The Intercompany Recharge Agreement is essential for UAE-based corporate groups requiring a formal structure for allocating and charging costs between related entities. This document is particularly relevant in the context of UAE's developing tax regime, including VAT and transfer pricing regulations, and becomes necessary when companies within a group share services, resources, or costs that need to be redistributed. It addresses key requirements under UAE Federal Law No. 32 of 2021 (Companies Law) and UAE Federal Decree-Law No. 8 of 2017 (VAT Law), ensuring proper documentation of inter-group transactions. The agreement typically covers shared services, management fees, employee costs, and other group expenses, providing clear methodologies for calculation and allocation while ensuring compliance with local regulatory requirements.
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1. Parties: Identification of the service provider and recipient companies, including their registration details and addresses
2. Background: Context of the agreement, relationship between the parties, and general purpose of the recharge arrangement
3. Definitions: Definitions of key terms used throughout the agreement, including specific service categories, cost types, and calculation methods
4. Scope of Services: Detailed description of services subject to recharge between the companies
5. Cost Allocation Methodology: Principles and methods for calculating recharge amounts, including direct and indirect cost allocation
6. Pricing and Payment Terms: Details of how charges will be calculated, invoicing frequency, payment currency, and payment terms
7. VAT and Tax Compliance: Provisions regarding VAT treatment, tax documentation requirements, and compliance with UAE tax laws
8. Record Keeping and Documentation: Requirements for maintaining supporting documentation, time records, and cost calculations
9. Audit Rights: Rights of parties to audit recharge calculations and supporting documentation
10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
11. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for dispute resolution
12. General Provisions: Standard boilerplate clauses including amendments, notices, and entire agreement provisions
1. Service Levels: Include when specific performance standards need to be maintained for the recharged services
2. Intellectual Property Rights: Include when services involve creation or use of intellectual property
3. Employee Secondment: Include when arrangement involves staff secondment between companies
4. Regulatory Compliance: Include when services are in regulated industries requiring specific compliance measures
5. Foreign Exchange Provisions: Include for cross-border arrangements involving multiple currencies
6. Group Policy Compliance: Include when specific group-wide policies need to be referenced and complied with
7. Dispute Resolution: Include detailed dispute resolution procedures when parties want specific resolution mechanisms
1. Schedule 1 - Services Description: Detailed description of each service category subject to recharge
2. Schedule 2 - Calculation Methodology: Detailed formulas and methods for calculating recharge amounts
3. Schedule 3 - Rate Card: Standard rates for different types of services or personnel
4. Schedule 4 - Allocation Keys: Specific allocation keys and percentages for cost distribution
5. Schedule 5 - Required Documentation: List of documents required to support recharge calculations
6. Appendix A - Service Level Metrics: Specific performance metrics and standards if applicable
7. Appendix B - Template Reports: Standard templates for regular reporting and invoicing
8. Appendix C - Group Policies: Relevant group policies affecting the recharge arrangement
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