Intercompany Cost Sharing Agreement Template for Singapore

A Singapore-governed Intercompany Cost Sharing Agreement is a legally binding document that establishes the framework for allocating and sharing costs among related entities within a corporate group. It complies with Singapore's transfer pricing regulations and tax laws, particularly adhering to the arm's length principle under Section 34D of the Income Tax Act. The agreement details cost allocation methodologies, payment terms, and documentation requirements while ensuring compliance with IRAS guidelines and international tax principles.

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What is a Intercompany Cost Sharing Agreement?

An Intercompany Cost Sharing Agreement becomes necessary when multiple entities within a corporate group share resources, services, or facilities and need to allocate the associated costs fairly and efficiently. This document, governed by Singapore law, establishes transparent methodologies for cost allocation while ensuring compliance with transfer pricing regulations and tax requirements. It's particularly crucial for multinational corporations operating in Singapore's business environment, where regulatory scrutiny of related-party transactions is increasing. The agreement helps demonstrate to tax authorities that intercompany charges are calculated on an arm's length basis and supports the group's transfer pricing position.

What sections should be included in a Intercompany Cost Sharing Agreement?

1. Parties: Identification of participating group entities, including registration details and addresses

2. Background: Context of the agreement, group structure, and purpose of cost sharing arrangement

3. Definitions: Key terms used throughout the agreement, including Shared Costs, Cost Pool, Allocation Keys

4. Scope of Cost Sharing: Detailed description of services and costs covered under the agreement

5. Cost Allocation Methodology: Specific methods for calculating and allocating costs among participants

6. Payment Terms: Timing, currency, and method of payments between parties

7. Documentation Requirements: Record-keeping obligations and transfer pricing documentation requirements

8. Term and Termination: Duration of agreement and termination provisions

9. Governing Law: Specification of Singapore law as governing law

What sections are optional to include in a Intercompany Cost Sharing Agreement?

1. Intellectual Property Rights: Provisions regarding IP ownership and licensing when shared costs include development of intellectual property

2. Tax Compliance: Specific tax-related obligations and compliance requirements for complex cross-border arrangements

3. Dispute Resolution: Specific procedures for resolving disagreements when standard governing law provisions need enhancement

4. Exit Provisions: Detailed procedures for participant withdrawal in complex group structures

What schedules should be included in a Intercompany Cost Sharing Agreement?

1. Schedule 1: Participating Entities: Complete list of participating group entities and their roles

2. Schedule 2: Cost Pool Components: Detailed breakdown of costs included in the sharing arrangement

3. Schedule 3: Allocation Keys: Specific allocation methodologies and calculations

4. Schedule 4: Service Level Requirements: Performance metrics and service standards if applicable

5. Appendix A: Transfer Pricing Documentation: Templates and requirements for TP documentation

6. Appendix B: Financial Reporting Templates: Standardized formats for cost reporting and reconciliation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Singapore

Publisher

Genie AI

Cost

Free to use

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