Tax Allocation Agreements are essential documents for U.S. corporate groups filing consolidated tax returns. These agreements become necessary when multiple entities operate under common control and file consolidated returns. A Tax Allocation Agreement defines how tax liabilities and benefits are allocated among group members, establishes payment mechanisms, and outlines responsibilities for tax compliance. It helps prevent disputes, ensures regulatory compliance, and provides clarity on how tax attributes are shared. The agreement is particularly important for satisfying IRS requirements and maintaining proper intercompany accounting.
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1. Parties: Identification of parent company and subsidiaries involved in the agreement
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement including tax-specific terminology
4. Tax Sharing Payments: Methodology for calculating and allocating tax liabilities and benefits among group members
5. Payment Terms: Timing, method, and procedures for payments between group members
6. Tax Return Preparation: Responsibilities and procedures for preparing and filing consolidated returns
7. Dispute Resolution: Process for resolving disagreements between parties regarding tax allocations
8. Term and Termination: Duration of the agreement and circumstances for termination
1. State Tax Provisions: Specific provisions for state tax allocation when operating in multiple states
2. Foreign Tax Provisions: Provisions for handling foreign tax credits and liabilities for international operations
3. Regulatory Compliance: Special provisions for regulated entities subject to specific oversight requirements
4. Change in Law Provisions: Procedures for addressing changes in tax laws affecting the agreement
1. Schedule A - Group Members: Comprehensive list of all entities included in the tax sharing agreement
2. Schedule B - Allocation Methodology: Detailed calculations and examples of tax allocation method
3. Schedule C - Payment Procedures: Specific procedures for making and documenting payments
4. Appendix A - Tax Return Filing Schedule: Timeline and deadlines for tax return preparation and filing
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