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Tax Sharing Agreement Template for Austria

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Key Requirements PROMPT example:

Tax Sharing Agreement

"I need a Tax Sharing Agreement for our Austrian parent company and its three domestic subsidiaries in the manufacturing sector, to be effective from January 1, 2025, with specific provisions for handling research and development tax credits."

Document background
Tax Sharing Agreements are essential documents for corporate groups operating under Austria's group taxation regime (Gruppenbesteuerung), which allows consolidated tax treatment for qualifying corporate groups. This document type is particularly relevant when a corporate group wishes to establish a formal framework for sharing tax liabilities and benefits among its members. The Tax Sharing Agreement defines how tax obligations are calculated, allocated, and settled between the group parent (Gruppentr盲ger) and its subsidiaries (Gruppenmitglieder), ensuring compliance with Austrian tax law while optimizing the group's overall tax position. It becomes especially important in scenarios involving both domestic and foreign group members, complex corporate structures, or when significant intercompany transactions occur.
Suggested Sections

1. Parties: Identification of the participating entities, including the group parent company and participating subsidiaries

2. Background: Context of the agreement, including the group structure and purpose of the tax sharing arrangement

3. Definitions: Key terms used throughout the agreement, including technical tax terminology and group-specific definitions

4. Tax Group Formation: Establishment of the tax group under Austrian Gruppenbesteuerung rules and respective roles of participants

5. Calculation of Tax Liabilities: Methodology for calculating individual and consolidated tax positions

6. Payment Terms: Timing and mechanics of tax payments and reimbursements between group members

7. Record Keeping and Information Sharing: Obligations regarding maintenance and sharing of tax-relevant documentation

8. Tax Returns and Compliance: Responsibilities for preparation and filing of tax returns and maintaining compliance

9. Dispute Resolution: Procedures for resolving disagreements about tax calculations or payments

10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

11. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdictional matters

Optional Sections

1. International Tax Provisions: Required when the group includes international entities, covering cross-border tax implications

2. Transfer Pricing Arrangements: Needed when there are significant intercompany transactions requiring transfer pricing considerations

3. Tax Credits and Incentives: Include when the group utilizes specific tax credits or incentives that need to be allocated

4. Change in Law Provisions: Detailed provisions for adapting to tax law changes, particularly relevant for long-term agreements

5. Exit Mechanisms: Detailed procedures for members leaving the tax group, required for larger groups with frequent structural changes

6. Tax Audit Procedures: Specific procedures for handling tax audits, recommended for larger groups

Suggested Schedules

1. Calculation Methodology: Detailed formulas and examples for tax liability calculations and allocations

2. Group Structure Chart: Visual representation of the tax group structure and ownership relationships

3. Payment Schedule: Timeline and specific dates for tax payments and settlements between group members

4. Compliance Calendar: Key dates and deadlines for tax filings and regulatory requirements

5. Required Documentation: List of documents and records to be maintained by each group member

6. Contact Details: List of key personnel and their responsibilities regarding tax matters

Authors

Alex Denne

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

Relevant legal definitions








































Clauses

























Relevant Industries

Financial Services

Manufacturing

Real Estate

Technology

Energy

Retail

Healthcare

Transportation and Logistics

Construction

Professional Services

Industrial Conglomerates

Telecommunications

Relevant Teams

Finance

Tax

Legal

Treasury

Accounting

Compliance

Corporate Governance

Financial Planning and Analysis

Internal Audit

Corporate Development

Relevant Roles

Chief Financial Officer

Tax Director

Head of Tax

Group Financial Controller

Corporate Treasurer

Tax Manager

Legal Counsel

Financial Planning Manager

Accounting Manager

Group Controller

Finance Director

Compliance Officer

Tax Accountant

Corporate Secretary

Industries







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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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