tiktok³ÉÈ˰æ

Intercompany Recharge Agreement Template for England and Wales

Create a bespoke document in minutes, or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Intercompany Recharge Agreement

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Intercompany Recharge Agreement

"Need an Intercompany Recharge Agreement between our UK parent company and German subsidiary to cover IT infrastructure costs and shared service center charges, with specific focus on transfer pricing compliance and quarterly payment terms, to be effective from January 2025."

What is a Intercompany Recharge Agreement?

The Intercompany Recharge Agreement is essential for corporate groups operating in England and Wales to formalize their internal cost allocation arrangements. This document is particularly important for ensuring transparent and compliant transfer pricing, managing shared resources efficiently, and maintaining clear financial boundaries between group entities. It addresses key aspects such as service definitions, charging methodologies, payment terms, and tax considerations, while adhering to relevant UK corporate and tax regulations.

What sections should be included in a Intercompany Recharge Agreement?

1. Parties: Identification of the group companies involved in the recharge arrangement

2. Background: Context of the recharge arrangement and group relationship between the parties

3. Definitions: Key terms used throughout the agreement including Services, Charges, Group, Service Provider, Service Recipient

4. Services: Detailed description of services/costs being recharged and service delivery obligations

5. Charging Mechanism: Methodology for calculating recharges, including cost allocation basis and markup if applicable

6. Payment Terms: Timing and method of payments, including invoicing process and currency

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

8. General Provisions: Standard boilerplate clauses including governing law, entire agreement, and variation

What sections are optional to include in a Intercompany Recharge Agreement?

1. Employment Provisions: Provisions relating to staff costs, secondments, and employment responsibilities when staff costs are being recharged

2. Intellectual Property: Rights and obligations regarding IP usage between group companies when IP is involved in services

3. Tax Provisions: Specific tax treatment agreements, particularly relevant for cross-border arrangements

4. Data Protection: Provisions for handling personal data when data sharing is involved between group entities

5. Service Levels: Performance standards and metrics when specific service levels need to be maintained

What schedules should be included in a Intercompany Recharge Agreement?

1. Schedule 1 - Service Description: Detailed description of all services being recharged including scope and exclusions

2. Schedule 2 - Pricing Schedule: Detailed cost allocation methodology, including calculation examples and any agreed markups

3. Schedule 3 - Service Levels: Performance metrics and KPIs if applicable to the services

4. Schedule 4 - Group Structure Chart: Diagram showing corporate relationship between the contracting parties

5. Schedule 5 - Pro Forma Invoice: Template for invoicing including required information and format

What is an intercompany recharge agreement and when is keyword needed?

An intercompany recharge agreement is a contract between related companies that outlines how costs for shared services or resources will be allocated and recharged. It's needed when one entity provides services or resources to another within the same corporate group. This ensures compliance with transfer pricing regulations and proper cost allocation. HMRC's transfer pricing rules require arm's length pricing for intercompany transactions, making a recharge agreement essential for UK companies. It documents the methodology, pricing, and terms to mitigate tax risks and substantiate the charges as arm's length.

For example, if a UK parent company provides IT support to its subsidiary, a recharge agreement would outline the services, costs, and pricing method to ensure the subsidiary is charged appropriately. This protects against challenges from HMRC on non-arm's length pricing.

What clauses should be included in an intercompany recharge agreement?

A well-drafted intercompany recharge agreement should include clauses that clearly define the scope of services, pricing methodology, payment terms, and dispute resolution mechanisms. It should also address intellectual property rights, confidentiality, and termination provisions. Consulting with legal and tax professionals is advisable to ensure the agreement aligns with your organisation's specific needs and mitigates potential risks.

Authors

Relevant legal definitions




































Clauses































Industries

Corporation Tax Act 2009: Primary legislation governing corporate taxation in the UK, crucial for ensuring proper tax treatment of intercompany charges

Value Added Tax Act 1994: Legislation governing VAT treatment of intercompany transactions and service charges

TIOPA 2010: Transfer Pricing regulations ensuring arm's length pricing between related entities

Companies Act 2006: Primary company law legislation covering directors' duties, related party transactions, and corporate benefit requirements

Financial Services and Markets Act 2000: Regulatory framework for financial services activities and regulated transactions

Employment Rights Act 1996: Key employment legislation relevant when recharging staff costs between group companies

UK GDPR: Data protection regulation governing the processing and transfer of personal data between group entities

Data Protection Act 2018: UK's implementation of data protection requirements, complementing UK GDPR

Contracts (Rights of Third Parties) Act 1999: Legislation governing third party rights in contractual arrangements

Competition Act 1998: Framework for ensuring intercompany arrangements don't breach competition law requirements

Enterprise Act 2002: Additional competition law considerations for group arrangements

Double Tax Treaties: International agreements preventing double taxation, relevant for cross-border recharges

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

Find the exact document you need

Intercompany Recharge Agreement

An England & Wales agreement formalizing internal cost allocations and transfer pricing within corporate groups.

find out more

Intercompany Licence Agreement

An England & Wales legal document regulating intra-group intellectual property and technology licensing arrangements.

find out more

Intercompany Employee Lease Agreement

An English law agreement governing the temporary transfer of an employee between companies while maintaining their original employment status.

find out more

Inter Company Services Agreement

A contract under English and Welsh law governing the provision of services between companies within the same corporate group.

find out more

Master Intercompany Agreement

An English law governed framework agreement establishing terms for transactions and relationships between entities within a corporate group.

find out more

Intercompany Employee Transfer Agreement

An English law agreement managing the transfer of employees between related companies, ensuring employment continuity and legal compliance.

find out more

Intercompany Shared Services Agreement

A contract under English and Welsh law governing the provision of shared services between companies within the same corporate group.

find out more

Intercompany Credit Agreement

A legally binding agreement under English and Welsh law that governs credit arrangements between companies within the same corporate group.

find out more

Intercompany Lease Agreement

A legal agreement under English and Welsh law governing property leases between companies within the same corporate group.

find out more

Intercompany Cost Plus Agreement

An English law agreement establishing cost-plus pricing arrangements between related group entities.

find out more

Intercompany Assignment Agreement

A contract under English and Welsh law governing the temporary assignment of an employee between companies, typically within the same group.

find out more

Intercompany Cost Sharing Agreement

A legal agreement under English and Welsh law governing the sharing and allocation of costs between related companies within a corporate group.

find out more

Intercompany Subordination Agreement

An English law agreement that establishes payment priorities between companies within the same corporate group, subordinating certain intercompany claims to others.

find out more

Intercompany Settlement Agreement

A legal agreement under English and Welsh law used to settle financial matters between companies within the same corporate group.

find out more

Intercompany Asset Transfer Agreement

A legal agreement governed by English and Welsh law for transferring assets between related companies within the same corporate group.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: /our-research
Oops! Something went wrong while submitting the form.

³Ò±ð²Ô¾±±ð’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; ³Ò±ð²Ô¾±±ð’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our for more details and real-time security updates.