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Intercompany Agreement Transfer Pricing Template for India

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Key Requirements PROMPT example:

Intercompany Agreement Transfer Pricing

"Need to draft an Intercompany Agreement Transfer Pricing for IT services between our Indian parent company and UK subsidiary, with implementation from January 2025, including specific provisions for software licensing and technical support services."

Document background
The Intercompany Agreement Transfer Pricing template is essential for multinational enterprises and domestic groups operating in India to document and regulate their internal pricing arrangements. This document becomes necessary when related entities within a corporate group engage in transactions involving goods, services, intellectual property, or financial arrangements. It ensures compliance with Indian transfer pricing regulations, which require extensive documentation and demonstration of arm's length pricing. The agreement helps companies meet their statutory obligations under Sections 92-92F of the Income Tax Act, 1961, and provides evidence of proper transfer pricing practices during tax assessments. It is particularly crucial given India's strict transfer pricing regime and significant penalties for non-compliance.
Suggested Sections

1. Parties: Identification of the group companies entering into the agreement

2. Background: Context of the agreement, relationship between parties, and group structure

3. Definitions: Key terms used in the agreement, including technical and financial terms

4. Scope of Services/Transactions: Detailed description of intercompany transactions covered

5. Transfer Pricing Methodology: Agreed method for determining arm's length pricing

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

7. Documentation Requirements: Records to be maintained for transfer pricing compliance

8. Compliance Obligations: Parties' obligations regarding regulatory compliance

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

10. Confidentiality: Protection of sensitive group information

11. Governing Law and Jurisdiction: Application of Indian law and dispute resolution

12. Amendment and Assignment: Procedures for modifying agreement and restriction on assignment

Optional Sections

1. Intellectual Property Rights: Required when services involve IP transfer or usage

2. Performance Metrics: Include when specific service levels need to be maintained

3. Force Majeure: Added for agreements with critical ongoing services

4. Tax Indemnity: Include when specific tax risks need to be allocated

5. Currency Risk Management: Required for cross-border transactions with significant currency exposure

6. Dispute Resolution Process: Detailed procedures when complex disputes are likely

7. Regulatory Approvals: Include when specific regulatory clearances are required

Suggested Schedules

1. Schedule 1 - Service Descriptions: Detailed description of each service or transaction type

2. Schedule 2 - Pricing Schedule: Detailed pricing methodology, calculations, and examples

3. Schedule 3 - Transfer Pricing Study: Supporting analysis demonstrating arm's length nature of pricing

4. Schedule 4 - Service Levels: Performance standards and metrics if applicable

5. Schedule 5 - Allocation Keys: Basis for allocating costs/charges between entities

6. Appendix A - Required Documentation: List of documents to be maintained for compliance

7. Appendix B - Group Structure Chart: Diagram showing relationship between parties

8. Appendix C - Compliance Checklist: Regular compliance requirements and deadlines

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

Manufacturing

Technology

Pharmaceutical

Automotive

Financial Services

Consumer Goods

Professional Services

Energy

Telecommunications

Retail

Healthcare

Industrial Products

Relevant Teams

Finance

Tax

Legal

Compliance

Treasury

Corporate Finance

International Tax

Transfer Pricing

Financial Planning & Analysis

Risk Management

Corporate Accounting

Relevant Roles

Chief Financial Officer

Tax Director

Transfer Pricing Manager

Finance Controller

Legal Counsel

Compliance Officer

International Tax Manager

Group Financial Controller

Treasury Manager

Head of Finance

Tax Compliance Manager

Corporate Finance Manager

Financial Planning Analyst

Group Tax Accountant

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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