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.
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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
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
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
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