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Tax Allocation Agreement
"Need a Tax Allocation Agreement under Belgian law for our manufacturing group consisting of one parent company and three Belgian subsidiaries, with special attention to transfer pricing provisions for our cross-border transactions with German affiliates, to be implemented by March 2025."
1. Parties: Identification of the participating group entities, including the parent company and subsidiaries
2. Background: Context of the group structure and purpose of the tax allocation arrangement
3. Definitions: Key terms used throughout the agreement, including tax-specific terminology and group-specific definitions
4. Scope of Agreement: Specification of taxes covered and entities included in the tax allocation arrangement
5. Tax Allocation Methodology: Detailed methodology for calculating and allocating tax liabilities and benefits among group members
6. Payment Terms: Timing and procedures for inter-company tax payments and settlements
7. Record Keeping and Documentation: Requirements for maintaining tax records and supporting documentation
8. Tax Returns and Compliance: Responsibilities for preparation and filing of tax returns and other compliance obligations
9. Dispute Resolution: Procedures for resolving disagreements regarding tax allocations or calculations
10. Term and Termination: Duration of the agreement and conditions for termination
11. Governing Law and Jurisdiction: Specification of Belgian law application and jurisdictional matters
1. Cross-Border Considerations: Specific provisions for international group members, applicable when the group has entities outside Belgium
2. VAT Grouping Arrangements: Specific provisions for VAT group registration, if the group opts for VAT grouping
3. Transfer Pricing Adjustments: Procedures for handling transfer pricing adjustments, relevant for groups with significant related-party transactions
4. Tax Audits and Investigations: Procedures for managing tax audits, included when specific audit risks are identified
5. Special Tax Regimes: Provisions for special tax regimes or incentives, included when group members benefit from specific tax treatments
6. Change in Law Provisions: Procedures for handling changes in tax legislation, particularly relevant for long-term agreements
1. Schedule 1: Group Structure Chart: Detailed diagram showing the relationship between participating group entities
2. Schedule 2: Tax Calculation Methodology: Detailed formulas and examples for tax allocation calculations
3. Schedule 3: Payment Procedures: Specific procedures and timelines for inter-company tax payments
4. Schedule 4: Compliance Calendar: Annual timeline of tax compliance obligations and deadlines
5. Schedule 5: Documentation Requirements: Detailed list of required documentation and record-keeping standards
6. Appendix A: Contact Details: List of key contacts and their roles in tax matters for each group entity
7. Appendix B: Transfer Pricing Guidelines: Specific guidelines for transfer pricing compliance and documentation
Authors
Financial Services
Manufacturing
Technology
Pharmaceuticals
Energy
Real Estate
Professional Services
Retail
Telecommunications
Transportation and Logistics
Construction
Healthcare
Tax
Finance
Legal
Treasury
Compliance
Internal Audit
Corporate Governance
Accounting
Financial Planning and Analysis
Risk Management
Chief Financial Officer
Tax Director
Head of Tax
Financial Controller
Group Treasurer
Tax Manager
Corporate Controller
Finance Director
Tax Counsel
Senior Tax Accountant
Group Financial Controller
Compliance Officer
Internal Audit Director
Legal Counsel
Corporate Secretary
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