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Tax Sharing Agreement
"I need a Tax Sharing Agreement for a German parent company and its three domestic subsidiaries in the manufacturing sector, with implementation planned for January 2025, focusing primarily on corporate tax and trade tax allocations within the group."
1. Parties: Identification of all participating entities in the tax sharing arrangement, including the controlling entity and participating subsidiaries
2. Background: Context of the agreement, including the group structure and purpose of the tax sharing arrangement
3. Definitions: Detailed definitions of key terms, including 'Tax Liability', 'Tax Benefit', 'Group Tax Return', 'Tax Period', and other relevant terms
4. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
5. Tax Sharing Principles: Core principles governing the allocation of tax liabilities and benefits among group members
6. Calculation Methodology: Detailed methods for calculating individual tax contributions and allocations
7. Payment Terms: Timing and mechanics of payments between group members, including interim and final payments
8. Tax Returns and Documentation: Responsibilities and procedures for preparing and filing tax returns and maintaining necessary documentation
9. Information Rights and Obligations: Requirements for information sharing and cooperation between group members
10. Dispute Resolution: Procedures for resolving disagreements regarding tax calculations or payments
11. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
1. Exit Provisions: Detailed procedures for handling member exits from the group - include when group members might leave frequently
2. International Tax Provisions: Special provisions for cross-border tax implications - include for multinational groups
3. Tax Audits and Investigations: Procedures for managing tax audits and investigations - include for larger groups or higher-risk industries
4. Change in Law Provisions: Mechanisms for addressing changes in tax legislation - include for long-term agreements
5. Transfer Pricing Considerations: Specific provisions related to transfer pricing - include for international groups or complex internal pricing structures
1. Schedule 1: Group Structure Chart: Detailed diagram showing the corporate structure of all participating entities
2. Schedule 2: Calculation Examples: Examples illustrating the tax allocation methodology with numerical examples
3. Schedule 3: Payment Procedures: Detailed procedures and timelines for making tax payments and adjustments
4. Schedule 4: Information Requirements: Specific information and documentation requirements for each group member
5. Appendix A: Contact Details: List of key contacts and their roles for tax matters in each entity
6. Appendix B: Tax Filing Calendar: Annual calendar of key tax filing dates and deadlines
Authors
Financial Services
Manufacturing
Technology
Real Estate
Energy
Retail
Healthcare
Automotive
Chemical Industry
Construction
Professional Services
Telecommunications
Finance
Tax
Legal
Treasury
Compliance
Corporate Governance
Accounting
Financial Planning & Analysis
Risk Management
Internal Audit
Chief Financial Officer
Tax Director
Head of Tax
Financial Controller
Group Accountant
Tax Manager
Corporate Counsel
Legal Director
Treasury Manager
Compliance Officer
Finance Director
Group Financial Controller
Tax Compliance Manager
Senior Tax Accountant
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