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Intercompany Cost Sharing Agreement

Intercompany Cost Sharing Agreement Template for Netherlands

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Key Requirements PROMPT example:

Intercompany Cost Sharing Agreement

"Need an Intercompany Cost Sharing Agreement to formalize the sharing of IT infrastructure costs between our Dutch parent company and five European subsidiaries, with implementation planned for March 2025 and specific attention to cloud services cost allocation."

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Document background
The Intercompany Cost Sharing Agreement is essential for multinational groups operating in the Netherlands who wish to establish a formal framework for sharing costs among group entities. This document is particularly relevant when multiple group companies benefit from shared services, facilities, or developments, and need a structured approach to allocating the associated costs. The agreement ensures compliance with Dutch transfer pricing regulations, corporate law requirements, and international tax standards. It is commonly used when establishing shared service centers, conducting joint R&D activities, or implementing group-wide systems and processes. The document includes detailed provisions for cost identification, allocation methodologies, and documentation requirements, making it crucial for maintaining tax compliance and operational efficiency within corporate groups operating under Dutch jurisdiction.
Suggested Sections

1. Parties: Identification of the participating group companies, including registration details and addresses

2. Background: Context of the agreement, description of the group structure, and purpose of the cost sharing arrangement

3. Definitions: Definitions of key terms used throughout the agreement, including types of costs, allocation keys, and relevant accounting periods

4. Scope of Cost Sharing: Detailed description of activities and costs covered by the agreement

5. Cost Pool: Definition of shared costs and method of calculating the total cost pool

6. Allocation Method: Methodology for allocating costs among participants, including allocation keys and calculations

7. Payment Terms: Timing and method of payments, including currency, payment schedule, and true-up provisions

8. Accounting and Documentation: Requirements for maintaining records, preparing calculations, and documentation for tax purposes

9. Governance: Decision-making process, responsibilities of parties, and administration of the agreement

10. Term and Termination: Duration of the agreement, renewal provisions, and termination circumstances

11. General Provisions: Standard legal provisions including applicable law, dispute resolution, and amendments

Optional Sections

1. Intellectual Property Rights: Section addressing ownership and licensing of IP when cost sharing includes R&D or technology development

2. Tax Provisions: Specific provisions addressing tax treatment and compliance when operating in multiple jurisdictions

3. Budget and Forecasting: Procedures for annual budgeting and cost forecasting when regular planning is required

4. Entry and Exit Provisions: Procedures for adding or removing group companies from the agreement when group structure changes are anticipated

5. Service Level Requirements: Quality standards and performance metrics when cost sharing includes service provision

6. Markup Provisions: Provisions for applying markups on costs when required by transfer pricing regulations

Suggested Schedules

1. Schedule 1 - Participating Entities: List of all participating group companies with their details and participation percentages

2. Schedule 2 - Cost Categories: Detailed breakdown of types of costs included in the cost sharing arrangement

3. Schedule 3 - Allocation Keys: Specific allocation keys and calculations for different types of costs

4. Schedule 4 - Transfer Pricing Methodology: Documentation of transfer pricing approach and compliance with regulations

5. Schedule 5 - Sample Calculations: Examples of cost allocation calculations and true-up adjustments

6. Schedule 6 - Reporting Templates: Standard formats for periodic cost reporting and reconciliation

7. Appendix A - Governance Procedures: Detailed procedures for administration and decision-making

8. Appendix B - Documentation Requirements: Specific requirements for maintaining supporting documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions













































Clauses







































Relevant Industries

Technology

Manufacturing

Financial Services

Professional Services

Pharmaceuticals

Consumer Goods

Energy

Telecommunications

Healthcare

Automotive

Chemical Industry

Real Estate

Relevant Teams

Legal

Finance

Tax

Treasury

Compliance

Shared Services

Corporate Development

Accounting

Financial Planning & Analysis

Risk Management

Relevant Roles

Chief Financial Officer

Head of Tax

Financial Controller

Group Controller

Transfer Pricing Manager

Tax Director

Legal Counsel

General Counsel

Finance Manager

Group Accountant

Corporate Treasury Manager

Compliance Officer

Head of Shared Services

Financial Planning Manager

Corporate Development Director

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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