The Intercompany Cost Plus Agreement is essential for multinational enterprises operating in England and Wales to document and regulate internal service provisions between group entities. It establishes a clear methodology for calculating costs and determining appropriate mark-ups, ensuring compliance with transfer pricing regulations and tax authorities' requirements. This agreement type is particularly important for demonstrating arm's length pricing in related party transactions and supporting group tax positions.
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1. Parties: Identification of service provider and recipient entities
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement including cost components, services, and relevant accounting terms
4. Services: Detailed description of services to be provided between the parties
5. Cost Calculation: Methodology for determining base costs and included cost components
6. Mark-up: Agreed percentage and calculation method for the cost-plus arrangement
7. Payment Terms: Billing frequency, payment arrangements, and currency provisions
8. Term and Termination: Duration of agreement and circumstances for termination
1. Service Levels: Performance metrics and standards for service delivery
2. Intellectual Property: IP rights and protections between group companies
3. Data Protection: GDPR and data handling requirements between parties
4. Force Majeure: Provisions for unforeseen circumstances affecting service delivery
1. Schedule 1 - Service Description: Detailed breakdown of services and deliverables
2. Schedule 2 - Cost Calculation Methodology: Detailed explanation of cost components and calculations
3. Schedule 3 - Transfer Pricing Documentation: Supporting analysis for chosen mark-up rate
4. Schedule 4 - Service Level Agreement: Detailed performance metrics and measurements
5. Schedule 5 - Governance Framework: Management structure and escalation procedures
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