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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."
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
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
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
Adjustment Event
Allocation Percentage
Assessment
Business Day
Calculation Date
Contribution Amount
Default Rate
Effective Date
Exit Notice
Financial Year
Funding Amount
Group Liability
Head Company
Income Tax
LHDN
Payment Date
Subsidiary Member
Tax Amount
Tax Authority
Tax Benefit
Tax Funding Amount
Tax Loss
Tax Period
Tax Return
Tax Sharing Amount
Tax Statement
Taxable Income
Working Capital
Term
Tax Calculation
Tax Payment
Funding Obligations
Payment Mechanics
Group Member Obligations
Tax Returns
Record Keeping
Information Sharing
Compliance
Representations and Warranties
Confidentiality
Default
Security
Dispute Resolution
Force Majeure
Termination
Exit Provisions
Indemnification
Assignment
Notices
Amendment
Severability
Entire Agreement
Governing Law
Jurisdiction
Financial Services
Manufacturing
Real Estate
Mining and Resources
Technology
Telecommunications
Construction
Healthcare
Retail
Energy
Infrastructure
Logistics
Conglomerates
Professional Services
Legal
Finance
Tax
Treasury
Compliance
Corporate Secretarial
Risk Management
Internal Audit
Corporate Finance
Accounting
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
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