The companies A, B, C will participate in the results of the cost sharing arrangement in equal shares A B c D Expenses Profit mark-up Total Cost allocatio 65 Reimbursement Payment 2. Allocable amount 2.1. Computation of costs The allocable amount is calculated on the basis of the direct and indirect expenses that have actually been incurred and that are economically related to the services already performed or to be performed in the future. Basically, the expenses must be calculated according to the accounting provisions of the country in which the service provider conducts its business activities. The deductibility of the costs allocated to a German service recipient is determined in accordance with German Tax Law e.g. sec. 160 General Tax Code and sec. 4 subs. 5 Income Tax Act. The expenses must be clearly defined. If several pool members provide the agreed services the expenses can be determined in accordance with a single national set of accounting provisions or based on the accounting principles applicable for a consolidated balance sheet of the companies, provided that such a procedure is not opposed by the tax administrations of the countries in which the services are performed Income(including subsidies and allowances)that is economically related to the expenses must be matched with the expenses. The same applies to special tax advantages, e.g. special depreciation allowances. If a license fee for intangible assets that have been created under the cost sharing agreement is received by the pool, the allocable amount must be reduced by this fee If individual services are performed in kind by the pool members this will not be regarded as a transfer of assets but rather as a surrender of the use and benefit the value of which is to be determined based on e expenses incurred. In the case of tangible assets which have already been written off, their fair market value at the time of surrender and their remaining useful life have to be taken into account. With regard to intangible assets it is allowable to estimate the expenses by an appropriate license fee less the usual profit mark-up The allocable costs may include interest on the employed equity capital that is shown in the tax balance sheet; the interest rate must equal the credit rate for the currency of the state in which the activities are exercised If expenses for different services are charged according to a uniform cost sharing arr nt these xpenses must be determined separately for each service type(see also clause 1. 4 para. 3 Set-offs are not allowable between individual service types or with other services outside the scope of the cost sharing arrangement 2. 2. Profit mark-up Page 3Tax Management Transfer Pricing Report -Revised German Cost Sharing Arrangement Regulations