Tax Sharing Agreement for Malta
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Tax Sharing Agreement
"I need a Tax Sharing Agreement under Maltese law for a parent company and its three local subsidiaries in the financial services sector, to be effective from January 1, 2025, with specific provisions for handling tax credits and consolidated tax returns."
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1. Parties: Identification and details of all parties entering into the tax sharing agreement
2. Background: Context of the agreement, including the group structure and reason for tax sharing arrangement
3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and rules for interpretation
4. Tax Sharing Principles: Core principles governing how tax liabilities and benefits will be shared between parties
5. Calculation of Tax Liabilities: Methodology for calculating individual and group tax liabilities
6. Payment Terms and Mechanisms: Timing and methods for making tax-related payments between parties
7. Record Keeping and Information Sharing: Requirements for maintaining tax records and sharing relevant information
8. Compliance Obligations: Parties' obligations regarding tax compliance and reporting
9. Dispute Resolution: Procedures for resolving disputes related to tax calculations or payments
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction
1. International Tax Provisions: Additional provisions for cross-border tax implications, required when parties operate in multiple jurisdictions
2. VAT Grouping Arrangements: Specific provisions for VAT group registration and administration, needed when parties form a VAT group
3. Tax Audit Procedures: Specific procedures for handling tax audits, recommended for larger group structures
4. Change in Law Provisions: Mechanisms for dealing with changes in tax legislation, important for long-term agreements
5. Data Protection Compliance: Specific GDPR compliance measures for handling tax-related personal data
6. Exit Provisions: Detailed procedures for handling exit of group members, needed for larger corporate groups
7. Tax Credits and Incentives: Provisions for sharing tax credits and incentives, relevant when parties qualify for special tax treatments
1. Schedule 1 - Group Structure Chart: Detailed diagram showing the corporate structure of all participating entities
2. Schedule 2 - Tax Calculation Methodology: Detailed formulas and examples for calculating tax allocations
3. Schedule 3 - Payment Procedures: Specific procedures and timelines for making tax-related payments
4. Schedule 4 - Information Requirements: List of required information and documents for tax calculations
5. Schedule 5 - Excluded Taxes: List of taxes not covered by the sharing arrangement
6. Appendix A - Pro-forma Calculations: Example calculations showing how the tax sharing mechanism works
7. Appendix B - Compliance Calendar: Annual timeline of tax compliance obligations and deadlines
Authors
Allocated Tax Liability
Annual Tax Return
Applicable Law
Assessment
Business Day
Chargeable Income
Commissioner for Revenue
Completion Date
Consolidated Group
Contributing Member
Corporate Tax
Default Interest Rate
Effective Date
Exit Date
Final Tax Position
Fiscal Unity
Foreign Tax Credit
Group Liability
Group Relief
Head Company
Income Tax Act
Individual Liability
Maltese Tax Authority
Member Company
Notice of Assessment
Parent Entity
Payment Date
Principal Company
Provisional Tax
Receiving Entity
Reference Period
Related Entity
Relevant Tax Amount
Settlement Date
Subsidiary Member
Tax Benefit
Tax Credit
Tax Loss
Tax Period
Tax Return
Tax Sharing Payments
Tax Year
Taxable Income
VAT Group
VAT Period
Working Capital Adjustment
Definitions
Tax Calculation
Payment Obligations
Information Sharing
Compliance
Record Keeping
Confidentiality
Tax Audit Cooperation
Dispute Resolution
Force Majeure
Termination
Amendment
Assignment
Notices
Severability
Entire Agreement
Governing Law
Jurisdiction
Group Membership
Tax Benefit Allocation
Indemnification
Representations and Warranties
Exit Mechanisms
Data Protection
Tax Loss Utilization
VAT Grouping
Default and Remedies
Costs and Expenses
Third Party Rights
Financial Services
Banking
Insurance
Investment Services
Gaming and iGaming
Manufacturing
Retail and Distribution
Professional Services
Technology and Software
Real Estate and Property
Maritime and Shipping
Telecommunications
Finance
Legal
Tax
Treasury
Compliance
Risk Management
Corporate Governance
Accounting
Internal Audit
Corporate Affairs
Chief Financial Officer
Tax Director
Financial Controller
Group Finance Manager
Tax Manager
Corporate Lawyer
Legal Counsel
Company Secretary
Finance Director
Compliance Officer
Tax Accountant
Group Treasurer
Financial Planning Manager
Tax Consultant
Risk Manager
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