Intercompany Agreement Transfer Pricing documents are essential for multinational corporations operating in the United States to establish compliant pricing mechanisms for internal transactions. These agreements are required to demonstrate compliance with U.S. transfer pricing regulations, particularly IRC Section 482, and help prevent tax disputes with the IRS. The agreement defines how related entities price their intercompany transactions, including goods, services, and intellectual property transfers, while maintaining the arm's length principle required by U.S. tax authorities.
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1. Parties: Identification of all group entities involved in intercompany transactions
2. Background: Context of the agreement and group structure explanation
3. Definitions: Key terms including transfer pricing methods, arm's length principle, and relevant accounting terms
4. Scope of Agreement: Description of covered transactions and services
5. Transfer Pricing Methodology: Selected pricing methods and calculation basis
6. Payment Terms: Timing, currency, and method of payments
7. Documentation Requirements: Record-keeping obligations and compliance requirements
8. Term and Termination: Duration and termination provisions
1. Cost Sharing Arrangements: Details of cost allocation methods when shared costs exist between entities
2. Intellectual Property Rights: IP ownership and licensing terms for situations involving IP transfers or licenses
3. Risk Allocation: Distribution of business risks between parties for complex operational arrangements
4. Dispute Resolution: Procedures for resolving pricing disputes in high-value transactions
1. Pricing Schedule: Detailed pricing calculations and methodologies
2. Service Level Agreement: Specific service requirements and standards
3. Documentation Requirements Schedule: Detailed compliance and reporting requirements
4. Benchmark Analysis: Comparable company analysis and market data
5. Cost Allocation Keys: Detailed breakdown of cost allocation methods
6. Group Structure Chart: Visual representation of involved entities
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