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Tax Funding Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Tax Funding Agreement

"I need a Tax Funding Agreement for my Hong Kong parent company and its five local subsidiaries in the manufacturing sector, with implementation planned for January 2025, including specific provisions for handling tax losses between group members."

Document background
Tax Funding Agreements are essential instruments for corporate groups operating in Hong Kong, particularly those with multiple subsidiaries or complex organizational structures. These agreements become necessary when a corporate group needs to establish clear mechanisms for managing and funding tax obligations across its various entities. The Tax Funding Agreement specifically addresses how tax liabilities will be calculated, funded, and paid within the group, ensuring compliance with Hong Kong's Inland Revenue Ordinance and related tax regulations. It typically includes provisions for regular tax payments, adjustments, record-keeping, and the handling of tax disputes. The agreement is particularly important for groups seeking to optimize their tax efficiency while maintaining proper corporate governance and regulatory compliance. It serves as a formal framework for managing intra-group tax arrangements and is often required by auditors and tax authorities to demonstrate proper tax management practices.
Suggested Sections

1. Parties: Identification of the head company and participating subsidiary companies in the tax funding arrangement

2. Background: Context of the agreement, including the group structure and purpose of the tax funding arrangement

3. Definitions and Interpretation: Key terms used throughout the agreement, including tax-specific terminology and calculation methods

4. Tax Funding Obligations: Core obligations of each party regarding tax payments, including timing and calculation methods

5. Payment Mechanisms: Procedures for calculating, notifying, and making tax funding payments between parties

6. Records and Information: Requirements for maintaining tax records, sharing information, and ensuring compliance

7. Tax Returns and Compliance: Obligations regarding preparation and filing of tax returns and maintaining tax compliance

8. Default and Remedies: Consequences and remedies for failure to comply with payment or other obligations

9. Termination: Circumstances and procedures for terminating the agreement

10. Confidentiality: Obligations regarding confidential tax and financial information

11. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes

12. General Provisions: Standard contractual provisions including notices, amendments, and severability

Optional Sections

1. Cross-Border Provisions: Additional provisions for groups with international operations or cross-border tax implications

2. Tax Credits and Refunds: Specific arrangements for handling tax credits, refunds, and adjustments

3. Group Member Entry and Exit: Procedures for adding or removing group members from the tax funding arrangement

4. Tax Disputes: Specific procedures for handling tax disputes with authorities

5. Transfer Pricing Adjustments: Provisions for handling transfer pricing adjustments and related tax implications

6. Security and Guarantees: Additional security arrangements for tax funding obligations

Suggested Schedules

1. Schedule 1 - Group Members: List of all participating group members and their relevant details

2. Schedule 2 - Calculation Methodology: Detailed methodology for calculating tax funding payments

3. Schedule 3 - Payment Procedures: Specific procedures and timelines for making tax funding payments

4. Schedule 4 - Reporting Templates: Standard forms and templates for tax-related reporting

5. Schedule 5 - Compliance Calendar: Key dates and deadlines for tax payments and compliance

6. Appendix A - Power of Attorney: Standard form of power of attorney for tax matters

7. Appendix B - Notice Forms: Standard forms for various notices under the agreement

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






























































Clauses

































Relevant Industries

Financial Services

Banking

Insurance

Real Estate

Manufacturing

Retail

Technology

Telecommunications

Professional Services

Healthcare

Construction

Mining and Resources

Transportation and Logistics

Relevant Teams

Finance

Legal

Tax

Treasury

Compliance

Corporate Governance

Accounting

Internal Audit

Corporate Finance

Risk Management

Relevant Roles

Chief Financial Officer

Tax Director

Financial Controller

Group Finance Manager

Corporate Treasurer

Tax Manager

Legal Counsel

Company Secretary

Finance Director

Compliance Officer

Group Accountant

Tax Accountant

Financial Planning Manager

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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