The Intercompany Recharge Agreement is essential for corporate groups operating in Switzerland that need to formalize internal cost and service allocations between related entities. This document is typically used when one group entity provides services or incurs costs that benefit other group members, requiring a formal mechanism for fair and compliant cost allocation. The agreement ensures compliance with Swiss transfer pricing regulations, VAT requirements, and corporate law while providing clear documentation for tax authorities. It is particularly important in the context of Swiss tax and regulatory requirements, which emphasize the need for arm's length pricing and proper documentation of intercompany transactions. The agreement should be updated periodically to reflect changes in service scope, cost structures, or regulatory requirements.
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1. Parties: Identification of the service provider and recipient companies, including registration details
2. Background: Context of the agreement, relationship between the parties, and purpose of the recharge arrangement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Scope of Services: Description of services to be provided and recharged between the parties
5. Calculation of Charges: Methodology for calculating recharges, including cost allocation methods and markup
6. Payment Terms: Billing frequency, payment deadlines, currency, and payment methods
7. Transfer Pricing Compliance: Confirmation of arm's length pricing principles and compliance requirements
8. Record Keeping and Audit Rights: Requirements for maintaining records and rights to audit charges
9. Confidentiality: Protection of confidential information exchanged under the agreement
10. Term and Termination: Duration of agreement and circumstances for termination
11. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
1. Data Protection: Required if personal data is processed as part of the services
2. Intellectual Property Rights: Needed if services involve creation or use of intellectual property
3. Service Levels: Include if specific performance standards need to be maintained
4. Staff and Secondment: Required if services involve staff transfers or secondments
5. Insurance: Include if specific insurance requirements are needed for the services
6. Force Majeure: Optional clause for handling unforeseen circumstances
7. Anti-Corruption and Compliance: Include for high-risk services or jurisdictions
8. Tax Provisions: Detailed tax clauses if complex tax implications exist
1. Schedule 1 - Services Description: Detailed description of all services covered by the agreement
2. Schedule 2 - Charging Methodology: Detailed breakdown of cost components and calculation methods
3. Schedule 3 - Service Levels: Specific performance metrics and standards if applicable
4. Schedule 4 - Contact Details: Key contact persons and escalation matrix
5. Appendix A - Cost Allocation Keys: Specific allocation keys used for different types of costs
6. Appendix B - Transfer Pricing Documentation: Supporting documentation for transfer pricing methodology
7. Appendix C - Reporting Templates: Standard templates for service reporting and invoicing
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