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Tax Sharing Agreement Template
"I need a Tax Sharing Agreement Template for a mining company with five subsidiaries in Australia, including specific provisions for R&D tax incentives and foreign income tax credits, to be implemented by March 2025."
1. Parties: Identifies the head company and all subsidiary members of the tax consolidated group
2. Background: Sets out the context of the tax consolidated group and purpose of the agreement
3. Definitions and Interpretation: Defines key terms used in the agreement and interpretation rules
4. Tax Funding Arrangements: Details how group members will fund tax payments to the head company
5. Allocation of Group Liability: Specifies the method for calculating each member's share of group tax liability
6. Payment Obligations: Outlines timing and mechanics of payments between group members and head company
7. Default and Remedy: Addresses consequences and remedies for member default on payment obligations
8. Leaving Entities: Procedures and obligations when an entity leaves the consolidated group
9. Records and Information: Requirements for maintaining tax records and information sharing
10. Dispute Resolution: Process for resolving disputes between group members
11. Confidentiality: Obligations regarding confidential information
12. General Provisions: Standard clauses covering amendments, notices, governing law, etc.
1. GST Grouping Provisions: Additional provisions for groups that are also GST grouped - required when the group operates as a GST group
2. Foreign Income Provisions: Special provisions for groups with foreign income - needed when group members have overseas operations
3. Research and Development Credits: Provisions for sharing R&D tax incentives - include when group members conduct eligible R&D activities
4. Clean Energy Provisions: Provisions for clean energy credits and liabilities - relevant for groups in energy or high-emission industries
5. Multiple Entry Consolidated (MEC) Group Provisions: Special provisions for MEC groups - required when the group is structured as a MEC group
6. Transitional Provisions: Provisions handling transition from previous arrangements - needed when replacing existing tax sharing agreements
1. Schedule 1 - Group Members: Current list of all entities in the tax consolidated group with ACN/ABN details
2. Schedule 2 - Allocation Method: Detailed methodology for calculating each member's share of group tax liability
3. Schedule 3 - Contribution Amounts: Formula and procedures for calculating contribution amounts
4. Schedule 4 - Payment Procedures: Detailed procedures for making and receiving payments under the agreement
5. Schedule 5 - Accounting Treatment: Agreed accounting principles and procedures for tax allocations
6. Appendix A - Pro-forma Notices: Template notices for various situations (joining, leaving, payment demands)
7. Appendix B - Deed of Adherence: Template deed for new entities joining the group
Authors
Financial Services
Mining and Resources
Manufacturing
Retail
Technology
Real Estate
Healthcare
Energy
Telecommunications
Professional Services
Construction
Transport and Logistics
Legal
Finance
Tax
Treasury
Compliance
Risk Management
Corporate Governance
Accounting
Company Secretariat
Corporate Development
Chief Financial Officer
Tax Director
Head of Tax
Financial Controller
Group Accountant
Tax Manager
Corporate Lawyer
Legal Counsel
Company Secretary
Finance Director
Tax Accountant
Treasury Manager
Risk Manager
Compliance Officer
Corporate Finance Manager
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