Terms and Conditions
1) Our Service to you
As part of our services we are happy to prepare your personal tax return together with supporting documents as required. We will submit your tax return and supporting documentation for you to approve and sign. And then once upon your signing and agreeing the paperwork we will then submit it to the Inland Revenue, if you so wish. Or will hand to you so you may submit it as and when you see fit.
We will calculate and explain to you how much tax you or your company should pay and when. And if required or agreed we will request for repayment of tax if it has been overpaid.
We are happy to speak with the Inland Revenue and companies House regarding any amendments required to your company structure, accounts or returns and prepare any amended returns or appeals letters which may be required.
We will be pleased to advise you as to any possible claims arising from the tax return and from information supplied by you. Where instructed by you, we will make such claims in the form and manner required by the Inland Revenue.
We are happy to deal with all correspondence regarding your accounts and returns addressed to us by the Inland Revenue or passed to us by you. However, in the unlikely event that the Inland Revenue choose your return for enquiry this work may need to be the subject of a separate work and fee in which case we will seek further instructions and agreement from you.
We will be happy to check any PAYE notices from HMRC where such notices are handed to us and we would be happy to provide a payroll service if required.
Provision of information by you - Your Responsibility
Please be advised that you are legally responsible for making correct returns by the due date and for payment of any taxes due by the time required by the relevant authorities. Failure to meet the deadlines may result in penalties, surcharges and/or interest, which we will not be held responsible for.
To allow us to perform our work correctly you agree:
(a) That all accounts and tax returns etc are to be made on the basis of full disclosure of all sources of income, charges, allowances and capital transactions etc;
(b) To provide as full as possible all information necessary for dealing with your financial affairs early and within the deadline and time frames we advise. We will assume the information and documents to be true, correct and complete and will not audit the information or those documents, unless required by you or a third party as instructed (this audit would be a separate agreement and requirement and as such would incur a different fee which would be approved before commencement);
(c) That you allow us to approach third parties as may be appropriate for information that we consider necessary to deal with your affairs, (in most cases we would always seek your approval beforehand);
(d) To provide us with information in sufficient time for your tax return to be completed and submitted by the deadlines as required by the relevant authorities. So we can do this correctly, we need to receive all relevant information by a reasonable amount of time beforehand and will advise you by what time the information is required by.
(e) To keep us informed about any changes in your circumstances if we or you feel they are likely to affect your or your companies tax position
(f) To provide us with originals or copies of all Inland Revenue statements of account, PAYE coding notices, notices of assessment, letters and other communications received from the Inland Revenue to enable us to deal with them as required within their allocated time limits;
(G) Penalties and surcharges may apply if you miss deadlines, which we are sorry but cannot be held liable for.
Please note that our fees are payable before we complete our work, on a monthly basis or as agreed before we submit tax returns or complete any set of accounts etc. Our services are charged on an annual basis and the monthly payments will be still due in arrears for any set of accounts done early on in the year. In the event of more than one years worth of accounts / tax returns work being prepared in a 12 or 24 month period each set of accounts will count as a full and seperate 1 year's worth of accounts that will are due to paid for individually as seperate invoiced amounts. We will charge an agreed fee + VAT (if applicable) as per our standard fees for such services. As an Industry standard you agree that if a refund / payment is paid by HMRC or any other external organisation and into our client account and you have an outstanding balance of payment(s) due for our services then you agree to us deducting our fees in full before transferring the remaining balance to your chosen bank account. If no balance remains after our fees are deducted any balances outstanding will still remain payable. Also please note that our fees will be reviewed annually and will be subject to a minimum increase in line with inflation each year.
If a monthly payment plan is offered to a client, this is not a confirmation of a monthly service as the monthly payments total and go towards the year end service needed to be paid in advance before annual accounts are prepared and filed. We provide an annual service on an annual basis and the monthly payments are only to make it easier for clients to budget and pay the total fee. In the event of a monthly payment shortfall then we will invoice for the balance, from time to time, and require this to be paid and the balance to brought up to date to ensure continued services. There may be some services that we do on a monthly basis such as PAYE or VAT etc and these are again not a reflection of the monthly payment being made for these direct services.
