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Tax Sharing And Funding Agreement
"I need a Tax Sharing and Funding Agreement for our German manufacturing group with 5 subsidiaries, including provisions for handling both domestic and international tax obligations, to be implemented by March 2025."
1. Parties: Identification of all participating entities, including their legal status and registration details
2. Background: Context of the agreement, relationship between parties, and purpose of the tax sharing and funding arrangement
3. Definitions: Detailed definitions of technical terms, including tax-related terminology, calculation periods, and specific German tax concepts
4. Tax Sharing Principles: Fundamental principles governing the tax sharing arrangement, including methodology and basis for allocation
5. Calculation and Allocation of Tax Liability: Detailed mechanisms for calculating and allocating tax liabilities between parties
6. Funding Arrangements: Procedures for funding tax payments, including timing, payment methods, and banking details
7. Tax Payments and Reporting: Obligations regarding tax payments, filing requirements, and reporting responsibilities
8. Records and Information Exchange: Requirements for maintaining records and sharing relevant tax information between parties
9. Administrative Matters: Day-to-day administration of the agreement, including contact persons and communication procedures
10. Dispute Resolution: Procedures for resolving disputes related to tax calculations or funding obligations
11. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
12. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. International Tax Provisions: Required when parties are subject to multiple tax jurisdictions or international tax treaties
2. Group Relief Provisions: Needed when the arrangement includes sharing of tax losses or other tax attributes within a corporate group
3. Special Industry Provisions: Required for specific industry sectors with special tax treatment (e.g., renewable energy, real estate)
4. VAT Grouping: Necessary when parties form a VAT group under German tax law
5. Tax Audit Procedures: Detailed procedures for handling tax audits when more comprehensive audit provisions are required
6. Change in Law Provisions: Specific provisions for dealing with changes in tax legislation that may affect the arrangement
1. Schedule 1 - Calculation Methodology: Detailed formulas and methods for calculating tax shares and funding requirements
2. Schedule 2 - Payment Procedures: Specific procedures, timelines, and banking details for making tax and funding payments
3. Schedule 3 - Participating Entities: Complete list of participating entities with their tax registration details and roles
4. Schedule 4 - Tax Returns and Filing Schedule: Calendar of tax return filing deadlines and responsibilities
5. Schedule 5 - Information Requirements: Detailed list of information and documents required from each party
6. Appendix A - Pro Forma Calculations: Example calculations showing how the tax sharing and funding mechanisms work
7. Appendix B - Compliance Checklist: Checklist of compliance requirements under German tax law
8. Appendix C - Contact Details: List of key contacts and their roles in administering the agreement
Authors
Financial Services
Manufacturing
Real Estate
Energy and Utilities
Technology
Automotive
Chemical Industry
Pharmaceuticals
Infrastructure
Telecommunications
Retail and Consumer Goods
Professional Services
Finance
Tax
Treasury
Legal
Compliance
Accounting
Corporate Finance
Financial Planning and Analysis
Risk Management
Internal Audit
Chief Financial Officer
Tax Director
Head of Treasury
Financial Controller
Group Tax Manager
Corporate Finance Manager
Legal Counsel
Compliance Officer
Head of Accounting
Treasury Operations Manager
Tax Compliance Manager
Group Financial Controller
Senior Tax Accountant
Corporate Treasurer
Finance Director
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