Cost Allocation Agreement Template for Singapore

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Key Requirements PROMPT example:

Cost Allocation Agreement

"Need a Cost Allocation Agreement for our Singapore-based tech company to allocate shared IT infrastructure costs among five subsidiaries across APAC, with specific provisions for quarterly true-up adjustments starting January 2025."

Document background
Cost Allocation Agreements are essential for multinational companies operating in Singapore to properly document and manage the sharing of costs between related entities. These agreements are particularly important given Singapore's strict transfer pricing regulations and documentation requirements. A Cost Allocation Agreement helps demonstrate compliance with the arm's length principle, provides clarity on cost sharing arrangements, and supports tax positions taken by the group. It typically includes detailed methodologies for cost identification, allocation bases, and true-up mechanisms, while ensuring alignment with IRAS guidelines and international transfer pricing principles.
Suggested Sections

1. Parties: Identification and details of all participating entities

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

3. Definitions: Key terms used throughout the agreement

4. Cost Allocation Methodology: Detailed explanation of how costs will be identified and allocated

5. Payment Terms: Timeline and method of payments between parties

6. Record Keeping: Requirements for maintaining documentation and records

7. Compliance with Laws: Obligations to comply with relevant tax and regulatory requirements

8. Governing Law: Specification of Singapore law as governing law

Optional Sections

1. True-up Provisions: Procedures for adjusting costs based on actual vs. estimated amounts - use when agreement involves estimated costs throughout the year

2. Dispute Resolution: Process for resolving disagreements about cost allocation - recommended for complex arrangements with multiple parties

3. Term and Termination: Duration and termination provisions - important for long-term arrangements

4. Force Majeure: Provisions for unforeseen circumstances affecting cost allocation - recommended for long-term agreements

Suggested Schedules

1. Schedule 1 - Cost Allocation Formula: Detailed mathematical formula and examples of cost allocation calculations

2. Schedule 2 - Service Categories: List of services and activities covered by the agreement

3. Schedule 3 - Allocation Keys: Specific metrics used for allocating different types of costs

4. Schedule 4 - Transfer Pricing Documentation: Supporting documentation for arm's length nature of arrangements

5. Schedule 5 - Compliance Documentation: Required documentation to meet IRAS and other regulatory requirements

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

Industries

Income Tax Act (Cap. 134): Primary legislation governing taxation in Singapore, which includes provisions for transfer pricing and related party transactions

Companies Act (Cap. 50): Key legislation governing corporate entities in Singapore, including requirements for corporate governance and directors' duties relevant to inter-company agreements

Goods and Services Tax Act (Cap. 117A): Legislation governing GST implications, particularly relevant for cross-border cost allocation arrangements

IRAS Transfer Pricing Guidelines: Regulatory guidelines from Singapore's tax authority on transfer pricing requirements and documentation

IRAS Cost Pooling Arrangements Guide: Specific guidance from IRAS on how to structure and document cost pooling arrangements between related entities

IRAS e-Tax Guide on Related Party Transactions: Detailed guidance on the tax treatment and documentation requirements for related party transactions

OECD Transfer Pricing Guidelines: International guidelines that Singapore generally follows for transfer pricing principles and methodologies

BEPS Action Plan 13: International standard for transfer pricing documentation and country-by-country reporting

Contract Act (Cap. 53): Singapore legislation governing contract formation, validity, and enforcement principles

Transfer Pricing Documentation Requirements: Specific documentation requirements under Singapore law for maintaining contemporaneous transfer pricing documentation

Arm's Length Principle: Fundamental principle requiring related party transactions to be conducted at market rates as if between independent parties

Corporate Governance Requirements: Rules and principles governing how companies should be directed and controlled, including related party transactions

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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