We require a minimum of one months prior written notice from the client (a third party does not count) to safely and correctly wind up your services and may refuse to hand over your documents if you have a balance outstanding. For clients that are paying a month in arears the one month notice period will be an additional amount due on top of the monthly payment and any other part therof. Please note we do not automatically issue refunds and/or credit for any accounting work prepaid and subsequently unused. This is assessed according to each individual case as circumstances can vary and we may have been working behind the scenes for you, that you may not have been aware about.
There is a 14 days cooling off period at the start of our services and if you wish to cancel our services. You will need to submit written notice to safely and correctly wind up your services. If the written notice arrives after the 14 day cooling off period or was notice was provided by any to other means other than in writing then you will be held liable to admin charges and or charges for work carried out.
If information from yourself is not provided in time or is incorrect, especially that we have to redo a lot of work, then we reserve the right to make additional charges, which will be advised. And, if it turns out that the work involved with your return is more than you originally told us, then again, we reserve the right to charge an increased fee, again as advised.
We are sorry but a fee agreed at the beginning of the agreement does not cover extra work or dealing with an Inland Revenue investigation or enquiry into your tax affairs, or preparing an accountant's certificate or opinion (references) on a complex tax calculation or work required by external organisations such as HMRC or Companies House for their procedural and legal changes to ensure the client is compliant on going. This also includes sending a professional clearance or replying to an external source/accountant/lawyer/etc for information requests/explanations/calculations/investigations/etc. Any such type of work will be charged as an additional fee on top of the agreed amount and it may be difficult or impossible to estimate our fees beforehand, as it may require several different tasks and revisions for the authorities to be satisfied. In such cases, to help you, we may wish to set a limit on our charges before our work begins. If we agree to such a limit, we will inform you as soon as it appears that the limit, may have or, is about to be exceeded.
The Limitation of Liability
Please be advised, that any advice or support which we give to you is for your sole use and does not include any advice to any third party to whom you may pass it on.
As part of our business philosophy we have a vested interest in providing our clients with an excellent service and will provide the professional services outlined in this letter with reasonable care and skill. However, we will not be held responsible for any losses, penalties, surcharges, interest or additional tax liabilities arising from the supply by you or others of incorrect or incomplete information, or from the failure by you or others to supply any appropriate information or your failure to act on our advice or respond promptly to communications from us or the tax authorities.
We reserve the right to cancel all cleint services, with immediate effect or given notice, where we feel it is applicable.
There will be many other areas where we can be of assistance and we are pleased to discuss any other financial and business matters with you. These other services may be subject to a further charge, or commision from third parties and include:-
- Letters or documents in support of returns or claims, e.g. directors / shareholders disputes, insurance company certificates, government claims, etc.
- Business advice on financial matters; eg. shares investments, pensions, property rental income, overseas incomes etc.
- Advice regarding business or work Visa’s or HSMP applications, UK Border Agency, Legal matters etc.
- Providing letters or accountants certificate for references where required to building societies ,banks etc.
- We will be happy to help with any related correspondence, appeals or other matters in respect of working tax credits and child tax credits, or council tax or housing benefits claims forms etc.
- Human Resouces, Payroll, Mortgage Application's, Bankruptcy Advice, Commercial Loans etc
- Any other financial or business advice/service not listed above.
We have yet to assign a continuity agreement. This agreement when agreed, would only be invoked in the event of serious illness or death. You have a right to choose whether or not you wish for the allocated company to act on your behalf in the event of the continuity agreement becoming operational.
Retention of and access to records
Please note, during the routine course of our work we will collect information from you and others acting on your behalf and will return any original documents to you following the preparation of your accounts and returns. You should retain all documents for at least 5 years. It is advisable from the 31 January following the end of the tax year. This period may be extended if the Inland Revenue enquires into your tax return as they can go back many years at their choosing.
