Tax Sharing And Funding Agreement Template for Malaysia

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Key Requirements PROMPT example:

Tax Sharing And Funding Agreement

"I need a Tax Sharing and Funding Agreement for a Malaysian holding company and its five manufacturing subsidiaries, with the arrangement to commence from January 1, 2025, including specific provisions for quarterly tax payments and working capital adjustments."

Document background
A Tax Sharing and Funding Agreement is essential for corporate groups operating in Malaysia who wish to establish a formal arrangement for sharing tax liabilities and managing associated funding requirements. This document is particularly relevant for consolidated groups, holding companies with multiple subsidiaries, or joint venture arrangements where tax obligations need to be allocated among multiple entities. The agreement addresses key aspects such as tax calculation methodologies, funding commitments, payment mechanisms, and compliance requirements under Malaysian tax law. It is commonly used when groups need to ensure efficient tax management, clear allocation of responsibilities, and proper funding arrangements for tax obligations. The document must comply with Malaysian regulatory requirements, including those set by the Inland Revenue Board of Malaysia (LHDN) and relevant provisions of the Income Tax Act 1967.
Suggested Sections

1. Parties: Identifies and provides details of all parties to the agreement

2. Background: Sets out the context and purpose of the agreement

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. Term and Commencement: Specifies the duration and effective date of the agreement

5. Tax Sharing Arrangement: Details the core tax sharing mechanism, including calculation methods and allocation principles

6. Funding Obligations: Specifies the funding commitments of each party

7. Payment Mechanisms: Establishes the procedures and timing for payments between parties

8. Tax Compliance: Sets out obligations regarding tax compliance and reporting

9. Record Keeping and Audit Rights: Specifies requirements for maintaining records and rights to audit

10. Representations and Warranties: Contains standard and specific warranties from each party

11. Confidentiality: Governs the treatment of confidential information

12. Dispute Resolution: Establishes procedures for resolving disputes

13. Termination: Sets out circumstances and procedures for termination

14. General Provisions: Contains standard boilerplate clauses including notices, amendments, and governing law

Optional Sections

1. Group Member Accession: Include when additional group members may join the arrangement in the future

2. Tax Consolidation Provisions: Include for agreements involving consolidated group tax arrangements

3. International Tax Provisions: Include when the arrangement involves cross-border tax implications

4. GST/VAT Sharing: Include when the arrangement covers indirect tax sharing

5. Security Arrangements: Include when security is required for funding obligations

6. Special Industry Provisions: Include industry-specific tax provisions (e.g., for mining, manufacturing)

7. Force Majeure: Include when parties want specific provisions for unforeseen circumstances

8. Step-In Rights: Include when certain parties need rights to take over obligations in specific circumstances

Suggested Schedules

1. Tax Calculation Methodology: Detailed methodology for calculating tax shares and allocations

2. Payment Procedures: Specific procedures and requirements for making payments

3. Funding Formula: Detailed formula for calculating funding obligations

4. Compliance Calendar: Timeline of tax compliance and reporting obligations

5. Form of Notices: Template forms for various notices required under the agreement

6. Accession Deed: Template deed for new parties joining the arrangement

7. Group Structure Chart: Current corporate structure of participating entities

8. Authority Matrix: Decision-making and approval authorities for various actions

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

Financial Services

Manufacturing

Real Estate

Mining and Resources

Technology

Telecommunications

Construction

Healthcare

Retail

Energy

Infrastructure

Logistics

Conglomerates

Professional Services

Relevant Teams

Legal

Finance

Tax

Treasury

Compliance

Corporate Secretarial

Risk Management

Internal Audit

Corporate Finance

Accounting

Relevant Roles

Chief Financial Officer

Tax Director

Finance Director

Corporate Treasurer

Financial Controller

Tax Manager

Legal Counsel

Company Secretary

Compliance Officer

Group Accountant

Treasury Manager

Corporate Finance Manager

Tax Accountant

Financial Planning Manager

Risk Manager

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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