Transfer Pricing Adjustments Sample Clauses
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Transfer Pricing Adjustments. If pursuant to a Final Determination any Transfer Pricing Adjustment is made which results in (i) a Tax for which DuPont is liable hereunder and (ii) a Tax Benefit allowable to a member of the Chemours Group, Chemours shall make payment to DuPont, within thirty (30) days following such Final Determination, in an amount equal to the present value of such Tax Benefit (including any Tax Benefit made allowable as a result of the payment). The amount of a Tax Benefit shall be calculated by: (x) using the highest relevant marginal Tax rates in effect at the time of the Final Determination; (y) assuming the relevant Chemours Group member will be liable for such Taxes at such rate and has no Tax Attributes at the time of the Final Determination; and (z) assuming that any such Tax Benefit is used at the earliest date allowable by applicable law. The present value referred to in the preceding sentence shall be determined using a discount rate equal to the mid-term applicable federal rate in effect at the time of the Final Determination.
Transfer Pricing Adjustments. If, in connection with any transaction ---------------------------- between the parties after the Distribution Date, the tax liability of a party hereto (the "Adjusted Party") is increased pursuant to an adjustment (an -------------- "Adjustment") under Section 482 of the Code, the other party (the "Other Party") ---------- ----------- shall pay to the Adjusted Party an amount equal to the Correlative Tax Benefit of the Other Party, provided however, that the Other Party shall have no obligation to pay any amount to the Adjusted Party until such time as the Correlative Tax Benefit produces a
Transfer Pricing Adjustments. 4.1 If:
4.1.1 any Group Company has a liability to Tax in respect of which the Buyer is entitled to receive a payment from the Seller pursuant to a Tax Claim; and
4.1.2 all or part of such Tax is attributable to an adjustment made pursuant to the provisions of Part 4 TIOPA, the Seller may by notice to the Buyer require the Buyer to procure that the Group Company in question accepts from the Seller or such member of the Seller’s Group a payment by way of balancing payment pursuant to section 196 TIOPA in full or partial discharge of so much of such Tax payable by the Group Company in question as is attributable to such adjustment; and, to the extent that such a balancing payment is received by the Group Company in question, the Buyer’s entitlement to receive a payment pursuant to the Tax Claim shall be reduced or eliminated.
3.1 Where a Tax Liability in respect of which the Buyer is entitled to receive a payment from the Seller pursuant to a Tax Claim is attributable to an adjustment made pursuant to the provision of Part 4 TIOPA, the Seller or relevant member of the Seller's Group will be entitled to make a compensating adjustment in accordance with Chapter 4 Part 4 TIOPA and the Buyer will take or procure (at the Seller’s cost) the taking of all reasonable actions necessary to enable the Seller or member of the Seller's Group to make such compensating adjustment including but not limited to the provision of information about the calculation made by the Company, the details of the arm's length provision included in any such calculation and the making of a return on the basis that the relevant arm's length provision applies.
3.2 If any adjustment referred to in paragraph 4.1 is subsequently amended by a Tax Authority that amended amount shall be substituted for the purposes of those paragraphs as the amount of the liability to Tax in respect of which the balancing payment should or can be made and such adjusting payment or amended claims as may be required by virtue of the above-mentioned substitution shall be made or procured as soon as practicable by the Buyer or the Seller (as appropriate).
Transfer Pricing Adjustments. If the Administrative Services Fee is not deemed to be arm’s length by a relevant authority of either jurisdiction, including but not limited to auditors, tax authorities or the courts, and the Parties do not challenge the determination in good faith, Service Provider shall, within sixty (60) days following such determination, invoice, refund, or credit, as the case may be, Service Recipient for the amount of such variance, or the excess Administrative Services Fee shall be netted as provided in Section 3.7 (Netting as Payment).
Transfer Pricing Adjustments. Notwithstanding anything to the contrary in this Agreement, the Certification Customer Access Fee and Licensee Fee shall be reviewed periodically by the Parties (and no less frequently than once every three years) and may be adjusted retrospectively or prospectively by mutual agreement of the Parties to the extent the Parties determine that an adjustment is necessary to comply with the arm’s length standard under Section 482 of the Code, and the regulations promulgated thereunder, or any other applicable laws or regulations. Additionally, no later than six (6) months prior to the end of the Initial Term or any Renewal Term, the Parties shall engage in a transfer pricing study under Section 482 of the Code to determine the adjustment, if any, to the Fees for the subsequent Renewal Term.