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Take advantage of our free expert resources, written by the experts at LCN Legal, based on their practical experience of working with multinational groups and their advisers across the globe. If you are interested in these areas, you may wish to bookmark this page to check back regularly for new information.

How to avoid mismatches between ‘economic’ and ‘legal’ ownership of IP

Paul Sutton

In the ‘bad old days’ of TP, many advisers appeared to take a fatalistic view of intangibles and intellectual property: the economic analysis of IP ownership took place in its own separate silo, and no attempt was made to reconcile that with legal and commercial rights. The problem with this approach is that it results […]

Intercompany Agreements

A common misconception amongst tax and TP professionals

Paul Sutton

One misconception that we hear time and time again from well-meaning TP advisers is the recommendation of putting variables such as mark-up percentages in an appendix to an intercompany agreement, ‘so that they can be updated easily.’ The idea is apparently that the relevant page can just be ‘swapped out’ on an annual basis. It […]

Intercompany Agreements

New video: how to scope out transactions for intercompany agreements

Paul Sutton

Accurately scoping out intercompany transactions is the essential first step in creating, reviewing or updating intercompany agreements for TP compliance. Unless this is done correctly, the resulting agreements are likely to be gibberish, and your TP objectives may fail for lack of legal implementation. As I’m sure you know, the need for alignment between intercompany […]

Intercompany Agreements

Checklist for intercompany agreements for support services

Paul Sutton

As part of our series of checklists for creating, reviewing and updating intercompany agreements, we’ve published a new checklist covering business support services (including head office, back office, strategic management services, marketing services and other services not ‘resold’ to third parties). You can download it here. If you have any feedback on how the checklist […]

Intercompany Agreements

Checklist for intercompany agreements for the distribution or resale of goods

Paul Sutton

Sometimes, you just want to have the information with no fluff or fuss. We’ve created a three-page checklist for creating, reviewing or updating intercompany agreements for the distribution or resale of goods. You can download it here. You might be wondering why we share this kind of information for free. It’s because one of our […]

Intercompany Agreements

Quick-start workshops for revising your group’s Transfer Pricing agreements

Paul Sutton

I’ve lost count of the number of transfer pricing articles I’ve read over the last couple of months which tell their readers to “review your transfer pricing policies” and “update your intercompany agreements” in the light of recent economic circumstances. This is undoubtedly good advice. The problem is that few TP or tax professionals know […]

Intercompany Agreements

Proposed new mandatory OECD content for TP Master Files and Local Files

Paul Sutton

As I’m sure you already know, the OECD’s TP Guidelines already specify that master files and local files must include the following information: Master files: “A list of important agreements among identified associated enterprises related to intangibles, including cost contribution arrangements, principal research service agreements and licence agreements.” (OECD Transfer Pricing Guidelines 2017, Annex I […]

Intercompany Agreements

Q&A on practicalities of digitising cash management for large corporates

Leiza Bladd-Symms

As some of you may already know, over the past few months we have been working closely with Adjoint Inc; a market leader in digitising corporate cash management services. Combining our legal expertise in intercompany agreements with Adjoint’s real time treasury provision, we have collaborated to create a novel and holistic offering for MNE’s which […]

Intercompany Agreements

TP Minds Digital panel discussion on intercompany agreements during Covid-19 – video now available

Paul Sutton

I was honoured to participate in a TP Minds Digital panel discussion last week, on the subject of intercompany agreements for TP compliance. The headline for the session was “Can You Afford Not To Review Your Transfer Pricing Agreements In The COVID-19 Environment?”. During the session, we discussed questions such as: Key points to consider […]

Intercompany Agreements

Legal document automation tools and social enterprises

Paul Sutton

It’s funny how it often seems so much easier to see the potential in someone else, than it is to see it in yourself. I had a pro bono video call last week with someone who wanted to incorporate a new legal entity for a social enterprise. She was wondering whether she should set it […]

LCN Updates

Intercompany Agreements

Free invitation to TPMinds Digital panel discussion: Can you afford not to review your transfer pricing agreements in the COVID-19 environment?

