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Tax Sharing Agreement Template for New Zealand

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Key Requirements PROMPT example:

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."

Document background
Tax Sharing Agreements are essential documents for corporate groups operating in New Zealand who wish to manage their tax obligations collectively. These agreements become particularly relevant when multiple related entities want to consolidate their tax positions or share tax benefits and liabilities efficiently. The Tax Sharing Agreement establishes the framework for how group members will allocate tax responsibilities, make payments, and handle tax-related matters in compliance with New Zealand tax legislation. It's commonly used by consolidated groups, holding companies with multiple subsidiaries, and corporate structures seeking to optimize their tax arrangements while maintaining regulatory compliance. The document typically includes detailed provisions for calculating tax allocations, managing payments, handling disputes, and addressing changes in group membership, all within the context of New Zealand's tax and corporate law framework.
Suggested Sections

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.

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Financial Services

Banking

Insurance

Mining and Resources

Retail

Manufacturing

Professional Services

Real Estate and Property

Technology

Telecommunications

Healthcare

Energy and Utilities

Relevant Teams

Finance

Tax

Legal

Treasury

Compliance

Risk Management

Corporate Governance

Accounting

Company Secretariat

Relevant Roles

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

Industries






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

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