We take your confidentiality very seriously and know that certain documents may legally belong to you, we intend to destroy correspondence and other papers that we store which are more than seven years old. If you require retention of any document you must notify us of that fact in writing so we avoid destroying it.
Regulations and Requitments
Please note, we do reserve the right to disclose our files to regulatory bodies in the exercise of their powers, especially during their investigations.
Money Laundering Rules
We are registered by the relevant bodeis for this, and in order to provide services to you, we will ask for sight of original documents such as a birth certificate, passport, driving license and/or utility bill in order to verify the identity of the owners and officers of a business for the purposes of the money laundering legislation.
According to the rules, if you are a non UK resident, you must provide us copies of applicable Work Permits, Visa’s, and completed Immigration Authority Letters. For both UK residents and UK non-residents, you also agree to provide us with the required identity & residence evidence in order to comply with Money Laundering Regulations before we can commence the application process. We cannot be held responsible for any delays caused by third parties during this application process.
Help us to improve our service
We always welcome feedback. If you would like to make any recommendations to us as to how our service could be improved, or in the inlikely event that you are dissatisfied with the service you are receiving, please do let us know.
As part of our work ethic, we try to make sure no client has any complaints and assure them all that in such an event we will look into any complaint very carefully and promptly. If you feel that we have given you a less than satisfactory service, we will make sure to do everything reasonable to address all concerns.
Applicable English Law
This engagement agreement/letter is governed by, and constructed in accordance with, English law. The Courts of England will have exclusive jurisdiction in relation to any claim, dispute or difference concerning this engagement agreemtent/letter and any matter arising from it. Each party irrevocably waives any right it may have to object to any action being brought in those courts, to claim that the action has been brought in an inappropriate forum, or to claim that those courts do not have jurisdiction.
We sorry but we cannot accept responsibility for any errors or problems that may arise through the use of internet communications and all risks connected with sending commercially sensitive information relating to your business are borne by you. If you do not agree to accept this risk, you should notify us in writing that e-mail is not an acceptable means of communication. It is the responsibility of the client to have the appropriate level of anti virus protection.
Data Protection Act 1998
As per the legislation, please be advised that we may obtain, use, process and disclose personal data about you in order that we may discharge the services agreed under this engagement agreement/letter, and for other related purposes including updating and enhancing client records, analysis for management purposes and statutory returns, crime prevention and legal and regulatory compliance.
For the purposes of the Data Protection Act 1998, all personal data supplied about you and your company may be passed within the company and is subject to the UK Data Protection Act 1998. You will of course have a right of access, under the relevant data protection legislation, to the personal data that we hold about you.
Contracts (rights of third parties) Act 1999
Please note, that persons who are not party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
Agreement of Terms
This agreement/letter supersedes any previous engagement agreement/letter for the period covered. Once agreed, this will remain effective from the date of signature until it is replaced. You or we may vary or terminate our authority to act on your behalf at any time giving one months notice, without penalty. Notice of variation or termination must be given in writing.
Please be advised that electonic mail, text messages, telephone and fax may be used to enable us to communicate to you. As with any means of delivery this carries with it the risk of inadvertent misdirection or non delivery. It is the responsibility of the recipient to carry out a virus check on any attachments received.
Your Implied Consent
2) STANDARD TERMS OF BUSINESS
(Last revised 7th January 2015)
The following standard terms of business apply to all engagements accepted by Tax Affinity Accountants Ltd. All work carried out is subject to these terms except where changes are expressly agreed in writing.
1 Professional obligations
- We will observe the Bye-laws, regulations and ethical guidelines of HMRC and the Association of Certified Chartered Accountants in England & Wales (ACCA) and accept instructions to act for you on the basis that we will act in accordance with those guidelines. Copies of these requirements are available for inspection at the HMRC and ACCA websites.
