Tax Sharing And Funding Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Tax Sharing And Funding Agreement

"I need a Tax Sharing and Funding Agreement for our UAE holding company and its five subsidiaries, addressing the new corporate tax obligations starting January 2025, with specific provisions for quarterly funding mechanisms and intra-group loans."

Document background
The Tax Sharing And Funding Agreement is essential for corporate groups operating in the UAE's evolving tax landscape. It becomes particularly relevant following the introduction of corporate tax and existing VAT requirements, where groups need to establish clear mechanisms for sharing tax liabilities and managing related funding arrangements. This document is typically used when multiple entities within a corporate group need to coordinate their tax obligations, establish funding mechanisms for tax payments, and ensure compliance with UAE tax regulations. The agreement addresses both federal and emirate-level tax considerations, providing a structured approach to managing group tax arrangements while ensuring alignment with UAE tax laws, including Federal Decree-Law No. 47 of 2022 on Corporate Tax and Federal Decree-Law No. 8 of 2017 on VAT. It includes detailed provisions for calculation methodologies, payment mechanisms, and reporting requirements, making it a crucial document for groups managing complex tax arrangements in the UAE.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including tax collecting entities and recipients

2. Background: Context of the agreement, including relevant tax authority arrangements and basis for tax sharing

3. Definitions: Detailed definitions of terms used, including specific tax types, calculation periods, and funding mechanisms

4. Tax Sharing Arrangements: Core provisions detailing how tax revenues will be shared between parties, including calculation methodologies

5. Funding Obligations: Details of funding arrangements, including timing, payment methods, and currency

6. Payment Mechanics: Specific procedures for making payments, including bank account details and payment verification

7. Tax Calculations: Methodology for calculating tax shares and adjustments

8. Record Keeping and Reporting: Requirements for maintaining tax records and reporting obligations

9. Audit Rights: Provisions for auditing tax calculations and payments

10. Representations and Warranties: Standard representations regarding authority, compliance with laws, and tax status

11. Confidentiality: Provisions regarding confidentiality of tax information and agreement terms

12. Term and Termination: Duration of agreement and circumstances for termination

13. Dispute Resolution: Procedures for resolving disputes, compliant with UAE law

14. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction

Optional Sections

1. Group Reorganization Provisions: Optional section dealing with changes in group structure or ownership

2. Specific Emirate Provisions: Additional provisions specific to particular emirates when relevant

3. Foreign Currency Provisions: Specific provisions for handling multiple currencies in calculations and payments

4. Tax Reform Adaptation: Provisions for adapting to future changes in UAE tax laws

5. Transition Provisions: Temporary provisions for transitioning from previous arrangements

6. Inter-company Loan Provisions: Specific provisions for handling related party funding arrangements

7. Force Majeure: Provisions for handling unforeseen circumstances affecting tax collection or sharing

Suggested Schedules

1. Schedule 1 - Tax Calculation Methodology: Detailed methodology for calculating tax shares

2. Schedule 2 - Payment Procedures: Specific procedures and timelines for making payments

3. Schedule 3 - Reporting Templates: Standard templates for tax sharing reports and calculations

4. Schedule 4 - Bank Account Details: Details of designated bank accounts for payments

5. Schedule 5 - Contact Details: Contact information for key personnel and authorized representatives

6. Appendix A - Tax Types Coverage: Detailed list of tax types covered under the agreement

7. Appendix B - Compliance Requirements: Summary of relevant UAE tax compliance requirements

8. Appendix C - Historical Tax Data: Reference data for previous tax sharing arrangements if applicable

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Manufacturing

Real Estate and Construction

Retail and Consumer Goods

Energy and Resources

Healthcare

Technology

Transportation and Logistics

Hospitality and Tourism

Professional Services

Relevant Teams

Finance

Legal

Treasury

Tax

Compliance

Corporate Secretariat

Internal Audit

Accounting

Risk Management

Corporate Development

Relevant Roles

Chief Financial Officer

Tax Director

Head of Treasury

Financial Controller

Group Finance Manager

Tax Manager

Corporate Counsel

Legal Director

Compliance Officer

Group Accountant

Treasury Manager

Senior Tax Analyst

Finance Director

Head of Legal

Company Secretary

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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