Key takeaways:

• The International Swaps and Derivatives Association, Inc. (ISDA), has proposed language for incorporation into derivatives documentation that allocates the burden of FATCA withholding tax to the recipient of the affected payments.
• Although the IRS has delayed the start date for FATCA withholding to January 1, 2014 (January 1, 2015, for certain payments), it has not extended the March 18, 2012, grandfather date, nor has it issued guidance on many aspects of the FATCA rules.
• Parties that have entered or will enter into any derivatives transaction should review the related documentation in light of the FATCA rules.