- Where you give us confidential information we shall at all times keep it confidential, except as required by law or as provided for in regulatory, ethical or other professional pronouncements applicable to this engagement.
- We reserve the right to act during this engagement for other clients whose interests may be adverse to yours. We will notify you immediately should we become aware of any conflict of interest to which we are subject in relation to you.
2.1 Although we are not authorised by the Financial Conduct Authority (FCA) to conduct investment business, our staff are experienced enough to provide certain limited investment advice and services where these are complementary to, or arise out of, the professional services we are providing to you.
2.2 If, during the provision of professional services to you, you need advice on investments, we may have to refer you to someone who is authorised by the FCA, as we are not. We may be able to provide certain investment services where these are complementary to or arise out of the professional services we are providing to you.
2.3 Any independent financial adviser we refer you to will treat you as their client for all purposes of the rules of the FCA including best execution.
2.4 In some circumstances, commissions or other benefits may become payable to us from third parties we introduce you to, in which case you will be notified in writing of the amount and terms of payment.
For such commission or other benefits you consent to such commission or other benefits being retained by us without our being liable to account to you for any such amounts. In the absence the signed engagement letter the firm could retain the commission only if the client gave his and informed consent on each occasion after receiving full disclosure of the amount whereas once the letter is signed, the firm can keep the commission.
3 Client monies
3.1 We may, from time to time, hold money on your behalf. Such money will be held in trust in our client account. The account will be operated, and all funds dealt with, in accordance with the clients' money regulations of the HMRC and ACCA.
3.2 In order to avoid an excessive amount of administration, interest will not be paid to you where the amount is held.
4.1 Our fees are computed on the basis of time spent on your affairs by the principals and our staff, and on the levels of skill and responsibility involved.
4.2 If it is necessary to carry out work outside the responsibilities outlined in your initial meeting and agreement with our staff then it will involve additional fees. Accordingly we would like to point out that it is in your interests to ensure that your records, etc. are completed to the agreed stage.
4.3 Invoices are payable in full before the report is signed and the financial statements are made available. And if a HMRC or any other source of refund is paid for you or your company or any other organisation associated for you to our client account for you then you agree to us deducting our fees before transferring the remaining balance, if any remains, to your chosen bank account.
4.4 It is our normal practice to request that some clients make arrangements to pay a proportion of their fee on a monthly standing order. These standing orders will be applied to fees arising from work agreed in this letter of engagement for the current and ensuing years. Once we have been able to assess the amount of work and time involved we will agree for you to pay an amount to us on a regular basis.
4.5 Our terms relating to payment of amounts invoiced and not covered by standing orders, where appropriate, are strictly 7 days net. Payment can be by direct bank credit, cheque, bank debit card or credit card where these facilities are available. (Visa and Mastercard) Credit card transactions will be subject to an additional charges.
4.6 If our fees remain outstanding beyond the payment due date then we retain the right to add further charges for time spent in chasing late payment and if applicable pass the debt on to a debt collection company and / or make an application to the court for enforcement. This will add further charges and may effect your credit rating if it goes to court. If a HMRC refund or any other source of refund is paid for you or your company or any other organisation associated for you is paid to our client account for you then you agree to us deducting our fees before transferring the remaining balance, if any remains, to your chosen bank account.
5 Retention of and access to records
5.1 During the course of our work we will collect information from you and others acting on your behalf and will return any original documents to you following the preparation of your financial statements and returns. You should retain these records for at least seven years from the end of the accounting year to which they relate.
5.2 Whilst certain documents may legally belong to you, we intend to destroy correspondence and other papers that we store which are more than seven years old, other than documents which we consider to be of continuing significance. If you require retention of any document you must notify us of that fact in writing.
6 Quality control
6.1 As part of our ongoing commitment to providing a quality service, our files are periodically subject to an independent regulatory or quality review. Our reviewers are highly experienced and professional people and are, of course, bound by the same requirements of confidentiality as our principals and staff.
