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Tax Funding Agreement
"I need a Tax Funding Agreement under Indonesian law for our newly established mining group structure, with one parent company and three operating subsidiaries, to be effective from March 1, 2025, with specific provisions for handling mineral resource tax calculations."
1. Parties: Identification of the group entities entering into the agreement, including registration details and tax identification numbers
2. Background: Context of the agreement, including group structure and purpose of the tax funding arrangement
3. Definitions and Interpretation: Key terms used in the agreement, including specific Indonesian tax terminology and calculation methods
4. Tax Funding Obligations: Core obligations for funding tax payments, including timing and calculation principles
5. Payment Mechanisms: Procedures for making tax funding payments, including banking arrangements and currency specifications
6. Record Keeping and Information Sharing: Requirements for maintaining tax records and sharing information between parties
7. Tax Adjustments: Procedures for handling tax adjustments, amendments, and reconciliations
8. Default and Remedies: Consequences and remedies for failure to meet funding obligations
9. Termination: Circumstances and procedures for terminating the agreement
10. Governing Law and Dispute Resolution: Specification of Indonesian law governance and dispute resolution procedures
11. General Provisions: Standard provisions including notices, amendments, and severability
1. Cross-Border Provisions: Additional provisions for groups with international operations, including currency conversion and foreign tax credits
2. Tax Consolidation: Specific provisions if the group operates under Indonesia's tax consolidation regime
3. Interest and Penalties: Specific arrangements for handling tax penalties and interest charges
4. Tax Audits and Investigations: Procedures for managing tax audits and investigations by Indonesian tax authorities
5. Group Entry and Exit: Provisions handling entry or exit of group members from the funding arrangement
6. Security Arrangements: Security provisions if required for tax funding obligations
1. Schedule 1 - Calculation Methodology: Detailed methodology for calculating tax funding amounts
2. Schedule 2 - Payment Timeline: Specific dates and deadlines for tax funding payments
3. Schedule 3 - Group Structure: Current corporate structure showing relationships between parties
4. Schedule 4 - Bank Account Details: Designated bank accounts for tax funding payments
5. Schedule 5 - Reporting Templates: Standard forms and templates for tax funding calculations and reporting
6. Appendix A - Power of Attorney: If required, power of attorney for tax matters
7. Appendix B - Compliance Checklist: Checklist of regulatory requirements and compliance obligations
Authors
Financial Services
Manufacturing
Mining and Resources
Infrastructure
Real Estate
Technology
Retail
Telecommunications
Energy
Healthcare
Agricultural Business
Transportation and Logistics
Finance
Tax
Legal
Treasury
Compliance
Corporate Secretariat
Accounting
Internal Audit
Risk Management
Corporate Finance
Chief Financial Officer
Tax Director
Finance Director
Group Financial Controller
Tax Manager
Corporate Treasurer
Financial Planning Manager
Compliance Officer
Legal Counsel
Company Secretary
Finance Manager
Tax Accountant
Group Accountant
Financial Controller
Treasury Manager
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