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Tax Sharing Agreement
I need a Tax Sharing Agreement under Danish law for a manufacturing group with one parent company and three Danish subsidiaries, to be effective from January 1, 2025, with specific provisions for handling R&D tax credits and loss utilization between group companies.
1. Parties: Identification of all participating entities, including their registration numbers and addresses
2. Background: Context of the agreement, including the group structure and reason for tax sharing arrangement
3. Definitions: Definitions of key terms used throughout the agreement, including tax-specific terminology
4. Scope of Agreement: Detailed description of what taxes and tax-related items are covered by the agreement
5. Tax Sharing Principles: Core principles for calculating and allocating tax liabilities and benefits between parties
6. Payment Terms: Timing and method of payments, including quarterly estimates and final settlements
7. Tax Reporting Obligations: Requirements for information sharing, documentation, and tax return preparation
8. Administration: Designation of the administrative entity and its responsibilities
9. Record Keeping: Requirements for maintaining tax records and supporting documentation
10. Dispute Resolution: Procedures for resolving disagreements about tax calculations or allocations
11. Term and Termination: Duration of the agreement and circumstances allowing termination
12. Confidentiality: Provisions regarding the confidentiality of tax information
13. Governing Law and Jurisdiction: Specification of Danish law application and jurisdiction
1. International Tax Provisions: Required when agreement involves international entities or cross-border transactions
2. Transfer Pricing Adjustments: Needed when parties engage in significant related-party transactions
3. Special Tax Benefits: Include when specific tax incentives or benefits need to be allocated
4. Change in Law Provisions: Additional provisions for handling significant changes in tax legislation
5. Group Relief Provisions: Required when tax losses can be transferred between group companies
6. Exit Provisions: Detailed procedures when a party leaves the tax sharing arrangement
7. Withholding Tax Provisions: Include when cross-border payments subject to withholding tax are involved
1. Schedule 1 - Calculation Methodology: Detailed formulas and methods for calculating tax shares
2. Schedule 2 - Payment Procedures: Specific procedures and timelines for making tax-related payments
3. Schedule 3 - Reporting Templates: Standardized formats for regular tax reporting between parties
4. Schedule 4 - Group Structure Chart: Current corporate structure showing relationships between parties
5. Appendix A - Contact Details: List of key contacts responsible for tax matters at each entity
6. Appendix B - Tax Registration Information: Tax registration numbers and details for all participating entities
7. Appendix C - Historical Tax Information: Relevant historical tax positions and arrangements
Authors
Financial Services
Manufacturing
Real Estate
Energy and Utilities
Technology
Pharmaceutical
Retail and Consumer Goods
Transportation and Logistics
Professional Services
Construction
Healthcare
Telecommunications
Finance
Tax
Legal
Treasury
Accounting
Corporate Governance
Compliance
Financial Planning and Analysis
Risk Management
International Tax
Chief Financial Officer
Tax Director
Head of Tax
Financial Controller
Group Treasurer
Tax Manager
Corporate Counsel
Finance Director
Tax Accountant
Group Financial Controller
Tax Compliance Manager
Senior Tax Analyst
Legal Counsel
Corporate Secretary
Finance Manager
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