A Tax Allocation Agreement is essential for corporate groups operating under the Austrian group taxation regime (Gruppenbesteuerung). This document is required when two or more companies wish to form a tax group, allowing them to consolidate their tax positions and offset profits and losses within the group. The agreement must comply with §9 of the Austrian Corporate Income Tax Act (KStG) and establishes the framework for allocating tax liabilities and benefits, defining payment obligations, and setting administrative procedures. It becomes particularly important in complex corporate structures, cross-border operations, and situations involving multiple subsidiaries. The Tax Allocation Agreement should be implemented before the start of the financial year in which the tax group is to become effective and must be maintained throughout the minimum statutory period of the tax group's existence.
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1. Parties: Identification of the group parent company and all participating group members
2. Background: Context of the agreement, including the intention to form a tax group and reference to relevant Austrian tax regulations
3. Definitions: Definition of key terms used throughout the agreement, including tax-specific terminology
4. Formation of Tax Group: Establishment of the tax group structure and relationship between parties under §9 KStG
5. Term and Termination: Duration of the agreement and conditions for termination or exit from the tax group
6. Tax Allocation Method: Methodology for calculating and allocating tax liabilities and benefits within the group
7. Payment and Settlement: Procedures and timing for inter-company tax payments and settlements
8. Information Rights and Obligations: Requirements for information sharing, record keeping, and tax filing coordination
9. Amendments to Group Structure: Procedures for handling changes in group membership or ownership
10. Representations and Warranties: Basic assurances from all parties regarding their authority and compliance
11. Governing Law and Jurisdiction: Specification of Austrian law application and jurisdiction for disputes
1. Cross-Border Provisions: Required when the group includes international entities or transactions
2. Loss Utilization Rules: Specific provisions for groups with pre-group losses or expected loss-making entities
3. Change of Control Provisions: Required when there's a significant risk of ownership changes in group members
4. Tax Audit Procedures: Detailed procedures for managing tax audits when significant audit activity is expected
5. Transfer Pricing Provisions: Required when significant intra-group transactions occur
6. Exit Compensation: Specific terms for compensation upon group member exit when desired by the parties
1. Group Structure Chart: Diagram showing the legal and ownership structure of the tax group
2. Tax Allocation Methodology: Detailed calculations and examples of tax allocation methods
3. Payment Schedule: Timing and procedures for inter-company tax payments
4. Required Documentation: List of documents required for annual tax filings and compliance
5. Contact Details: Key contacts at each group member responsible for tax matters
6. Power of Attorney: Standard form for tax representation authorizations
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