Intercompany Agreements

Limited Risk Distribution Agreements – Key Considerations for Documenting Intercompany Arrangements

5 July 2025   Paul Sutton

Limited risk distributors (sometimes referred to as ‘LRDs’) are a common feature of intercompany transactions within multinational groups. The essence of the arrangement is of course to de-risk the role of the intra-group distributor, resulting in a correspondingly lower return or margin for the distributor. In many ways, the position of the distributor is commercially…

Group Reorganisations

Intercompany Agreements

Overview of Cash Pooling Agreements: Intercompany Agreements for Cash Pooling

23 June 2025   Paul Sutton

An introduction to intra group cash pooling arrangements This post sets out general considerations for the legal implementation or review of intercompany agreements relating to one of the most common types of financial transactions – cash pooling arrangements. It is important to have appropriate agreements and supporting documentation in place in advance to minimise risks…

Intercompany Agreements

An update on the Pepsi embedded royalty tax litigation in Australia

4 June 2024   Guest Author

This is a guest blog by Andy Bubb, Special Counsel in Tax Disputes at Clayton Utz, based in Melbourne, Australia. Clayton Utz is a top six Australian law firm and Australia’s largest independent (not internationally affiliated) law firm. In his role, Andy advises multinationals, large corporates and individuals with high stakes tax disputes on issues…

Intercompany Agreements

An important IRS memo on intra-group loans

26 February 2024   Paul Sutton

New IRS legal advice on ‘implicit support’ in intercompany loans I’d like to share some thoughts on a recent development that David Zářecký alerted me to. On December 19, 2023, the Office of Chief Counsel of the IRS issued a memo with ‘non-taxpayer-specific legal advice’ regarding the application of US transfer pricing rules to intra-group…

Intercompany Agreements

New HMRC TP guidance on contractual terms in risk allocation

14 February 2024   Paul Sutton

New HMRC guidance on the accurate delineation of transactions On 26 January, HMRC released updated TP guidance on the delineation of transactions as regards risk. The new guidance contains a lot of interesting comments, which no doubt will take some time to digest, but here are a few initial observations. Fundamentally, HMRC’s guidance follows the…

Intercompany Agreements

Tuesday 6 Feb: Webinar on integrating TP policies and ICAs in SAP ERP and S/4HANA environments

31 January 2024   Paul Sutton

Next Tuesday 6 February, the LCN team will be co-presenting on a live one-hour webinar in collaboration with Exa AG. The webinar will explain the practicalities of integrating intercompany agreements with operational transfer pricing, with a specific focus on transactions involving physical goods within SAP ERP and S/4HANA environments. The times in EST, GMT and…

Intercompany Agreements

BlackBerry’s Transfer Pricing in Light of BlackBerry Limited v. The King

29 November 2023   Guest Author

This is a guest post by Harold McClure, a New York City-based independent economist with 26 years of transfer pricing and valuation experience. BlackBerry Limited v. The King (2023 TCC 137) represents an attempt by the Canadian Revenue Agency (CRA) to tax profits earned by BlackBerry’s US subsidiary under Canadian Foreign Accrual Property Income (FAPI) rules….

Intercompany Agreements

Article in the Tax Notes journal: updated German TP guidelines are a clear statement on economic substance

22 November 2023   Paul Sutton

Establishing economic substance: time to face the facts My colleague Rebecca Flanagan and I have written an article for the Tax Notes journal. You’ll find it here. In it we examine the German Ministry of Finance’s Administrative Principles on Transfer Pricing, which were updated in June. These will require attention by any groups who operate…

Intercompany Agreements

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