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Transfer Pricing Agreement

Transfer Pricing Agreement Template for New Zealand

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Key Requirements PROMPT example:

Transfer Pricing Agreement

"I need a Transfer Pricing Agreement for our New Zealand technology subsidiary that handles software development services for our parent company in Singapore, with specific focus on cost-plus methodology and comprehensive documentation requirements."

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Document background
The Transfer Pricing Agreement is essential for multinational enterprises conducting business in New Zealand through related entities. It is primarily used when companies need to establish clear, documented pricing methodologies for intercompany transactions that comply with New Zealand's transfer pricing regulations and the arm's length principle. The agreement becomes particularly relevant when there are regular, significant transactions between related entities, or when companies seek to proactively manage their transfer pricing risks. This document typically includes detailed pricing methodologies, functional analyses, and compliance procedures aligned with New Zealand's Income Tax Act 2007 and OECD Transfer Pricing Guidelines. It serves as both a practical operational guide and a compliance document, demonstrating to tax authorities that appropriate transfer pricing policies are in place.
Suggested Sections

1. Parties: Identification of all related parties involved in the transfer pricing arrangement, including their legal names, registration numbers, and jurisdictions

2. Background: Context of the agreement, including the business relationship between parties and the nature of controlled transactions

3. Definitions: Detailed definitions of key terms used throughout the agreement, including technical transfer pricing terminology

4. Scope of Agreement: Specific transactions covered by the agreement and the time period for which it applies

5. Transfer Pricing Methodology: Detailed description of the chosen transfer pricing method(s) and how they will be applied

6. Pricing Terms: Specific pricing mechanisms, calculations, and adjustments to be used

7. Documentation Requirements: Requirements for maintaining transfer pricing documentation and evidence of arm's length pricing

8. Compliance Obligations: Obligations of each party to comply with relevant transfer pricing laws and regulations

9. Review and Adjustment Mechanisms: Procedures for periodic review of the pricing arrangement and making necessary adjustments

10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

11. Governing Law and Jurisdiction: Specification of New Zealand law as governing law and jurisdiction for dispute resolution

Optional Sections

1. Critical Assumptions: Include when there are specific market conditions or business circumstances that could materially affect the pricing arrangement

2. Advance Pricing Arrangement (APA) References: Include when the agreement is part of or relates to an existing APA with tax authorities

3. Force Majeure: Include when parties want to address how extraordinary events might affect the pricing arrangement

4. Confidentiality Provisions: Include when dealing with sensitive pricing information that requires specific confidentiality protection

5. Dispute Resolution Procedures: Include when parties want specific procedures for resolving transfer pricing disputes

6. Intra-group Services Provisions: Include when the agreement covers specific intra-group services requiring detailed service level descriptions

Suggested Schedules

1. Pricing Schedule: Detailed breakdown of prices, margins, or other financial metrics used in the transfer pricing calculations

2. Functional Analysis: Detailed analysis of functions performed, assets used, and risks assumed by each party

3. Comparability Analysis: Documentation of comparable transactions or companies used to establish arm's length pricing

4. Documentation Requirements Schedule: Detailed list of required documentation and maintenance procedures

5. Calculation Methodology: Step-by-step explanation of how transfer prices will be calculated

6. Adjustment Mechanisms: Detailed procedures for making pricing adjustments based on various scenarios

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Industries

Manufacturing

Technology

Pharmaceuticals

Financial Services

Consumer Goods

Professional Services

Energy

Mining

Retail

Telecommunications

Automotive

Agriculture

Relevant Teams

Finance

Tax

Legal

Treasury

Compliance

Risk Management

International Operations

Transfer Pricing

Group Financial Planning

Corporate Governance

Relevant Roles

Tax Director

Chief Financial Officer

Transfer Pricing Manager

International Tax Manager

Finance Director

Tax Counsel

Financial Controller

Group Finance Manager

Tax Partner

Treasury Manager

Compliance Officer

Risk Manager

Industries





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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