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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."
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
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
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
Financial Services
Manufacturing
Real Estate
Technology
Energy
Retail
Healthcare
Transportation and Logistics
Construction
Professional Services
Industrial Conglomerates
Telecommunications
Finance
Tax
Legal
Treasury
Accounting
Compliance
Corporate Governance
Financial Planning and Analysis
Internal Audit
Corporate Development
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
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