Terms & Conditions
PERIOD OF ENGAGEMENT
This engagement will commence with your tax return for the year to April 20XX to cover one tax year.
SCOPE (as every client’s requirements are different we will advise the scope when we discuss your situation)
OUR SERVICE TO YOU
We will prepare your personal tax return together with such supporting schedules as are appropriate
We will send you your tax return and supporting schedules for you to approve and sign. We will then submit it to the Inland Revenue.
We will tell you how much tax you should pay and when. If appropriate we will initiate repayment claims when tax been overpaid.
We will deal with the Inland Revenue regarding any amendments required to your return and prepare any amended returns which may be required.
We will advise as to possible claims and elections arising from the tax return and from information supplied by you. Where instructed by you, we will make such claims and elections in the form and manner required by the Inland Revenue.
We will deal with all communications relating to your return addressed to us by the Inland Revenue or passed to us by you. However, if the Inland Revenue choose your return for enquiry this work may need to be the subject of a separate assignment in which case we will seek further instructions from you
We will check PAYE notices of coding where such notices are forwarded to us
YOUR RESPONSIBILITIES: PROVISION OF INFORMATION BY YOU
You are legally responsible for making correct returns by the due date and for payment of tax on time. Failure to meet the deadlines may result in automatic penalties, surcharges and/or interest.
To enable us to carry out our work you agree:
(a) that all returns are to be made on the basis of full disclosure of all sources of income, charges, allowances and capital transactions;
(b) To provide full information necessary for dealing with your affairs: we will rely on the information and documents being true, correct and complete and will not audit the information or those documents;
(c) That we can approach such third parties as may be appropriate for information that we consider necessary to deal with your affairs;
(d) to provide us with information in sufficient time for your tax return to be completed and submitted by the 31st Jan for online filling following the end of the tax year. In order that we can do this, we need to receive all relevant information by 31st Aug following the end of tax year but we will send you further correspondence requesting the information and the deadline for the information required
There are four key deadlines for sending in your tax return and paying any tax due:
- 31 October - this is the deadline for sending in the majority of paper tax returns
- 31 December - this is if you would like to make the payment through next year tax code. The liability has to be under £2000 this is very efficient way of delaying tax payment by more than a year
- 31 January - the deadline for filing in your tax return online, and some paper tax returns where the return cannot be filed online.
- 31 January - this is the payment deadline for what you owe for the previous tax year, and for payments towards the current year's tax bill (called 'payments on account') if relevant
- 31 July - the deadline for your second payment on account - if one is due
(e) To forward to us up on receipt 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 may be necessary within the statutory time limits;
(f) To keep us informed about significant changes in your circumstances if they are likely to affect your tax position
(G) Penalties and surcharges may apply if you miss these deadlines.
Fees
Our fees are payable before we submit the return. We will charge an agreed fee + VAT. These fees will be reviewed annually and may be subject to minimum increase in line with inflation.
If your information is not provided on time or is incorrect, then we reserve the right to make an additional charge of which you will be advised. Also, if it transpires that the work is involved with your return is more detailed than you originally told us, then again, we reserve the right to charge an increased fee.
This fee does not cover extra work or dealing with an Inland Revenue enquiry into your tax affairs, or preparing an opinion on a complex tax issue. Such work will be charged as an additional fee and it may be difficult or impossible to estimate our fees beforehand. In these cases, we may wish to set a limit on our charges before work begins. Should we agree such a limit, we will inform you as soon as it appears that the limit may be exceeded.
LIMITATION OF LIABILITY
The advice which 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 will provide the professional services outlined in this letter with reasonable care and skill. However, we will not be 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.
E-mail may be used to enable us to communicate with you. As with other 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.
Additional services
There are many other areas where we can be of assistance and we shall be pleased to discuss any matters with you. These other services may be subject to a further charge and include:-
- Reports in support of returns or claims, e.g., insurance company certificates, government claims, etc.
- advice on financial matters; including, property rental income
- Visa’s or HSMP applications
- Providing references where required to building societies ,banks etc on your behalf.
- You will deal with claims and any related correspondence, appeals or other matters in respect of working tax credits and child tax credits.
- We will be pleased to advise on any of these matters if so requested.
Continuity Agreement
We have a continuity agreement in place with Ray Backler FCMA, Capsa Accounting Ltd. This agreement would only be invoked in the event of serious illness or death. You have a right to choose whether or not you wish Capsa Accounting Ltd to act on your behalf in the event of the continuity agreement becoming operational.
Retention of and access to records
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 accounts and returns. You should retain them for 5 years 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.
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.
REGULATORY REQUIREMENTS
We reserve the right to disclose our files to regulatory bodies in the exercise of their powers. In Particular you give us authority to correct Inland Revenue Errors
Money Laundering Rules
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 officers for the purposes of the money laundering legislation.
If you are a UK non-resident, you must provide us with copies of the applicable Work Permits, Visa’s, and the completed Immigration Authority Letter. For both UK resident 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 will not be held responsible for any delays caused by third parties during this application process.
Help us to improve our service
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.
We undertake to look into any complaint carefully and promptly and to do all we can to explain the position to you following our thorough complaints procedures. If you feel that we have given you a less than satisfactory service, we undertake to do everything reasonable to address your concerns.
Applicable Law
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.
Electronic Communication
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.
It is the responsibility of the client to have the appropriate level of anti virus protection.
Data Protection Act 1998
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. For the purposes of the Data Protection Act 1998, all personal data supplied about you and your company may be passed within the Rodliffe Group and is subject to the UK Data Protection Act 1998.
Contracts (rights of third parties) Act 1999
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 letter supersedes any previous engagement letter for the period covered. Once agreed, this letter 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 without penalty. Notice of variation or termination must be given in writing.
