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Intercompany Lease Agreement Template for United States

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Key Requirements PROMPT example:

Intercompany Lease Agreement

"Need an Intercompany Lease Agreement for our UK subsidiary to lease warehouse space from our US parent company in Texas, starting March 2025, with specific focus on transfer pricing compliance and quarterly rent adjustments."

Document background
The Intercompany Lease Agreement is essential for organizations with multiple entities seeking to formalize property sharing arrangements within their corporate structure. This document is particularly relevant in the United States where transfer pricing regulations and corporate governance requirements necessitate formal documentation of related-party transactions. The agreement covers crucial aspects including property description, rental terms, maintenance responsibilities, and compliance with IRS Section 482 requirements for arm's length pricing. It's commonly used when one subsidiary owns property that another affiliated entity needs to use, ensuring proper corporate governance and tax compliance.
Suggested Sections

1. Parties: Identification of lessor and lessee entities, including full legal names and addresses

2. Background/Recitals: Context of the lease arrangement and relationship between the companies

3. Definitions: Key terms used throughout the agreement

4. Premises: Detailed description of the leased property/space

5. Term: Duration of lease, commencement date, and termination provisions

6. Rent and Payment Terms: Rental amount, payment schedule, and calculation methodology

7. Use of Premises: Permitted uses and restrictions

8. Maintenance and Repairs: Responsibilities of each party for upkeep

9. Insurance: Required insurance coverage and responsibilities

10. Governing Law: Applicable jurisdiction and dispute resolution

Optional Sections

1. Transfer Pricing Compliance: Details of arm's length pricing methodology when parties are in different tax jurisdictions

2. Utilities and Services: Responsibility for utilities and additional services when premises include shared facilities

3. Subletting and Assignment: Rights to sublet or assign the lease when flexibility in occupancy might be needed

4. Improvements and Alterations: Rights and procedures for making changes to premises when modifications are anticipated

Suggested Schedules

1. Property Description Schedule: Detailed description of premises including floor plans

2. Rent Schedule: Detailed breakdown of rent calculations and escalations

3. Service Level Agreement: Details of any included services or maintenance obligations

4. Transfer Pricing Documentation: Supporting documentation for arm's length pricing

5. Insurance Requirements: Detailed insurance specifications and requirements

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

IRC Section 482: Federal transfer pricing regulations governing intercompany transactions, ensuring they meet the arm's length principle

Federal Tax Laws: Regulations concerning tax treatment of lease payments, depreciation rules, and related party transaction requirements for intercompany leases

State Property Laws: State-specific regulations governing real and personal property, including recording requirements and property rights

State Landlord-Tenant Laws: State-specific laws defining rights and obligations of parties, notice requirements, and maintenance responsibilities in lease agreements

State Corporate Laws: Regulations governing corporate authority, related party transactions, and corporate governance requirements for intercompany agreements

Uniform Commercial Code (UCC): Standardized regulations for commercial transactions, particularly relevant for personal property leases and security interest provisions

ASC 842: Accounting Standards Codification for lease accounting and related party disclosure requirements

Sarbanes-Oxley Act: Federal law establishing internal control and financial reporting requirements for public companies, affecting related party transactions

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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