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Tax Sharing And Funding Agreement Template for Germany

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Key Requirements PROMPT example:

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."

Document background
The Tax Sharing and Funding Agreement is essential for corporate groups operating in Germany who need to establish clear mechanisms for sharing tax obligations and coordinating related funding requirements. This document becomes necessary when multiple entities within a group need to coordinate their tax positions, particularly in situations involving consolidated tax returns, shared tax liabilities, or complex intercompany funding arrangements. The agreement ensures compliance with German tax laws while providing a structured approach to managing group tax obligations. It is particularly relevant in the context of German fiscal unity (Organschaft) arrangements and must align with the German Fiscal Code (Abgabenordnung) and Corporate Income Tax Act. The document includes detailed provisions for calculation methodologies, payment procedures, and information sharing requirements, while ensuring adherence to German regulatory requirements and accounting standards.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Relevant legal definitions



















































Clauses




























Relevant Industries

Financial Services

Manufacturing

Real Estate

Energy and Utilities

Technology

Automotive

Chemical Industry

Pharmaceuticals

Infrastructure

Telecommunications

Retail and Consumer Goods

Professional Services

Relevant Teams

Finance

Tax

Treasury

Legal

Compliance

Accounting

Corporate Finance

Financial Planning and Analysis

Risk Management

Internal Audit

Relevant Roles

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

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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