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Intercompany Agreement Transfer Pricing
"Need to draft an Intercompany Agreement Transfer Pricing for IT services between our Indian parent company and UK subsidiary, with implementation from January 2025, including specific provisions for software licensing and technical support services."
1. Parties: Identification of the group companies entering into the agreement
2. Background: Context of the agreement, relationship between parties, and group structure
3. Definitions: Key terms used in the agreement, including technical and financial terms
4. Scope of Services/Transactions: Detailed description of intercompany transactions covered
5. Transfer Pricing Methodology: Agreed method for determining arm's length pricing
6. Payment Terms: Timing, currency, and method of payments
7. Documentation Requirements: Records to be maintained for transfer pricing compliance
8. Compliance Obligations: Parties' obligations regarding regulatory compliance
9. Term and Termination: Duration of agreement and termination provisions
10. Confidentiality: Protection of sensitive group information
11. Governing Law and Jurisdiction: Application of Indian law and dispute resolution
12. Amendment and Assignment: Procedures for modifying agreement and restriction on assignment
1. Intellectual Property Rights: Required when services involve IP transfer or usage
2. Performance Metrics: Include when specific service levels need to be maintained
3. Force Majeure: Added for agreements with critical ongoing services
4. Tax Indemnity: Include when specific tax risks need to be allocated
5. Currency Risk Management: Required for cross-border transactions with significant currency exposure
6. Dispute Resolution Process: Detailed procedures when complex disputes are likely
7. Regulatory Approvals: Include when specific regulatory clearances are required
1. Schedule 1 - Service Descriptions: Detailed description of each service or transaction type
2. Schedule 2 - Pricing Schedule: Detailed pricing methodology, calculations, and examples
3. Schedule 3 - Transfer Pricing Study: Supporting analysis demonstrating arm's length nature of pricing
4. Schedule 4 - Service Levels: Performance standards and metrics if applicable
5. Schedule 5 - Allocation Keys: Basis for allocating costs/charges between entities
6. Appendix A - Required Documentation: List of documents to be maintained for compliance
7. Appendix B - Group Structure Chart: Diagram showing relationship between parties
8. Appendix C - Compliance Checklist: Regular compliance requirements and deadlines
Authors
Associated Enterprise
Comparable Uncontrolled Price
Cost Plus Method
Transfer Pricing Study
Related Party Transaction
International Transaction
Specified Domestic Transaction
Documentation Requirements
Transfer Pricing Officer
Resale Price Method
Profit Level Indicator
Tested Party
Comparable Company
Operating Margin
Berry Ratio
Services
Group
Parent Company
Subsidiary
Financial Year
Effective Date
Compliance Period
OECD Guidelines
Functional Analysis
Business Day
Material Change
Benchmark Analysis
Economic Analysis
Cost Base
Mark-up
Service Fee
Supporting Documentation
Shared Services
Intellectual Property Rights
Tax Year
Assessment Year
Accountable Person
Competent Authority
Safe Harbor Rules
Transfer Pricing Method
Comparable Adjustments
Range
Median
Controlled Transaction
Working Capital Adjustment
Reference Period
Services Description
Transfer Pricing Methodology
Documentation Requirements
Payment Terms
Pricing Review
Compliance Obligations
Record Keeping
Audit Rights
Confidentiality
Term and Termination
Representations and Warranties
Performance Standards
Intellectual Property
Force Majeure
Dispute Resolution
Governing Law
Amendment
Assignment
Notices
Severability
Entire Agreement
Tax Compliance
Currency and Exchange
Regulatory Compliance
Cost Allocation
Service Levels
Quality Standards
Reporting Requirements
Information Exchange
Risk Allocation
Indemnification
Manufacturing
Technology
Pharmaceutical
Automotive
Financial Services
Consumer Goods
Professional Services
Energy
Telecommunications
Retail
Healthcare
Industrial Products
Finance
Tax
Legal
Compliance
Treasury
Corporate Finance
International Tax
Transfer Pricing
Financial Planning & Analysis
Risk Management
Corporate Accounting
Chief Financial Officer
Tax Director
Transfer Pricing Manager
Finance Controller
Legal Counsel
Compliance Officer
International Tax Manager
Group Financial Controller
Treasury Manager
Head of Finance
Tax Compliance Manager
Corporate Finance Manager
Financial Planning Analyst
Group Tax Accountant
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