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Tax Funding Agreement Template for United States

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Key Requirements PROMPT example:

Tax Funding Agreement

"Need a Tax Funding Agreement between our parent company and three subsidiaries to manage quarterly tax payments and allocate tax benefits, with specific provisions for loss sharing and inter-company funding arrangements to commence from January 2025."

Document background
Tax Funding Agreements are essential instruments in U.S. corporate and financial operations, particularly when structuring tax payment arrangements between related entities or securing external funding for tax obligations. These agreements become necessary when organizations need to establish clear frameworks for managing tax payments, especially in complex group structures or when external funding is required. A Tax Funding Agreement typically includes detailed provisions for payment timing, security arrangements, and the allocation of tax benefits, while ensuring compliance with both federal and state tax regulations.
Suggested Sections

1. Parties: Identification of all parties to the agreement including tax paying entities and funding providers

2. Background: Context of the tax funding arrangement, purpose, and relevant regulatory framework

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

4. Funding Terms: Core terms of the tax funding arrangement including amounts, timing, and purpose of funds

5. Payment Mechanisms: Procedures for making and receiving payments, including payment schedules and methods

6. Tax Treatment: Agreed tax treatment of the funding arrangement and compliance requirements

7. Representations and Warranties: Standard and tax-specific representations and warranties from all parties

8. Events of Default: Circumstances constituting default and corresponding remedies

9. Governing Law and Jurisdiction: Applicable law and jurisdiction for dispute resolution

Optional Sections

1. Security Arrangements: Details of any security provided for the funding arrangement, used when funding is secured against assets

2. Inter-creditor Provisions: Rights and priorities between different creditors, included when multiple funding sources exist

3. Tax Sharing Provisions: Provisions detailing how tax benefits are shared between parties, used when tax benefits need to be allocated

4. Regulatory Compliance: Additional compliance requirements for specific jurisdictions or regulatory frameworks

Suggested Schedules

1. Payment Schedule: Detailed schedule of payment amounts, dates, and calculation methodologies

2. Tax Calculations: Detailed methodology for calculating tax implications and payments

3. Form of Notices: Standard forms for required notices and communications

4. Security Documents: Details of security arrangements and related documentation

5. Compliance Certificates: Forms of compliance certificates and other regulatory documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Internal Revenue Code (IRC): Primary source of federal tax law in the United States that governs federal taxation, tax procedures, and tax-related obligations

Treasury Regulations: Detailed rules and interpretations issued by the U.S. Department of Treasury to implement the Internal Revenue Code

State Tax Codes: State-specific tax laws and regulations that govern taxation at the state level and may impact tax funding arrangements

Securities Act of 1933: Federal law governing the initial offering and sale of securities, which may be relevant if the tax funding agreement involves securitization

Securities Exchange Act of 1934: Federal law regulating secondary trading of securities and establishing the SEC, relevant for ongoing compliance

Government Code: Regulations governing the use and administration of public funds in tax funding arrangements

Tax Increment Financing (TIF) Laws: Specific regulations governing the use of future tax revenue increases to fund current improvements

Administrative Procedure Act: Federal law governing how administrative agencies propose and establish regulations, including tax-related procedures

State Contract Laws: State-specific laws governing contract formation, enforcement, and interpretation

Uniform Commercial Code (UCC): Standardized set of laws governing commercial transactions, which may apply to certain aspects of tax funding agreements

Dodd-Frank Act: Comprehensive financial reform legislation that may apply if the tax funding agreement involves financial institutions

Anti-fraud Provisions: Legal requirements designed to prevent fraudulent practices in financial arrangements and tax-related agreements

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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