Tax Sharing Agreement

Tax Sharing Agreement Template for Denmark

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Document background

A Tax Sharing Agreement becomes necessary when multiple entities within a corporate group need to establish clear mechanisms for allocating tax liabilities and benefits under Danish tax law. This document is particularly crucial in Denmark due to the mandatory joint taxation regime for resident group companies and optional international joint taxation rules. The agreement typically addresses calculation methods for tax allocations, payment timing, administrative responsibilities, and dispute resolution procedures. It ensures compliance with the Danish Corporate Tax Act (Selskabsskatteloven) and related regulations while providing a framework for efficient tax management within the group structure. The Tax Sharing Agreement is essential for groups operating under Danish joint taxation rules and must be regularly reviewed to reflect changes in tax legislation and group structure.

Suggested Sections

1. Parties: Identification of all participating entities, including their registration numbers and addresses

2. Background: Context of the agreement, including the group structure and reason for tax sharing arrangement

3. Definitions: Definitions of key terms used throughout the agreement, including tax-specific terminology

4. Scope of Agreement: Detailed description of what taxes and tax-related items are covered by the agreement

5. Tax Sharing Principles: Core principles for calculating and allocating tax liabilities and benefits between parties

6. Payment Terms: Timing and method of payments, including quarterly estimates and final settlements

7. Tax Reporting Obligations: Requirements for information sharing, documentation, and tax return preparation

8. Administration: Designation of the administrative entity and its responsibilities

9. Record Keeping: Requirements for maintaining tax records and supporting documentation

10. Dispute Resolution: Procedures for resolving disagreements about tax calculations or allocations

11. Term and Termination: Duration of the agreement and circumstances allowing termination

12. Confidentiality: Provisions regarding the confidentiality of tax information

13. Governing Law and Jurisdiction: Specification of Danish law application and jurisdiction

Optional Sections

1. International Tax Provisions: Required when agreement involves international entities or cross-border transactions

2. Transfer Pricing Adjustments: Needed when parties engage in significant related-party transactions

3. Special Tax Benefits: Include when specific tax incentives or benefits need to be allocated

4. Change in Law Provisions: Additional provisions for handling significant changes in tax legislation

5. Group Relief Provisions: Required when tax losses can be transferred between group companies

6. Exit Provisions: Detailed procedures when a party leaves the tax sharing arrangement

7. Withholding Tax Provisions: Include when cross-border payments subject to withholding tax are involved

Suggested Schedules

1. Schedule 1 - Calculation Methodology: Detailed formulas and methods for calculating tax shares

2. Schedule 2 - Payment Procedures: Specific procedures and timelines for making tax-related payments

3. Schedule 3 - Reporting Templates: Standardized formats for regular tax reporting between parties

4. Schedule 4 - Group Structure Chart: Current corporate structure showing relationships between parties

5. Appendix A - Contact Details: List of key contacts responsible for tax matters at each entity

6. Appendix B - Tax Registration Information: Tax registration numbers and details for all participating entities

7. Appendix C - Historical Tax Information: Relevant historical tax positions and arrangements

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