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Tax Sharing Agreement Template for Australia

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Key Requirements PROMPT example:

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."

Document background
The Tax Sharing Agreement Template is designed for Australian corporate groups operating under the tax consolidation regime, which allows them to be treated as a single entity for income tax purposes. This document becomes essential when a corporate group elects to consolidate for tax purposes, as it provides the legal framework for allocating tax liabilities among group members. The template ensures compliance with Australian taxation laws and ATO requirements, protecting subsidiary members from joint and several liability for group tax obligations. It includes comprehensive provisions for calculation methodologies, payment arrangements, and member obligations, addressing both current and future needs of the consolidated group. The Tax Sharing Agreement Template is particularly crucial for corporate restructures, acquisitions, or when establishing new consolidated groups, as it provides clarity and certainty in tax liability allocation.
Suggested Sections

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.

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

















































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Relevant Industries

Financial Services

Mining and Resources

Manufacturing

Retail

Technology

Real Estate

Healthcare

Energy

Telecommunications

Professional Services

Construction

Transport and Logistics

Relevant Teams

Legal

Finance

Tax

Treasury

Compliance

Risk Management

Corporate Governance

Accounting

Company Secretariat

Corporate Development

Relevant Roles

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

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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