The Intercompany Cost Plus Agreement is essential for multinational corporate groups operating in Germany who need to establish compliant and efficient intercompany service arrangements. This document type is particularly relevant when one group entity provides services to another related entity and requires a structured approach to cost allocation and mark-up determination. The agreement ensures compliance with German transfer pricing regulations, tax laws, and documentation requirements while providing a clear framework for calculating service charges. It is commonly used for shared services, management services, technical support, and other intercompany arrangements where services are provided at cost plus an appropriate mark-up. The document includes comprehensive provisions for cost calculation methodologies, service scope definition, documentation requirements, and audit rights, all aligned with German legal requirements and international transfer pricing principles.
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1. Parties: Identification of the service provider and service recipient entities, including full legal names, registration details, and addresses
2. Background: Context of the agreement, relationship between the parties, and purpose of the cost-plus arrangement
3. Definitions: Definitions of key terms including 'Costs', 'Mark-up', 'Services', 'Transfer Pricing', and other relevant terms
4. Scope of Services: Detailed description of services to be provided under the agreement
5. Cost Calculation: Methodology for calculating applicable costs, including direct and indirect cost components
6. Mark-up Determination: Specification of the agreed mark-up percentage and its calculation basis
7. Invoicing and Payment: Terms for invoicing, payment procedures, currency, and payment timelines
8. Documentation Requirements: Requirements for maintaining documentation to comply with German transfer pricing regulations
9. Audit Rights: Rights of parties to audit cost calculations and supporting documentation
10. Term and Termination: Duration of the agreement and conditions for termination
11. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
1. Service Level Requirements: Specific service levels and performance metrics, used when detailed service standards need to be established
2. Intellectual Property Rights: Provisions regarding IP created or used during service provision, included when services involve intellectual property
3. Personnel: Terms regarding personnel providing services, included when specific staff requirements or restrictions apply
4. Confidentiality: Detailed confidentiality provisions, included when sensitive information is involved beyond standard business operations
5. Force Majeure: Provisions for unforeseen circumstances, included when specific risk allocation is needed
6. Transfer Pricing Adjustments: Mechanism for adjusting mark-up rates, included when periodic reviews and adjustments are anticipated
7. Subcontracting: Terms for subcontracting services, included when subcontracting is permitted
1. Schedule 1 - Service Description: Detailed description of all services covered under the agreement
2. Schedule 2 - Cost Components: Detailed list and description of all cost components included in the cost base
3. Schedule 3 - Calculation Methodology: Detailed methodology for cost allocation and mark-up calculation
4. Schedule 4 - Documentation Requirements: Specific documentation requirements and templates for cost reporting
5. Schedule 5 - Key Personnel: List of key personnel involved in service delivery and their roles
6. Appendix A - Transfer Pricing Benchmark Study: Supporting transfer pricing analysis justifying the chosen mark-up rate
7. Appendix B - Service Level Metrics: Detailed performance metrics and measurement methods
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