We have developed a wide range of precedents that document tax-sharing and tax financing regimes. Among these precedents are: business groups are encouraged to consider entering into tax-sharing and tax financing agreements as part of their entry into the tax consolidation system. The most efficient consolidated equipment financing subsidiaries, which are committed to the implementation of real tax leasing products, enter into a corporate tax-sharing agreement (CTSA) with their parent company. CTSA is an agreement developed by the management of the parent company and the subsidiary and recognizes the full value of the benefits generated by a true tax leasing product. The people who work on the details of the CTSA sharing agreement within each organization are usually tax advisors and other accountants who know how to measure and recognize these benefits. Tax financing agreements also determine tax accounting inflows into the financial statements of tax group members (i.e., deferred tax assets and deferred tax liabilities). Tax financing agreements complement tax-sharing agreements and explain how subsidiaries finance the payment of tax by the main company and when the main company is required to make payments to subsidiaries for certain tax attributes generated by subsidiaries that benefit the group as a whole (for example. B tax losses and tax credits). To date, most consolidated tax groups have decided to allocate their income tax commitments based on the fictitious individual taxable income of each member of the group or on the basis of each member`s accounting income as a percentage of the group`s total accounting income. Acceptance of the allocation on these bases will ultimately depend on the facts and circumstances related to the tax situation of the various groups, as well as legislation, regulations and ATO guidelines, which generally apply to tax-sharing agreements. If they join the tax consolidation system, business groups need to think about how best to minimize the application of joint and several liability related to group income taxes. They must also consider the extent to which subsidiaries finance the payment of these debts by the main company.
Both issues can be managed by business groups through tax-sharing agreements and tax financing agreements.