Transfer Pricing Agreement

Transfer Pricing Agreement Template for Denmark

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Document background

Transfer Pricing Agreements are essential documents for multinational enterprises operating in Denmark to establish and document their intercompany pricing arrangements. These agreements are particularly crucial given Denmark's strict transfer pricing documentation requirements and adherence to OECD Guidelines. A Transfer Pricing Agreement helps companies demonstrate compliance with the arm's length principle, as required by Danish tax authorities, while providing a framework for consistent application of transfer pricing policies. The agreement typically includes comprehensive details about pricing methodologies, documentation requirements, and compliance procedures, helping companies manage their transfer pricing risks and obligations under Danish law. It serves as a key document for both operational purposes and potential tax authority reviews.

Suggested Sections

1. Parties: Identification of the related entities entering into the agreement, including registration numbers and jurisdictions

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

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

4. Scope of Agreement: Description of transactions covered, products/services involved, and territorial scope

5. Transfer Pricing Methodology: Detailed explanation of chosen pricing method(s) and justification for selection

6. Pricing Terms and Calculations: Specific pricing formulas, margins, and calculation methods

7. Documentation Requirements: Obligations regarding maintenance of transfer pricing documentation, including Master File and Local File requirements

8. Compliance and Reporting: Procedures for ensuring compliance with Danish tax regulations and reporting obligations

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

10. Representations and Warranties: Standard declarations regarding capacity, authority, and compliance

11. Dispute Resolution: Procedures for handling disputes, including competent authority procedures

12. Governing Law: Confirmation of Danish law as governing law and jurisdiction

Optional Sections

1. Critical Assumptions: Specific conditions under which the agreement operates, used when certain market or business conditions are crucial to the pricing method

2. Advance Pricing Agreement Integration: Required when the transfer pricing agreement needs to align with an existing or pending APA

3. Cost Sharing Provisions: Needed when parties share development costs or risks

4. Foreign Exchange Provisions: Required for cross-border transactions involving multiple currencies

5. Periodic Adjustment Mechanism: Used when regular price adjustments may be needed based on market conditions

6. Force Majeure: Optional provisions for extraordinary circumstances affecting pricing

7. Intellectual Property Rights: Required when IP transfers or licenses are part of the pricing arrangement

Suggested Schedules

1. Schedule A - Covered Transactions: Detailed list of all intercompany transactions covered by the agreement

2. Schedule B - Pricing Methodology Details: Detailed calculations, comparables, and specific pricing formulas

3. Schedule C - Documentation Requirements: Specific documentation templates and requirements for both parties

4. Schedule D - Functional Analysis: Detailed analysis of functions, assets, and risks of each party

5. Schedule E - Benchmark Analysis: Comparable company analysis and market data supporting the chosen methodology

6. Appendix 1 - Reporting Templates: Standard templates for periodic transfer pricing reports

7. Appendix 2 - Compliance Checklist: Checklist ensuring compliance with Danish transfer pricing requirements

8. Appendix 3 - Group Structure Chart: Organization chart showing relationship between parties

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Transfer Pricing Agreement Template for Denmark

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