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When dealing with intercompany relationships, it’s crucial to establish formal agreements between legally separate entities, even if one owns the other completely. These agreements should outline the terms for repayment for various reasons, including legal and tax considerations. This is especially important for multinational or non-U.S. entities that are consolidated, as it ensures that operating or intercompany agreements account for both U.S. tax laws and the regulations of the respective foreign countries in which the entities operate.
