TAX GROSS-UP

14:15 Jun 15, 2021
This question was closed without grading. Reason: Answer found elsewhere

English to Portuguese translations [PRO]
Bus/Financial - Finance (general)
English term or phrase: TAX GROSS-UP
This is a PREPAYMENT AGREEMENT celebrated between two Companies (Seller/Buyer) for the sale/buy of Crude Oil

TAX GROSS UP AND INDEMNITIES

6 1 Tax gross-up

(a) The Seller must make all payments to be made by it under the Transaction Documents without any Tax Deduction, unless a Tax Deduction is required by law.

(b) The Seller must, promptly on becoming aware that it must make a Tax Deduction (or that there is a change in the rate or the basis of a Tax Deduction), notify the Buyer accordingly. The Buyer must notify the Seller on becoming so aware in respect of a payment payable to it.

(c) If the Seller is required to make a Tax Deduction, the Seller must make that Tax Deduction and any payment required in connection with that Tax Deduction within the time allowed and in the minimum amount required by law.


Paragraph (a) above shall not apply with respect to any Tax compensated for by an increased payment under clause 6.1 (Tax gross-up) or which is assessed on the Buyer under the law of the jurisdiction in which the Buyer is incorporated or, if different, the jurisdiction (or jurisdictions) in which the Buyer is treated as resident for tax purposes if that Tax is imposed on or calculated by reference to the net income received or receivable (but not any sum deemed to be received or receivable) by the Buyer.
ndengue
United Kingdom


Summary of answers provided
4 +1ajuste do valor bruto (aos impostos)
Matheus Chaud
4CLÁUSULA DE TOTALIDADE
Mark Robertson
4Integração de impostos (Inclusão de impostos)
MARCOS BAZILIO
4incremento de impostos
Oliver Simões


  

Answers


9 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
tax gross-up
ajuste do valor bruto (aos impostos)


Explanation:

gross-up = ajuste do valor bruto
(conforme o Dicionário Jurídico do Pinheiro Netto)

Isso bate com a definição do site abaixo:

gross up:
A gross up is when you increase the gross amount of a payment to account for the taxes you must withhold from the payment
https://www.patriotsoftware.com/blog/payroll/understanding-t...

Matheus Chaud
Brazil
Local time: 05:24
Native speaker of: Native in PortuguesePortuguese
PRO pts in category: 268

Peer comments on this answer (and responses from the answerer)
agree  Mario Freitas:
1 day 9 hrs
  -> Obrigado, Mario!
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52 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
CLÁUSULA DE TOTALIDADE


Explanation:
The source term is a part of a clause heading in an agreement.

Uma "cláusula de totalidade" é uma cláusula pela qual o emitente se compromete a compensar o investidor por qualquer imposto retido pelo estado de estabelecimento do emitente.


    https://www.linguee.com/portuguese-english/translation/cl%C3%A1usula+totalidade.html
    https://iate.europa.eu/search/standard/result/1623769428103/1
Mark Robertson
Local time: 09:24
Native speaker of: Native in EnglishEnglish
PRO pts in category: 16
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5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Integração de impostos (Inclusão de impostos)


Explanation:
Tax Gross-Up definition

Tax Gross-Up means, with respect to any particular Indemnity Payment, such additional amount as is necessary to place the Indemnified Party in the same after-tax position as it would have been in had such Indemnity Payment been received tax free by the Indemnified Party. The Tax Gross-Up amount will be calculated by using the applicable combined federal and provincial income tax rate and/or the foreign tax rate applicable to the Indemnified Party and, except as provided in Section 6.08, without regard to any losses, credits, refunds or deductions that the Indemnified Party may have that could affect the amount of Tax payable on any such Indemn




    https://www.lawinsider.com/dictionary/tax-gross-up
MARCOS BAZILIO
Brazil
Local time: 05:24
Specializes in field
Native speaker of: Native in PortuguesePortuguese
PRO pts in category: 32
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9 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
tax gross-up
incremento de impostos


Explanation:
“A gross up is when you increase the gross amount of a payment to account for the taxes you must withhold from the payment. ... After you withhold taxes from the payment, the net amount should equal the amount you promised.” https://www.patriotsoftware.com/blog/payroll/understanding-t...

Gross: (n) overall total exclusive of deductions
https://www.merriam-webster.com/dictionary/gross

Example Sentence

“É também desproporcional porque, ao tributar o rendimento bruto, não considera os custos incorridos a montante, e injusta porque o imposto acrescido é transferido para o mutuário através de um incremento da taxa de juro (tax gross-up).” https://expresso.pt/opiniao/2020-05-21-A-tributacao-de-opera...

Entendo que neste contexto “tax” se refere a impostos e não a juros.

incrementar: Tornar maior ou mais desenvolvido. = AUMENTAR, DESENVOLVER, FOMENTAR
https://dicionario.priberam.org/incrementar


Oliver Simões
United States
Local time: 01:24
Works in field
Native speaker of: Native in PortuguesePortuguese
PRO pts in category: 123
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