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Tax Sharing Agreement
"Need a Tax Sharing Agreement for our New Zealand holding company and its five retail subsidiary companies, with specific provisions for quarterly tax payments and the potential addition of two new subsidiaries expected in March 2025."
1. Parties: Identifies all participating entities in the tax sharing agreement, including the head company and subsidiary members
2. Background: Sets out the context of the agreement, including the group structure and purpose of entering into the tax sharing arrangement
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles
4. Term and Termination: Specifies the duration of the agreement and circumstances under which it can be terminated
5. Tax Sharing Arrangements: Core section detailing how tax liabilities and benefits will be shared among group members
6. Payment Obligations: Specifies timing, method and calculation of payments between group members
7. Tax Funding Arrangements: Details how tax payments will be funded among group members
8. Default and Remedies: Outlines consequences and remedies for breach of payment or other obligations
9. Dispute Resolution: Procedures for resolving disputes between group members
10. Confidentiality: Obligations regarding confidential information shared under the agreement
11. General Provisions: Standard contractual provisions including notices, amendments, governing law, etc.
1. GST Arrangements: Include when group members need to address sharing of GST obligations
2. Tax Loss Sharing: Include when group members wish to share tax losses among the group
3. Exit Arrangements: Include detailed provisions for managing exit of group members
4. Clear Exit Rights: Include when specific circumstances for leaving the arrangement need to be defined
5. Joining Procedures: Include when new members may join the tax sharing group
6. Indemnities: Include specific indemnities beyond standard provisions when required by group structure
7. Tax Audit Procedures: Include detailed procedures for handling tax audits when higher risk of audit exists
8. International Tax Provisions: Include when group includes international entities or cross-border transactions
1. Group Members: List of all current group members and their details
2. Calculation Methodology: Detailed methodology for calculating tax sharing amounts
3. Payment Procedures: Step-by-step procedures for making and receiving payments
4. Tax Allocation Framework: Framework for allocating tax liabilities and benefits
5. Forms and Notices: Standard forms for notices, calculations and other communications
6. Worked Examples: Examples of calculations and allocations in various scenarios
7. Compliance Calendar: Key dates and deadlines for tax-related obligations
Authors
Financial Services
Banking
Insurance
Mining and Resources
Retail
Manufacturing
Professional Services
Real Estate and Property
Technology
Telecommunications
Healthcare
Energy and Utilities
Finance
Tax
Legal
Treasury
Compliance
Risk Management
Corporate Governance
Accounting
Company Secretariat
Chief Financial Officer
Tax Director
Financial Controller
Group Accountant
Tax Manager
Corporate Lawyer
Legal Counsel
Company Secretary
Finance Manager
Treasury Manager
Tax Accountant
Compliance Officer
Risk Manager
Group Financial Controller
Head of Tax
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