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Intercompany Agreement Transfer Pricing

Intercompany Agreement Transfer Pricing Template for Switzerland

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Key Requirements PROMPT example:

Intercompany Agreement Transfer Pricing

"I need an Intercompany Agreement Transfer Pricing document under Swiss law for a manufacturing subsidiary providing production services to its parent company, with cost-plus pricing methodology and implementation date of March 1, 2025."

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Document background
The Intercompany Agreement Transfer Pricing document is essential for multinational companies operating in or through Switzerland to establish and document their transfer pricing policies. This agreement is particularly crucial given Switzerland's strict adherence to OECD guidelines and specific local tax requirements. The document serves multiple purposes: it demonstrates compliance with the arm's length principle, provides evidence of proper transfer pricing methodology for tax authorities, and establishes clear commercial terms between related entities. The agreement includes comprehensive details about pricing calculations, documentation requirements, and compliance procedures, making it a key document for tax risk management and corporate governance. It should be regularly reviewed and updated to reflect changes in business operations, market conditions, and regulatory requirements.
Suggested Sections

1. Parties: Identification of the group companies entering into the agreement, including registration details and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of the transfer pricing arrangement

3. Definitions: Key terms used throughout the agreement, including specific transfer pricing terminology

4. Scope of Services/Goods: Detailed description of the services or goods being transferred between parties

5. Transfer Pricing Methodology: Specific pricing method chosen (e.g., cost plus, resale price, TNMM) and its application

6. Calculation of Prices: Detailed mechanism for calculating transfer prices, including cost bases and markup/margins

7. Payment Terms: Terms and conditions for payment, including currency, timing, and payment methods

8. Documentation Requirements: Requirements for maintaining transfer pricing documentation and supporting evidence

9. Term and Termination: Duration of the agreement and conditions for termination

10. Compliance and Reporting: Obligations regarding tax compliance, reporting, and maintenance of records

11. Amendments and Reviews: Provisions for periodic review and adjustment of transfer prices

12. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes

Optional Sections

1. Force Majeure: Optional clause addressing extraordinary circumstances affecting the transfer pricing arrangement

2. Intellectual Property Rights: Include when the arrangement involves IP transfers or licenses

3. Quality Control: Include for goods transfers or when specific service standards need to be maintained

4. Customs and Import Duties: Include when physical goods are being transferred across borders

5. Advanced Pricing Arrangements: Include if an APA with tax authorities is in place or contemplated

6. Profit Split Provisions: Include when profit split methodology is used

7. Cost Sharing Provisions: Include for arrangements involving shared costs or development activities

8. Step-In Rights: Include when service continuity is critical for group operations

Suggested Schedules

1. Schedule 1 - Service/Product Specifications: Detailed description of services or products covered by the agreement

2. Schedule 2 - Pricing Methodology Details: Detailed calculations, formulas, and examples of price determination

3. Schedule 3 - Cost Allocation Keys: Specific cost allocation methodologies and ratios

4. Schedule 4 - Documentation Requirements: Detailed list of required documentation and maintenance procedures

5. Schedule 5 - Benchmark Analysis: Comparative analysis supporting the chosen transfer pricing method

6. Appendix A - Group Transfer Pricing Policy: Reference to or extract of relevant group transfer pricing policies

7. Appendix B - Compliance Checklist: Checklist for ongoing compliance with agreement terms

8. Appendix C - Related Party Information: Details of group structure and related party relationships

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions



































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Relevant Industries

Manufacturing

Pharmaceuticals

Technology

Financial Services

Consumer Goods

Professional Services

Automotive

Energy

Telecommunications

Life Sciences

Retail

Chemical Industry

Relevant Teams

Tax

Finance

Legal

Compliance

Treasury

Financial Planning & Analysis

Commercial Operations

International Tax

Transfer Pricing

Corporate Governance

Risk Management

Financial Reporting

Relevant Roles

Tax Director

Chief Financial Officer

Transfer Pricing Manager

International Tax Manager

Group Controller

Finance Director

Legal Counsel

Compliance Officer

Group Financial Controller

Head of Tax

Treasury Manager

Commercial Director

Operations Director

Group Financial Planning Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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