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Intercompany Cost Sharing Agreement
"Need an Intercompany Cost Sharing Agreement to formalize the sharing of IT infrastructure costs between our Dutch parent company and five European subsidiaries, with implementation planned for March 2025 and specific attention to cloud services cost allocation."
1. Parties: Identification of the participating group companies, including registration details and addresses
2. Background: Context of the agreement, description of the group structure, and purpose of the cost sharing arrangement
3. Definitions: Definitions of key terms used throughout the agreement, including types of costs, allocation keys, and relevant accounting periods
4. Scope of Cost Sharing: Detailed description of activities and costs covered by the agreement
5. Cost Pool: Definition of shared costs and method of calculating the total cost pool
6. Allocation Method: Methodology for allocating costs among participants, including allocation keys and calculations
7. Payment Terms: Timing and method of payments, including currency, payment schedule, and true-up provisions
8. Accounting and Documentation: Requirements for maintaining records, preparing calculations, and documentation for tax purposes
9. Governance: Decision-making process, responsibilities of parties, and administration of the agreement
10. Term and Termination: Duration of the agreement, renewal provisions, and termination circumstances
11. General Provisions: Standard legal provisions including applicable law, dispute resolution, and amendments
1. Intellectual Property Rights: Section addressing ownership and licensing of IP when cost sharing includes R&D or technology development
2. Tax Provisions: Specific provisions addressing tax treatment and compliance when operating in multiple jurisdictions
3. Budget and Forecasting: Procedures for annual budgeting and cost forecasting when regular planning is required
4. Entry and Exit Provisions: Procedures for adding or removing group companies from the agreement when group structure changes are anticipated
5. Service Level Requirements: Quality standards and performance metrics when cost sharing includes service provision
6. Markup Provisions: Provisions for applying markups on costs when required by transfer pricing regulations
1. Schedule 1 - Participating Entities: List of all participating group companies with their details and participation percentages
2. Schedule 2 - Cost Categories: Detailed breakdown of types of costs included in the cost sharing arrangement
3. Schedule 3 - Allocation Keys: Specific allocation keys and calculations for different types of costs
4. Schedule 4 - Transfer Pricing Methodology: Documentation of transfer pricing approach and compliance with regulations
5. Schedule 5 - Sample Calculations: Examples of cost allocation calculations and true-up adjustments
6. Schedule 6 - Reporting Templates: Standard formats for periodic cost reporting and reconciliation
7. Appendix A - Governance Procedures: Detailed procedures for administration and decision-making
8. Appendix B - Documentation Requirements: Specific requirements for maintaining supporting documentation
Authors
Affiliate
Allocation Key
Allocation Percentage
Annual Budget
Applicable Law
Business Day
Cost Pool
Cost Sharing Payments
Direct Costs
Effective Date
Financial Year
Group
Indirect Costs
Initial Term
Intellectual Property Rights
Markup
Parent Company
Participating Entity
Quarter
Shared Costs
Shared Services
Subsidiary
Term
Territory
Transfer Pricing Documentation
True-up Adjustment
Working Capital
Service Provider
Service Recipient
Excluded Costs
Calculation Period
Confidential Information
Control
Cost Base
Documentation Requirements
Force Majeure Event
Governmental Authority
Operating Expenses
Payment Date
Records
Renewal Period
Termination Date
Third Party Costs
Total Costs
Definitions
Duration and Term
Scope of Agreement
Cost Pool Definition
Cost Allocation
Payment Terms
True-up Adjustments
Documentation Requirements
Record Keeping
Transfer Pricing Compliance
Tax Compliance
Confidentiality
Intellectual Property
Governance
Decision Making
Reporting Requirements
Audit Rights
Entry and Exit
Force Majeure
Assignment
Amendment
Termination
Dispute Resolution
Applicable Law
Severability
Entire Agreement
Notices
Warranties
Liability
Indemnification
Budget and Planning
Service Levels
Performance Standards
Representatives
Cost Reconciliation
Currency and Exchange Rates
Markup Provisions
Group Changes
Technology
Manufacturing
Financial Services
Professional Services
Pharmaceuticals
Consumer Goods
Energy
Telecommunications
Healthcare
Automotive
Chemical Industry
Real Estate
Legal
Finance
Tax
Treasury
Compliance
Shared Services
Corporate Development
Accounting
Financial Planning & Analysis
Risk Management
Chief Financial Officer
Head of Tax
Financial Controller
Group Controller
Transfer Pricing Manager
Tax Director
Legal Counsel
General Counsel
Finance Manager
Group Accountant
Corporate Treasury Manager
Compliance Officer
Head of Shared Services
Financial Planning Manager
Corporate Development Director
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