Paul Sutton

As the Coronavirus epidemic continues to cause widespread disruption, almost all multinational organisations will be forced to formulate precautionary measures to mitigate risks. Restructured arrangements will be implemented swiftly and often with little thought as to the wide-ranging implications to the organisation’s transfer pricing policies and the legal agreements that have been implemented to document […]

Intercompany Agreements

Why do some Western companies succeed and others fail in China?

Paul Sutton

I thought you might be interested to watch this informal interview with China guru Benjamin Schmittzehe on the subject “Why do some Western companies succeed and others fail in China?”. Ben has some fascinating things to say on questions such as: Why has IKEA done so well in China, whereas B&Q has been a disaster? […]

Interviews

Intercompany Agreements

The Digital CFO: LCN Legal and Adjoint join forces to help digital acceleration by Corporate CFOs

Leiza Bladd-Symms

We are delighted to feature the following article which has been written by Somil Goyal, COO at Adjoint. Accelerating Digital is crucial to business success as we recover from a dislocated economic and social context. Experts and observers are talking about intelligent blocks that go beyond robotic automation to support this strategic activity. In the first phase response to Covid-19 dislocation, […]

Intercompany Agreements

Transfer pricing insurance for financial transactions

Leiza Bladd-Symms

Until recently, we at LCN Legal weren’t aware that insurance was available in relation to transfer pricing risks. We thought you would be interested to read the following article, which was kindly contributed by Paul Dickinson, Head of Tax (International) at Themis, an underwriting agency gaining significant traction in the M&A insurance market owing to […]

Intercompany Agreements

DAC6 – Best Practices

Paul Sutton

Many organisations – corporates and advisers – are still formulating their policies and processes for complying with DAC6. If you’re also in that position, you’ll probably find this article written by Keith Brockman to be helpful. Keith is VP Global Tax at Welbilt Inc, a US headquartered multinational with annual revenues of over US$ 1.5 […]

Group Reorganisations

Intercompany Agreements

Coronavirus Q&A: Loans by subsidiaries to a parent company which needs cash

Paul Sutton

Last week, we were asked by the European management team of a substantial multinational group to advise on a very common scenario in the current environment – a request by made by the overseas parent company to ‘repatriate’ cash, by way of loan. The key issue was whether the directors of the European subsidiaries involved […]

Group Reorganisations

Intercompany Agreements

Coronavirus Q&A: Can a force majeure clause in an intercompany agreement justify a period of no mark up for a UK service company?

Paul Sutton

I thought you might be interested in a question we received last week from an international tax adviser. I’ve set out the question and our answer below. Q: We’re having a number or enquiries from US headquartered groups regarding adjusting TP with UK service companies. I was wondering whether a force majeure clause in an […]

Group Reorganisations

Intercompany Agreements

Free DAC6 preliminary assessment tool

Paul Sutton

Sometimes it feels like hard work to keep pushing forward. I have to admit that when I first heard about DAC6, my first reaction was ‘what now?’ And then when I started reading into it, my second reaction was ‘this is a complete nightmare.’ (In case you haven’t come across this little beauty yet, DAC6 […]

Group Reorganisations

Intercompany Agreements

The natural approach for board resolutions in group restructuring projects

Paul Sutton

The more complicated a decision is, the more important it is to express what’s happening clearly and succinctly. In the legal world, group reorganisations and cross-border restructuring projects are prime examples of this. Board resolutions and other forms of corporate approval are an essential part of documenting the steps involved, and of managing personal liability […]

Group Reorganisations

Intercompany Agreements

'No ambulance chasers please'

Paul Sutton

In my conversations with fellow professionals (including tax and TP advisers) over the last few weeks, one common theme has emerged of not wanting to appear to be ‘ambulance chasers’. In other words, not wanting to be seen to profit in an environment where so many people in business are suffering. My personal view is […]

Intercompany Agreements

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