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Tax Sharing Agreement

Tax Sharing Agreement Template for Netherlands

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Key Requirements PROMPT example:

Tax Sharing Agreement

"Need a Tax Sharing Agreement for our Dutch parent company and five local subsidiaries, to be implemented by March 2025, that includes specific provisions for our real estate development activities and allocation of property-related tax benefits."

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Document background
This Tax Sharing Agreement is essential for corporate groups operating in the Netherlands who wish to establish a clear and legally compliant framework for managing their collective tax obligations. The document becomes particularly relevant when multiple group entities are part of a fiscal unity for Dutch tax purposes or when groups need to efficiently allocate tax liabilities and benefits among members. It addresses requirements under Dutch tax law, including the Wet op de vennootschapsbelasting 1969 and related tax regulations, while providing mechanisms for tax calculations, payments, and dispute resolution. The agreement is crucial for groups seeking to optimize their tax position while maintaining compliance with Dutch tax authorities' requirements and corporate governance standards.
Suggested Sections

1. Parties: Identification of all participating group entities, including the head company and subsidiary members

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

3. Definitions: Detailed definitions of technical terms, including 'Group Tax Liability', 'Individual Tax Liability', 'Tax Benefit', etc.

4. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

5. Tax Sharing Principles: Core principles governing how tax liabilities and benefits will be shared among group members

6. Calculation of Tax Contributions: Methodology for calculating each member's contribution to the group's tax liability

7. Payment Terms: Timing and procedures for making tax-related payments between group members

8. Record Keeping and Information Sharing: Obligations regarding maintenance and sharing of tax-related records and information

9. Dispute Resolution: Procedures for resolving disagreements about tax calculations or payments

10. Confidentiality: Provisions regarding the confidentiality of tax information and arrangements

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

Optional Sections

1. International Tax Provisions: Required when group includes international entities, addressing cross-border tax implications

2. Tax Attributes Sharing: Needed when specific tax attributes (losses, credits, etc.) are being shared among group members

3. Exit Provisions: Detailed procedures for when a member leaves the group, including tax settlement arrangements

4. Special Indemnities: Additional indemnification provisions for specific tax risks or historical tax matters

5. Transfer Pricing Adjustments: Required when significant intercompany transactions exist that may affect tax calculations

6. Tax Audit Procedures: Specific procedures for managing tax audits and investigations

7. Fiscal Unity Provisions: Required when the agreement relates to a Dutch fiscal unity arrangement

Suggested Schedules

1. Schedule 1 - Group Structure Chart: Detailed diagram showing the corporate structure of the group and tax relationships

2. Schedule 2 - Calculation Methodology: Detailed formulas and examples for calculating tax contributions

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

4. Schedule 4 - Tax Allocation Rules: Detailed rules for allocating various types of tax items among group members

5. Schedule 5 - Required Notifications: List of events requiring notification between parties and to tax authorities

6. Appendix A - Pro Forma Tax Returns: Templates and examples of required tax calculations and returns

7. Appendix B - Contact Details: List of key contacts for tax matters within each group entity

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
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Relevant Industries

Financial Services

Manufacturing

Technology

Retail

Energy

Real Estate

Professional Services

Healthcare

Telecommunications

Transportation and Logistics

Construction

Mining and Natural Resources

Relevant Teams

Tax

Finance

Legal

Treasury

Compliance

Corporate Governance

Financial Planning and Analysis

International Tax

Group Reporting

Risk Management

Relevant Roles

Chief Financial Officer

Tax Director

Head of Tax

Financial Controller

Group Treasurer

Tax Manager

Senior Tax Accountant

Corporate Counsel

Legal Director

Finance Director

Compliance Officer

Group Financial Controller

Tax Compliance Manager

International Tax Specialist

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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