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Indirect Cost Agreement
"I need an Indirect Cost Agreement for my manufacturing group in India to establish a shared services arrangement between our parent company and four subsidiaries, with specific focus on IT, HR, and accounting services cost allocation starting January 2025."
1. Parties: Identification of the participating entities, including their legal status and registered addresses
2. Background: Context of the agreement, existing relationships between parties, and purpose of the cost sharing arrangement
3. Definitions: Detailed definitions of key terms including Indirect Costs, Cost Pools, Allocation Keys, and other relevant terminology
4. Scope of Agreement: Details of the activities and costs covered under the agreement
5. Cost Identification and Pools: Definition and categorization of indirect costs into appropriate cost pools
6. Allocation Methodology: Detailed explanation of the basis and methods for allocating indirect costs
7. Calculation and Payment Terms: Procedures for calculating cost shares, timing of payments, and payment methods
8. Documentation Requirements: Records to be maintained, supporting documentation needed, and audit trails
9. Audit Rights: Rights of parties to audit cost calculations and supporting documentation
10. Term and Termination: Duration of the agreement and conditions for termination
11. Dispute Resolution: Procedures for resolving disagreements regarding cost allocation
12. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction details
1. True-up Mechanism: Procedures for adjusting estimated costs against actual costs, used when estimates are used for initial allocations
2. GST Treatment: Specific provisions regarding GST implications, required when services are taxable under GST
3. Intercompany Billing Procedures: Detailed billing procedures, needed for arrangements between group companies
4. Confidentiality: Provisions for protecting sensitive cost information, needed when dealing with external parties
5. Force Majeure: Provisions for handling extraordinary events affecting cost allocation, useful in long-term arrangements
6. Step-in Rights: Rights of parties to take over certain functions, relevant in critical service arrangements
7. Change Control: Procedures for modifying allocation methodologies, needed in complex or long-term arrangements
1. Schedule A - Cost Pools and Categories: Detailed listing and description of all indirect cost pools covered by the agreement
2. Schedule B - Allocation Keys: Specific allocation keys and ratios for each cost pool with calculation methods
3. Schedule C - Service Level Metrics: Performance metrics and standards related to cost allocation efficiency
4. Schedule D - Reporting Templates: Standard formats for regular cost allocation reports and documentation
5. Schedule E - Transfer Pricing Documentation: Required documentation to comply with transfer pricing regulations
6. Appendix 1 - Sample Calculations: Examples of cost allocation calculations for different scenarios
7. Appendix 2 - Contact Details: List of key personnel responsible for cost allocation management
8. Appendix 3 - Compliance Checklist: Checklist ensuring compliance with relevant Indian regulations and standards
Authors
Manufacturing
Information Technology
Financial Services
Pharmaceutical
Automotive
Retail and Consumer Goods
Professional Services
Infrastructure
Telecommunications
Energy and Utilities
Finance
Legal
Compliance
Tax
Treasury
Shared Services
Operations
Internal Audit
Accounting
Corporate Finance
Business Planning
Risk Management
Chief Financial Officer
Finance Director
Head of Shared Services
Financial Controller
Transfer Pricing Manager
Cost Accounting Manager
Tax Director
Legal Counsel
Compliance Officer
Operations Director
Group Finance Manager
Treasury Manager
Corporate Controller
Finance Planning Manager
Accounting Manager
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