Dit prospectus is gemaakt voor de uitgifte van dit product en ... - Iex

Foreign Currency Option NotesOption Notes denominated in, or determined by reference to, a foreign currency (“Foreign CurrencyOption Notes”) will be subject to special rules. Interest and OID denominated in, or determined byreference to, a foreign currency will generally be subject to the rules described in “— U.S. FederalIncome Tax Treatment of Notes Treated as Debt — Foreign Currency Notes” above.The treatment upon the sale, retirement or disposition of the Deposit, as described above, should alsobe governed by the rules described under “— U.S. Federal Income Tax Treatment of Notes Treated asDebt — Foreign Currency Notes” above, regardless of whether the Option Note is cash settled. A U.S.Holder will have a tax basis in any Reference Items received in an amount equal to the excess of thepurchase price of the Option Note, translated into U.S. dollars at the exchange rate in effect on thedate of retirement, over the total premium payments received, with each premium likely translatedinto U.S. dollars at the exchange rate in effect on the date that it is received. U.S. Holders shouldconsult their tax advisers about the proper method for translating foreign currency with respect to anOption Note into U.S. dollars.Possible Alternative CharacterisationsDue to the absence of authority as to the proper characterisation of the Option Notes, no assurance canbe given that the IRS will accept, or that a court will uphold, the characterisation and tax treatmentdescribed above. It is possible, for example, that the IRS could maintain that amounts denominated asPut Premium (i) should be includible in the U.S. Holder’s income as interest in the manner describedabove regarding the interest payment, or (ii) should be included in a U.S. Holder’s income even in acase where the Option Note is retired for Reference Items. Such treatment might arise, for example, ifthe IRS were successfully to maintain that amounts denominated as Put Premium (i) should becharacterised for federal income tax purposes as interest, or (ii) should be treated as a return on theU.S. Holder’s investment in the Option Notes that constitutes income. Alternatively, the IRS couldmaintain that the Option Notes should be treated as contingent payment debt obligations, in whichcase the U.S. Holder would be treated as owning Contingent Notes (or Foreign Currency ContingentNotes), subject to the treatment discussed above under “— U.S. Federal Income Tax Treatment ofNotes Treated as Debt”.4.4 Backup Withholding and Information ReportingIn general, payments of interest and accrued OID on, and the proceeds of a sale, redemption or otherdisposition of, the Notes, payable to a U.S. Holder by a U.S. paying agent or other U.S. intermediarywill be reported to the IRS and to the U.S. Holder as may be required under applicable regulations.Backup withholding will apply to these payments and to accruals of OID if the U.S. Holder fails toprovide an accurate taxpayer identification number or certification of exempt status or fails to reportall interest and dividends required to be shown on its U.S. federal income tax returns. Certain U.S.Holders (including, among others, corporations) are not subject to backup withholding. U.S. Holdersshould consult their tax advisers as to their qualification for exemption from backup withholding andthe procedure for obtaining an exemption.4.5 Reportable TransactionsA U.S. taxpayer that participates in a “reportable transaction” will be required to disclose itsparticipation to the IRS. The scope and application of these rules is not entirely clear. A U.S. Holdermay be required to treat a foreign currency exchange loss from the Notes as a reportable transaction ifthe loss exceeds U.S.$ 50,000 in a single taxable year, if the U.S. Holder is an individual or trust, orhigher amounts for other non-individual U.S. Holders. In the event the acquisition, holding ordisposition of Notes constitutes participation in a reportable transaction for purposes of these rules, a338