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Intercompany Recharge Agreement Template for Singapore

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Key Requirements PROMPT example:

Intercompany Recharge Agreement

"Need an Intercompany Recharge Agreement between our Singapore holding company and its UK subsidiary for IT services and shared personnel costs, with specific focus on transfer pricing compliance and quarterly payment terms, to be effective from January 2025."

Document background
Intercompany Recharge Agreements are essential documents for multinational corporations and group companies operating in Singapore, used to formalize and document internal cost-sharing arrangements. These agreements are particularly important for transfer pricing compliance and tax purposes, ensuring that intercompany transactions are conducted at arm's length. The agreement covers various aspects including service definitions, pricing methodologies, payment terms, and governance structures, while adhering to Singapore's strict regulatory framework and international best practices.
Suggested Sections

1. Parties: Identification of the participating group companies and their details

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

3. Definitions: Key terms used throughout the agreement including service categories, cost types, and allocation methods

4. Scope of Services: Detailed description of services/costs being recharged between group entities

5. Calculation Method: Methodology for calculating recharges, including allocation keys and markup principles

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

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

8. Compliance: Obligations regarding tax compliance, transfer pricing regulations, and documentation requirements

Optional Sections

1. Employee Secondment: Terms and conditions for employee transfers between group entities, including cost allocation methods

2. Intellectual Property: Provisions regarding IP rights and usage terms between group entities

3. Data Protection: Terms for handling personal data in compliance with Singapore's PDPA

4. Force Majeure: Provisions for circumstances beyond reasonable control affecting service delivery

Suggested Schedules

1. Schedule 1 - Service Description: Detailed description of services being recharged between group entities

2. Schedule 2 - Pricing Schedule: Detailed pricing methodology, cost allocation keys, and markup rates

3. Schedule 3 - Key Personnel: List of key personnel involved in service delivery and their roles

4. Schedule 4 - Transfer Pricing Documentation: Required documentation for transfer pricing compliance under Singapore law

5. Schedule 5 - Service Levels: Performance metrics and service level requirements if applicable

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

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Industries

Income Tax Act of Singapore: Primary legislation governing income taxation, including corporate tax provisions and transfer pricing requirements under Section 34D

Goods and Services Tax Act: Legislation governing indirect taxation on the supply of goods and services in Singapore, relevant for intercompany transactions

Transfer Pricing Guidelines: IRAS guidelines specifying requirements for related party transactions and arm's length pricing principles

Companies Act of Singapore: Primary legislation governing corporate entities, including requirements for related party transactions and corporate governance

Financial Reporting Standards (FRS): Singapore's accounting standards that govern financial reporting of intercompany transactions

Contract Law (Chapter 2): Singapore's contract law governing formation and enforcement of contractual agreements

Electronic Transactions Act: Legislation governing electronic contracts and digital signatures in Singapore

Employment Act: Core labor law relevant if the recharge agreement involves employee secondment or labor-related costs

Work Pass Regulations: Regulations governing foreign employment and work permits in Singapore

Central Provident Fund Act: Legislation governing mandatory social security savings system, relevant for employee-related recharges

Personal Data Protection Act 2012: Law governing the collection, use, and disclosure of personal data, applicable if personal information is involved in the recharge

Currency Act: Legislation governing currency matters and foreign exchange transactions in Singapore

MAS Regulations: Monetary Authority of Singapore regulations governing financial transactions and currency controls

Double Tax Agreements: International tax treaties between Singapore and other countries to prevent double taxation in cross-border transactions

BEPS Guidelines: OECD Base Erosion and Profit Shifting guidelines affecting international tax planning and transfer pricing

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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