7 Help us to give you the right service
7.1 If at any time you would like to discuss with us how our service to you could be improved, or if you are dissatisfied with the service you are receiving, please let us know, by telephoning the principal or senior partner dealing with your affairs.
7.2 We undertake to look into any complaint carefully and promptly and to do all we can to explain the position to you. If you feel that we have given you a less than satisfactory service, we undertake to do everything reasonable to address your concerns. If you are still not satisfied, you may of course take up matters with the practice's Principal Accountant or Senior Partner.
8 Applicable law
8.1 This engagement letter is governed by, and construed in accordance with, English law. The Courts of England will have exclusive jurisdiction in relation to any claim, dispute or difference concerning this engagement letter and any matter arising from it. Each party irrevocably waives any right it may have to object to any action being brought in those courts, to claim that the action has been brought in an inappropriate forum, or to claim that those courts do not have jurisdiction.
9 Internet communication
9.1 Internet communications are capable of data corruption and therefore we do not accept any responsibility for changes made to such communications after their despatch. It may therefore be inappropriate to rely on advice contained in an e-mail without obtaining written confirmation of it. We do not accept responsibility for any errors or problems that may arise through the use of internet communication and all risks connected with sending commercially sensitive information relating to your business are borne by you. If you do not agree to accept this risk, you should notify us in writing that e-mail is not an acceptable means of communication.
9.2 It is the responsibility of the recipient to carry out a virus check on any attachments received. We do not accept responsibility for any communications that may cause virus related faults to your equipment.
10 Data Protection Act 1998
10.1 We may obtain, use, process and disclose personal data about you in order that we may discharge the services agreed under this engagement letter, and for other related purposes including updating and enhancing client records, analysis for management purposes and statutory returns, crime prevention and legal and regulatory compliance. You have a right of access, under data protection legislation, to the personal data that we hold about you. We confirm that when processing data on your behalf we will comply with the provisions of the Data Protection Act 1998. For the purposes of the Data Protection Act 1998, the Data Controller in relation to personal data supplied about you is Mr Phillip Dennison.
11 Contracts (Rights of Third Parties) Act 1999
11.1 Persons who are not party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
11.2 The advice that we give to you is for your sole use and does not constitute advice to any third party to whom you may communicate it. We accept no responsibility to third parties for any aspect of our professional services or work that is made available to them.
12 Money Laundering
12.1 In common with all accountancy and legal practices the firm is required by the Money Laundering Regulations Act 2007 to:
- Maintain identification procedures for all new clients;
- Maintain records of identification evidence obtained, and
- Report, in accordance with the relevant legislation and regulations.
12.3 The offence of money laundering is defined by the Money Laundering Regulations Act 2007 and includes concealing, converting, using or possessing the benefits of any activity that constitutes a criminal offence in the UK. It also includes involvement in any arrangement that facilitates the acquisition, retention, use or control of such a benefit.
12.4 We are obliged by law to report any instances of money laundering to SOCA without your knowledge or consent. In fact, we may commit the criminal offence of tipping off under the Money Laundering Regulations Act 2007 if we were to inform you that a report had been made. In consequence, neither the firms' principals nor staff may enter into any correspondence or discussions with you regarding such matters.
12.5 We are not required to undertake work for the sole purpose of identifying suspicions of money laundering. We shall fulfil our obligations under the Money Laundering Regulations 2007 in accordance with the guidance published by HMRC.
13 Limitation of liability
13.1 We will provide our professional services with reasonable care and skill. However, we will not be held responsible for any losses arising from the supply by you or others of incorrect or incomplete information, or your or others' failure to supply any appropriate information or your failure to act on our advice or respond promptly to communications from us or other relevant authorities.
13.2 You agree to hold harmless and indemnify us against any misrepresentation, whether intentional or unintentional, supplied to us orally or in writing in connection with this agreement. You have agreed that you will not bring any claim in connection with services provided to you by the firm against any of our employees on a personal basis.