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Tax Agreement
I need a tax agreement between two parties outlining the terms for sharing tax liabilities and benefits for a joint venture, including provisions for compliance with Australian tax laws, dispute resolution mechanisms, and a clear delineation of responsibilities for tax filings and payments.
What is a Tax Agreement?
A Tax Agreement sets out binding terms between taxpayers and the Australian Taxation Office (ATO) about how specific tax matters will be handled. These agreements help resolve complex tax situations, clarify obligations, and provide certainty for both parties about future tax treatment.
Common examples include Advanced Pricing Arrangements for international businesses, Payment Plans for managing tax debts, and Private Rulings that lock in how the ATO will treat particular transactions. These agreements can protect taxpayers from penalties and interest while giving the ATO clear oversight of tax arrangements.
When should you use a Tax Agreement?
Consider a Tax Agreement when planning complex transactions, expanding internationally, or facing uncertainty about tax treatment of specific business activities. This formal arrangement with the ATO becomes especially valuable for transfer pricing between related companies, managing significant tax debts, or structuring innovative financial arrangements.
The agreement proves essential when your business needs clear guidance on tax positions, particularly for transactions without clear precedent in Australian tax law. It's also crucial when seeking to lock in favorable tax treatment for long-term projects or when restructuring operations across multiple tax jurisdictions.
What are the different types of Tax Agreement?
- Transfer Pricing Agreement: Sets pricing rules for transactions between related companies, ensuring compliance with ATO guidelines
- Tax Preparer Engagement Letter: Outlines the scope and terms of professional tax preparation services
- Tax Preparer Confidentiality Agreement: Protects sensitive financial information shared during tax preparation
- Fuel Tax Agreement: Addresses fuel tax credits and obligations for transport and machinery operators
- Joint Development Agreement Income Tax: Establishes tax treatment for collaborative business ventures
Who should typically use a Tax Agreement?
- Australian Taxation Office (ATO): Reviews, approves, and enforces Tax Agreements, setting parameters for compliance and providing rulings
- Business Owners: Initiate agreements for tax certainty, especially during major transactions or international expansions
- Tax Practitioners: Draft agreements, provide professional advice, and help negotiate terms with the ATO
- Corporate Finance Teams: Implement and monitor compliance with agreement terms, managing documentation and reporting
- Legal Counsel: Review agreement terms, ensure legal compliance, and protect client interests during negotiations
How do you write a Tax Agreement?
- Business Details: Gather complete legal entity names, ABNs, and contact information for all parties involved
- Transaction Scope: Document the specific tax matters, transactions, or arrangements the agreement will cover
- Financial Records: Compile relevant financial statements, tax returns, and supporting documentation
- Time Frames: Define key dates, reporting periods, and duration of the agreement
- Compliance Requirements: List applicable ATO regulations and reporting obligations
- Draft Generation: Use our platform to create a customised, legally-sound Tax Agreement that includes all mandatory elements
What should be included in a Tax Agreement?
- Party Details: Full legal names, ABNs, registered addresses, and authorised representatives
- Agreement Scope: Clear description of covered tax matters, transactions, or arrangements
- Tax Obligations: Specific tax treatments, payment terms, and reporting requirements
- Compliance Terms: ATO regulations, record-keeping requirements, and audit provisions
- Duration and Review: Agreement timeframes, renewal options, and amendment procedures
- Governing Law: Explicit reference to Australian tax legislation and jurisdiction
- Dispute Resolution: Clear procedures for handling disagreements and appeals
What's the difference between a Tax Agreement and an Advisory Agreement?
While Tax Agreements focus on specific tax arrangements with the ATO, an Advisory Agreement covers broader financial and business advice services. Understanding these differences helps you choose the right document for your situation.
- Scope and Purpose: Tax Agreements specifically deal with tax treatment, obligations, and compliance matters, while Advisory Agreements cover general business advice, strategy, and consulting services
- Regulatory Framework: Tax Agreements must align with ATO requirements and tax legislation, whereas Advisory Agreements follow general contract law and professional services regulations
- Parties Involved: Tax Agreements are between taxpayers and the ATO, while Advisory Agreements typically involve a business advisor and their client
- Binding Effect: Tax Agreements create specific tax obligations and treatments, while Advisory Agreements establish service delivery and fee arrangements
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