Intercompany Cost Plus Agreement Template for England and Wales

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Key Requirements PROMPT example:

Intercompany Cost Plus Agreement

"Need an Intercompany Cost Plus Agreement for IT support services between our UK parent company and German subsidiary, with a 5% mark-up rate and transfer pricing documentation requirements, to be effective from January 2025."

Document background
The Intercompany Cost Plus Agreement is essential for multinational enterprises operating in England and Wales to document and regulate internal service provisions between group entities. It establishes a clear methodology for calculating costs and determining appropriate mark-ups, ensuring compliance with transfer pricing regulations and tax authorities' requirements. This agreement type is particularly important for demonstrating arm's length pricing in related party transactions and supporting group tax positions.
Suggested Sections

1. Parties: Identification of service provider and recipient entities

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement including cost components, services, and relevant accounting terms

4. Services: Detailed description of services to be provided between the parties

5. Cost Calculation: Methodology for determining base costs and included cost components

6. Mark-up: Agreed percentage and calculation method for the cost-plus arrangement

7. Payment Terms: Billing frequency, payment arrangements, and currency provisions

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

Optional Sections

1. Service Levels: Performance metrics and standards for service delivery

2. Intellectual Property: IP rights and protections between group companies

3. Data Protection: GDPR and data handling requirements between parties

4. Force Majeure: Provisions for unforeseen circumstances affecting service delivery

Suggested Schedules

1. Schedule 1 - Service Description: Detailed breakdown of services and deliverables

2. Schedule 2 - Cost Calculation Methodology: Detailed explanation of cost components and calculations

3. Schedule 3 - Transfer Pricing Documentation: Supporting analysis for chosen mark-up rate

4. Schedule 4 - Service Level Agreement: Detailed performance metrics and measurements

5. Schedule 5 - Governance Framework: Management structure and escalation procedures

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 Industries
Relevant Teams
Relevant Roles
Industries

Transfer Pricing Legislation: TIOPA 2010 and OECD Transfer Pricing Guidelines governing intercompany pricing arrangements and documentation requirements

Corporation Tax Act 2009: UK legislation governing corporate taxation aspects of intercompany transactions

Value Added Tax Act 1994: Regulations concerning VAT treatment of intercompany transactions and services

Companies Act 2006: Primary legislation governing company operations, particularly related party transactions and directors' duties

Competition Act 1998: Legislation ensuring intercompany arrangements do not violate competition law principles

Enterprise Act 2002: Framework for market regulation and competition law enforcement

Contracts Rights of Third Parties Act 1999: Legislation governing third party rights in contractual arrangements

UK GDPR: Data protection requirements for handling personal data in intercompany arrangements

Data Protection Act 2018: UK's implementation of data protection requirements and supplements to GDPR

IAS 24: International Accounting Standard for Related Party Disclosures

Double Tax Treaties: International agreements preventing double taxation between jurisdictions

UK GAAP: Generally Accepted Accounting Principles for financial reporting in the UK

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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