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Intercompany Cost Plus Agreement
"I need an Intercompany Cost Plus Agreement for my Australian parent company to provide HR and accounting services to our local subsidiary, with a 5% markup on costs and standard monthly payment terms, to commence from January 2025."
1. Parties: Identifies the service provider and service recipient entities
2. Background: Establishes the context of the agreement, relationship between the parties, and general purpose
3. Definitions and Interpretation: Defines key terms including 'Costs', 'Markup', 'Services', and interpretation principles
4. Services: Detailed description of services to be provided by the service provider
5. Cost Calculation: Defines the cost base and which costs are included/excluded
6. Markup Determination: Specifies the agreed markup percentage and methodology
7. Payment Terms: Details on invoicing, payment timing, currency, and payment methods
8. Documentation and Records: Requirements for maintaining proper documentation for transfer pricing purposes
9. Compliance: Obligations regarding tax and regulatory compliance
10. Term and Termination: Duration of agreement and termination provisions
11. Confidentiality: Protection of confidential information exchanged under the agreement
12. General Provisions: Standard boilerplate clauses including governing law, notices, and amendments
1. Service Levels: Include when specific performance standards need to be maintained
2. Intellectual Property: Include when services involve creation or use of intellectual property
3. Dispute Resolution: Include when parties want specific dispute resolution procedures beyond court jurisdiction
4. Force Majeure: Include when parties want specific provisions for handling unforeseen circumstances
5. Tax Gross-Up: Include when withholding tax considerations need to be addressed
6. Audit Rights: Include when regular auditing of costs and markup is required
7. Personnel: Include when specific requirements for service provider's personnel need to be established
1. Schedule 1 - Services Description: Detailed breakdown of services to be provided
2. Schedule 2 - Cost Components: Detailed list of includable and excludable costs
3. Schedule 3 - Markup Calculation Methodology: Detailed explanation of how markup is calculated
4. Schedule 4 - Service Levels: Specific performance metrics and standards if applicable
5. Schedule 5 - Approved Personnel: List of key personnel or roles if applicable
6. Appendix A - Transfer Pricing Documentation Requirements: Documentation requirements for tax compliance
7. Appendix B - Invoice Template: Standard format for invoicing
8. Appendix C - Reporting Templates: Standard formats for regular reporting requirements
Authors
Affiliate
Applicable Law
Arm's Length Principle
Business Day
Commencement Date
Confidential Information
Costs
Direct Costs
Indirect Costs
Excluded Costs
Financial Year
Force Majeure Event
Group
GST
Intellectual Property Rights
Invoice
Markup
Material Breach
Notice
Parent Company
Payment Date
Payment Terms
Personnel
Records
Related Entity
Services
Service Levels
Service Provider
Service Recipient
Subsidiary
Tax
Tax Law
Term
Territory
Transfer Pricing Documentation
Transfer Pricing Laws
Working Papers
Services Provision
Cost Base
Markup
Payment Terms
Invoicing
Documentation Requirements
Transfer Pricing Compliance
Tax Compliance
Record Keeping
Audit Rights
Service Levels
Performance Standards
Confidentiality
Data Protection
Intellectual Property
Personnel
Liability
Force Majeure
Term and Termination
Change Control
Dispute Resolution
Governing Law
Notices
Assignment
Entire Agreement
Severability
Variation
Waiver
Relationship of Parties
GST
Further Assurance
Manufacturing
Professional Services
Technology
Financial Services
Healthcare
Mining and Resources
Retail
Telecommunications
Consumer Goods
Energy
Finance
Legal
Tax
Treasury
Compliance
Shared Services
Corporate Services
Financial Planning & Analysis
Accounting
Risk Management
Chief Financial Officer
Tax Director
Legal Counsel
Finance Manager
Transfer Pricing Manager
Commercial Director
Group Financial Controller
Shared Services Manager
Head of Tax
Compliance Officer
Corporate Controller
Treasury Manager
Financial Planning Manager
Group Accountant
Corporate Services Director
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