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Tax Sharing Agreement
"Need a Tax Sharing Agreement for our Dutch parent company and five local subsidiaries, to be implemented by March 2025, that includes specific provisions for our real estate development activities and allocation of property-related tax benefits."
1. Parties: Identification of all participating group entities, including the head company and subsidiary members
2. Background: Context of the agreement, including group structure and purpose of the tax sharing arrangement
3. Definitions: Detailed definitions of technical terms, including 'Group Tax Liability', 'Individual Tax Liability', 'Tax Benefit', etc.
4. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
5. Tax Sharing Principles: Core principles governing how tax liabilities and benefits will be shared among group members
6. Calculation of Tax Contributions: Methodology for calculating each member's contribution to the group's tax liability
7. Payment Terms: Timing and procedures for making tax-related payments between group members
8. Record Keeping and Information Sharing: Obligations regarding maintenance and sharing of tax-related records and information
9. Dispute Resolution: Procedures for resolving disagreements about tax calculations or payments
10. Confidentiality: Provisions regarding the confidentiality of tax information and arrangements
11. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
1. International Tax Provisions: Required when group includes international entities, addressing cross-border tax implications
2. Tax Attributes Sharing: Needed when specific tax attributes (losses, credits, etc.) are being shared among group members
3. Exit Provisions: Detailed procedures for when a member leaves the group, including tax settlement arrangements
4. Special Indemnities: Additional indemnification provisions for specific tax risks or historical tax matters
5. Transfer Pricing Adjustments: Required when significant intercompany transactions exist that may affect tax calculations
6. Tax Audit Procedures: Specific procedures for managing tax audits and investigations
7. Fiscal Unity Provisions: Required when the agreement relates to a Dutch fiscal unity arrangement
1. Schedule 1 - Group Structure Chart: Detailed diagram showing the corporate structure of the group and tax relationships
2. Schedule 2 - Calculation Methodology: Detailed formulas and examples for calculating tax contributions
3. Schedule 3 - Payment Procedures: Specific procedures and timelines for making tax-related payments
4. Schedule 4 - Tax Allocation Rules: Detailed rules for allocating various types of tax items among group members
5. Schedule 5 - Required Notifications: List of events requiring notification between parties and to tax authorities
6. Appendix A - Pro Forma Tax Returns: Templates and examples of required tax calculations and returns
7. Appendix B - Contact Details: List of key contacts for tax matters within each group entity
Authors
Actual Tax Liability
Adjustment Event
Allocated Tax Amount
Annual Tax Return
Assessment
Associated Entity
Business Day
Calculation Date
Claim
Commencement Date
Compensating Payment
Corporate Income Tax
Current Year Loss
Dispute
Effective Date
Exit Date
Fiscal Unity
Group
Group Liability
Group Member
Head Company
Individual Tax Liability
Initial Public Offering
Joining Date
Loss Allocation
Member's Tax Contribution
Net Tax Benefit
Notice
Payment Date
Provisional Tax
Quarter
Related Body Corporate
Relevant Tax Amount
Settlement Sum
Subsidiary Member
Tax
Tax Asset
Tax Authority
Tax Benefit
Tax Credit
Tax Effect
Tax Invoice
Tax Law
Tax Loss
Tax Period
Tax Return
Tax Sharing Arrangement
Tax Year
Taxable Income
Transfer Pricing Adjustment
Working Capital Adjustment
Duration
Tax Liability Allocation
Payment Obligations
Tax Returns
Record Keeping
Information Sharing
Confidentiality
Tax Audits
Dispute Resolution
Indemnification
Termination
Amendment
Assignment
Notices
Force Majeure
Severability
Entire Agreement
Group Membership
Tax Benefits
Calculation Methods
Payment Terms
Default
Remedies
Compliance
Representation and Warranties
Governing Law
Jurisdiction
Exit Provisions
Tax Attributes
Transfer Pricing
Administrative Provisions
Fiscal Unity
International Tax Provisions
Audit Rights
Financial Services
Manufacturing
Technology
Retail
Energy
Real Estate
Professional Services
Healthcare
Telecommunications
Transportation and Logistics
Construction
Mining and Natural Resources
Tax
Finance
Legal
Treasury
Compliance
Corporate Governance
Financial Planning and Analysis
International Tax
Group Reporting
Risk Management
Chief Financial Officer
Tax Director
Head of Tax
Financial Controller
Group Treasurer
Tax Manager
Senior Tax Accountant
Corporate Counsel
Legal Director
Finance Director
Compliance Officer
Group Financial Controller
Tax Compliance Manager
International Tax Specialist
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