The Intercompany Management Fees Agreement is essential for Indonesian corporate groups structuring internal service arrangements. It is particularly relevant when a parent company or regional headquarters provides management services to local subsidiaries or when a dedicated shared service center entity serves group companies. The agreement ensures compliance with Indonesian transfer pricing regulations, tax laws, and corporate governance requirements while documenting the business rationale and arm's length nature of fees. This document is crucial for demonstrating compliance to tax authorities and protecting both parties' interests in the service arrangement. It should be used whenever management services are provided between related entities in Indonesia or cross-border, addressing specific Indonesian regulatory requirements including those under Law No. 36 of 2008 on Income Tax and Minister of Finance Regulation No. 213/PMK.03/2016.
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1. Parties: Identification of the service provider and recipient companies, including registration details and authorized representatives
2. Background: Context of the agreement, relationship between the parties, and business rationale for the management services
3. Definitions: Key terms used throughout the agreement, including specific management services, payment terms, and compliance-related definitions
4. Scope of Services: Detailed description of management services to be provided, including specific areas of expertise and deliverables
5. Service Provider's Obligations: Detailed responsibilities of the service provider, including quality standards and reporting requirements
6. Service Recipient's Obligations: Responsibilities of the receiving company, including cooperation requirements and information provision
7. Fees and Payment Terms: Structure of management fees, calculation methodology, payment schedule, and currency specifications
8. Transfer Pricing Compliance: Provisions ensuring arm's length pricing and compliance with transfer pricing regulations
9. Tax Provisions: Treatment of taxes, including WHT, VAT, and tax documentation requirements
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Confidentiality: Protection of confidential information exchanged during service provision
12. Governing Law and Dispute Resolution: Specification of Indonesian law application and dispute resolution mechanisms
1. Personnel: Details about key personnel providing services - include when specific individuals are critical to service delivery
2. Intellectual Property: IP rights and usage - include when services involve creation or usage of intellectual property
3. Force Majeure: Provisions for unforeseen circumstances - recommended for long-term agreements
4. Non-Competition: Restrictions on competitive activities - include when sharing sensitive business information
5. Insurance: Insurance requirements - include when services involve significant operational risks
6. Regulatory Compliance: Specific regulatory obligations - include when services are in regulated sectors
1. Schedule 1 - Detailed Service Descriptions: Comprehensive list and description of each management service to be provided
2. Schedule 2 - Fee Calculation Methodology: Detailed explanation of how management fees are calculated, including cost allocation methods
3. Schedule 3 - Service Levels: Performance metrics and service level expectations
4. Schedule 4 - Key Personnel: List of key personnel involved in service delivery and their roles
5. Schedule 5 - Transfer Pricing Documentation: Required documentation to support arm's length nature of fees
6. Appendix A - Reporting Templates: Standard formats for service reports and performance documentation
7. Appendix B - Invoice Requirements: Template and requirements for valid invoice submission
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