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.
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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
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
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
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