Transfer Pricing Agreement Template for Malaysia

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Key Requirements PROMPT example:

Transfer Pricing Agreement

"I need a Transfer Pricing Agreement for my Malaysian technology company's software development services provided to our parent company in Singapore, with implementation planned for January 2025, focusing on cost-plus methodology and including specific provisions for intellectual property rights."

Document background
The Transfer Pricing Agreement is essential for multinational companies operating in Malaysia to document and regulate their intercompany pricing arrangements. This document is required when related entities engage in cross-border or domestic transactions involving goods, services, intellectual property, or financing arrangements. It ensures compliance with Malaysian transfer pricing regulations, particularly the Income Tax Act 1967 and Transfer Pricing Rules 2012, while also adhering to international standards such as OECD guidelines. The agreement becomes necessary when companies need to demonstrate to Malaysian tax authorities that their related party transactions are conducted at arm's length prices, helping prevent tax adjustments and penalties. It typically includes detailed pricing methodologies, documentation requirements, and compliance procedures specific to the Malaysian regulatory environment.
Suggested Sections

1. Parties: Identification of the related parties entering into the agreement, including their corporate details and relationship

2. Background: Context of the agreement, nature of business relationship, and purpose of the transfer pricing arrangement

3. Definitions: Key terms used throughout the agreement, including technical transfer pricing terminology

4. Scope of Agreement: Details of transactions covered, products/services involved, and territorial scope

5. Transfer Pricing Methodology: Agreed method(s) for determining transfer prices (e.g., CUP, Cost Plus, TNMM)

6. Pricing Terms and Conditions: Specific pricing formulas, calculations, and adjustments

7. Documentation Requirements: Required transfer pricing documentation, records maintenance, and reporting obligations

8. Review and Adjustment Procedures: Processes for periodic review and adjustment of transfer prices

9. Compliance Requirements: Obligations to comply with local and international transfer pricing regulations

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

11. Dispute Resolution: Procedures for resolving disagreements related to transfer pricing

12. Governing Law and Jurisdiction: Application of Malaysian law and jurisdiction

Optional Sections

1. Intellectual Property Rights: Required when IP transfers or licenses are part of the arrangement

2. Cost Sharing Arrangements: Needed when parties share development costs or risks

3. Advance Pricing Arrangement Terms: Include if an APA has been or will be sought from tax authorities

4. Force Majeure: Provisions for extraordinary circumstances affecting pricing arrangements

5. Confidentiality: Special confidentiality provisions beyond standard terms

6. Currency and Exchange Rate Provisions: Required for cross-border transactions with significant currency exposure

7. Customs Valuation Alignment: Needed when transfer pricing impacts customs valuations

8. Business Restructuring Provisions: Required when agreement covers business restructuring activities

Suggested Schedules

1. Schedule A - Covered Transactions: Detailed list and description of all controlled transactions covered by the agreement

2. Schedule B - Pricing Methodology Details: Detailed explanation of pricing calculations, formulas, and benchmarking analysis

3. Schedule C - Documentation Requirements: Specific documentation templates and requirements for compliance

4. Schedule D - Functional Analysis: Analysis of functions performed, risks assumed, and assets employed by each party

5. Schedule E - Comparable Companies: List of comparable companies used in benchmarking study

6. Appendix 1 - Financial Adjustments: Procedures and formulas for making financial adjustments

7. Appendix 2 - Reporting Templates: Standard templates for periodic transfer pricing reports

8. Appendix 3 - Organizational Charts: Corporate structure and relationship between parties

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

Manufacturing

Technology

Pharmaceuticals

Automotive

Consumer Goods

Financial Services

Energy and Resources

Telecommunications

E-commerce

Professional Services

Chemical Industry

Electronics Manufacturing

Relevant Teams

Tax

Finance

Legal

Treasury

International Tax

Transfer Pricing

Compliance

Corporate Finance

Financial Planning and Analysis

Risk Management

International Business

Relevant Roles

Tax Director

Transfer Pricing Manager

Chief Financial Officer

Financial Controller

Tax Manager

International Tax Specialist

Corporate Counsel

Finance Director

Compliance Officer

Group Financial Controller

Head of Tax

Treasury Manager

Tax Compliance Manager

International Business Director

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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