Flash News: New Guidance on US Withholding on Dividend Equivalent Payments on Swaps over U.S. Equities
On 19 January 2012, new guidance was released regarding swap contracts over U.S. equities that call for "dividend equivalent payments" to be subject to up to 30 percent gross US withholding. The proposed rules provide a new, more expansive, standard for defining the scope of swaps that are subject to US withholding. Although the expanded scope for swaps over US equities giving rise to gross US-source dividends is only proposed, the proposed regulations highlight key factors in assessing which total return derivatives over US equities may be subject to withholding in the future.
January 2012