As with other professional services firms, we are required to identify our clients for the purposes of the UK anti-money laundering legislation. We may request from you, and retain, such information and documentation as we require for these purposes and/or make searches of appropriate databases.
We are committed to providing you with a high quality service that is both efficient and effective. However, should there be any cause for complaints in relation to any aspect of our service please contact the managing partner of the firm. We agree to look into any complaint carefully and promptly and do everything reasonable to put it right. If you are still not satisfied you can refer your complaint to our sister company The Tax Guys under their professional body rules.
Communication between us is confidential and we shall take all reasonable steps to keep confidential your information except where we are required to disclose it by law, by regulatory bodies, by our insurers or as part of an external peer review. Unless we are authorised by you to disclose information on your behalf this undertaking will apply during and after this engagement.
We may, on occasions, subcontract work on your affairs to other tax or accounting professionals. The subcontractors will be bound by our client confidentiality terms.
We reserve the right, for the purpose of promotional activity, training or for similar business purpose, to mention that you are a client. As stated above we will not disclose any confidential information.
All accounts, statements and reports prepared by us are for your exclusive use within your business or to meet specific statutory responsibilities. They should not be shown to any other party without our prior consent.
No third party shall acquire any rights pursuant to our agreement to provide professional services.
This engagement letter is governed by, and construed in accordance with English law. The Courts of England and Wales will have exclusive jurisdiction in relation to any claim, dispute or difference concerning this engagement letter and any matter arising from it.
Agreement of terms
Once agreed, this letter will remain effective from the date of signature until it is replaced. Either party may vary or terminate our authority to act on your behalf at any time without penalty. Notice of termination must be given in writing.
B. ANNUAL ACCOUNTS – LIMITED COMPANIES
As director of the company, under the Companies Acts you are responsible for:
You will keep records of sales invoices, purchase invoices, receipts and payments, together with any other documents relating to the company’s transactions and activities. It will also be necessary for you to provide a record of stock at the company’s year end.
For financial years beginning on or after 06 April 2008, a private company is usually required to file its accounts at Companies House within 9 months of the year end. The company will be liable to a fine if it fails to do so. In order to avoid this we will produce statutory accounts, suitable for filing, within the required period, provided all your records are complete and presented to us within five months of the year end, and all subsequent queries are promptly and satisfactorily answered.
We have agreed to act as your agent and to:
Responsibility of the accountants
In relation to the accounts, we will prepare the company’s accounts on the basis of the information that is provided to us. We will also draft the accounts in accordance with the provisions of the Companies Act, and related Accounting Standards for approval by the Board.
Should our work lead us to conclude that the company is not entitled to exemption from an audit of the accounts, or should we be unable to reach a conclusion on this matter, then we will advise you of this.
C. PERSONAL TAX – INDIVIDUALS AND SOLE TRADERS
E. CORPORATION TAX
We will prepare, in respect of each accounting period of the company, a computation for corporation tax purposes adjusted in accordance with the provisions of the Taxes Acts. We will also prepare the corporation tax return (form CT600) required under the Corporation Tax Self Assessment regulations. The corporation tax return, together with the supporting corporation tax computations, will be sent to you for approval and signature prior to submission to the Inspector of Taxes.
It should be recognised that in law a taxpayer cannot contract out of his fiscal responsibilities and that computations and return forms are prepared by us as agent for the company. You are legally responsible for making correct returns and for payment of tax on time. If we ask you for information to complete the tax return and it is not provided within the time-scale requested, so that the preparation and submission of the return are delayed, we accept no responsibility for any penalty or interest that may arise.
We will advise you of the corporation tax payments to which the company will be liable, together with the due date of payment. You must inform us immediately if the company pays or receives any interest or makes any other payment, or transfers any asset to any shareholder.
Where necessary we will deal with any queries raised by the Inspector of Taxes and negotiate with the Revenue on any question of taxation interest or penalties which may arise.
To enable us to carry out our work you agree:
You agree that we can approach such third parties as may be appropriate for information that we consider necessary to deal with your affairs and undertake to authorise such third parties to communicate directly with us.
4. Limitation of Liability
We will provide our services with reasonable care and skill. Our liability to you is limited to losses, damages, costs and expenses directly caused by our negligence or wilful default.
We will not be liable if such losses, penalties, surcharges, interest or additional tax liabilities are caused by the acts or omissions of any other person or due to the provision to us of incomplete, misleading or false information or if they are caused by a failure to act on our advice or a failure to provide us with relevant information.
We will not be liable to you for any delay or failure to perform our obligations under this engagement letter if the delay or failure is caused by circumstances outside our reasonable control.
We will not be responsible or liable for any loss, damage or expense incurred or sustained if information material to the service we are providing is withheld or concealed from us or misrepresented to us. This applies equally to fraudulent acts, misrepresentation or wilful default on the part of any party to the transaction and their directors, officers, employees, agents or advisers.
This exclusion shall not apply where such misrepresentation, withholding or concealment is or should (in carrying out the procedures which we have agreed to perform with reasonable care and skill) have been evident to us without further enquiry beyond that which it would have been reasonable for us to have carried out in the circumstances.
5. Period of Engagement
We don’t believe in locking clients into a long term contract. Neither do we impose exit charges. If things are not working, both parties agree to move on without hassle.
Therefore this agreement starts from the date of our engagement letter and will end in accordance with the termination clause below.
Each party may terminate this agreement at any time by giving 1 week’s notice. This is to ensure that any work in progress is completed to ensure smooth transition and to protect clients’ affairs.
Where you fail to cooperate with us, provide us records on time or we have reason to believe that you have provided us or HMRC with misleading information, or where our actions has made it impossible for you work with us, then each party may terminate this agreement immediately.
Other factors that may require us to resign or terminate this agreement include: Failure to pay our fees or give us adequate instructions, your insolvency, the discovery or creation of a conflict of interest your requesting us to break the law or any professional requirement, prolong lack of contact of 6 months or more, the relationship of trust and confidence ceasing to exist between us, and any other breach of these terms of business.
7. Refund Policy
You have a full 14 days to get a refund of the fee you’ve paid us less payment processing charges. If you decide during that time that it’s not right for you, just let us know and you’ll be issued a full and prompt refund, no questions asked. If during this period, we’ve started work, you will get 50% refund. Where we’ve completed the work, you will get 25% refund. Once we’ve completed and filed the return, no refund will be due.
Our work consists mainly of preparing, checking, claiming expenses and submitting your accounts and tax returns and protecting you against tax risks. We do not provide tax advice.
9. Our fees
We will ask for an advance payment of 100% of the price of all services you order. We do not take our fee from your tax refund as we’re not a tax refund company. Payments are non-refundable.
If after being asked, you don’t provide the necessary or complete information needed for our service, we may suspend our work with you. In this instance, we will not be liable for any delay or non-performance and won’t be able to refund fees as work would have began on your affairs.
10. Third Party Rights
The advice and information we provide to you as part of our service is for your sole use and not for any third party to whom you may communicate it unless we have expressly agreed in the engagement letter that a specified third party may rely on our work. We accept no responsibility to third parties, including any group company to whom the engagement letter is not addressed, for any advice, information or material produced as part of our work for you which you make available to them. A party to this agreement is the only person who has the right to enforce any of its terms and no rights or benefits are conferred on any third party under the Contracts (Rights of Third Parties) Act 1999.
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