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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."
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
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
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
Financial Services
Banking
Insurance
Real Estate
Manufacturing
Retail
Technology
Telecommunications
Professional Services
Healthcare
Construction
Mining and Resources
Transportation and Logistics
Finance
Legal
Tax
Treasury
Compliance
Corporate Governance
Accounting
Internal Audit
Corporate Finance
Risk Management
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
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