1. Terms of payment
Unless otherwise agreed, payment terms are strictly 7 days from the date of invoice.
2. Your responsibilities
You agree to provide, in a timely fashion, all information, documents, and access reasonably required to enable me to provide the Services. Such documents, information, and access may include, without limitation, files, records, accounts, and data.
You acknowledge that I will not independently verify the accuracy of such information and documents. You are responsible for ensuring the accuracy of any information or documentation provided to me.
You agree to promptly notify me if, after providing information or documentation, you become aware that the information or documentation contains untrue, inaccurate, or misleading content.
You acknowledge that inaccurate, incomplete, or late information may have a material effect on our / my ability to provide the Services.
You are responsible for compliance with the substantiation provisions of the Income Tax Assessment Act 1997 (Cth).
3. Safe harbour protections
The Taxation Administration Act 1953 (Cth) contains specific provisions that may provide you with “safe harbour” from administrative penalties for incorrect or late lodgement of returns.
These safe harbour provisions will only be available to you if, amongst other things, you provide “all relevant taxation information” to us/me in a timely manner.
It is therefore in your best interests to provide all documents and information requested at the times specified by us/me.
4. Your rights
As an Australian taxpayer, you have certain rights under Australian taxation laws, including the right to seek a private ruling from the Australian Taxation Office (ATO) or to appeal or object against a decision made by the Commissioner of Taxation.
I will keep you informed of any specific rights and obligations that may arise under Australian taxation laws.
5. Limitation of liability
I will not be responsible for any errors brought about by your failure to provide information or documentation later found to be material to your tax affairs.
I will not be liable for any loss or damage (including direct, indirect or consequential loss) arising from any inaccuracy or other defect in any information or documents supplied by you.
I will not be responsible for any late lodgement or other fees and fines brought about by your failure to provide required documents and information in a timely manner.
I will not be liable for any late lodgement penalties incurred unless I am solely responsible for the late lodgement of the documentation.
No act or omission by me will be considered gross negligence, wilful default, wilful misconduct, fraud, dishonesty or breach of duty to the extent to which the act or omission was caused or contributed to by any failure by any other person (who is not within my reasonable control) to fulfill any obligations relating to the Agreement or by any other act or omission of any other person (who is not within my reasonable control).
Any tax refund estimate provided is only an estimate and I am not responsible and will not accept liability if the ATO determines an outcome that is different than the estimate provided at the time of lodgement.
I am a practicing member of the Institute of Public Accountants (IPA) and I am covered under the IPA Professional Standards Scheme (Scheme). Under the Scheme, my civil liability for damages arising out the provision of the Services will be limited to $2,000,000.
A copy of the IPA Scheme is available on the website of the IPA at https://www.publicaccountants.org.au/membership/ppc/professional-standards-scheme.
6. Ownership of documents
All original documents obtained from you shall remain your property. However, I reserve the right to make a reasonable number of copies of the original documents for our records.
The Services will result in the production of output documents, such as financial statements and tax returns. Any such documents which we have been specifically engaged to prepare for you will be owned by you.
All other documents produced by us in respect of the Services, for example, general journals, general ledgers, or draft documents, will remain my property. However, subject to clause 9, I will always provide you with copies of any documents you require.
7. Tax practitioners obligation to comply with the law
I have a duty to act in my client’s best interests. However, the duty to act in my client’s best interests is subject to an overriding obligation to comply with the law, even if that may require me to act in a manner that may be contrary to your directions. For example, I could not lodge an income tax return that I believe to be false in a material respect.
As a member of the IPA, our accountants I am subject to the ethical and professional requirements of the IPA and its investigations and disciplinary processes. These requirements cover issues such as a code of ethics, adherence to accounting and auditing standards, requirements to undertake continued professional development, and to hold trust money in a trust account.
I am bound by the APES 110 Code of Ethics for Professional Accountants, and pursuant to the Responding to Non-Compliance with Laws and Regulations (NOCLAR), I am required to report any material potential or actual non-compliance with laws and regulations or acts of omission or commission, intentional or unintentional by a client which are contrary to the prevailing laws or regulations.
If I decide that disclosure under NOCLAR is required (to the appropriate authority), then such a disclosure will not be considered a breach of confidentiality.
8. Reliance by third parties
Any reports prepared as a part of the Services (including Financial Statements and Income Tax Returns) will be prepared for distribution to you for the purpose specified in the report. There is no assumption of responsibility for any reliance on my report by any person or entity other than you and those parties indicated in the report. The report shall not be inferred or used for any purpose other than for which it was specifically prepared. Accordingly, my report may include a disclaimer to this effect.
9. Confidential information
I may disclose the confidential information if required to do so by law, court order, a House of Parliament, or a Committee of a House of Parliament or subject to my obligations set out in Clause 7 above.
10. Privacy
I am bound by the Australian Privacy Principles (APPs) when collecting, using and disclosing your Personal Information (as that term is defined in the APPs) in connection with this Agreement. Your Personal Information will be collected and used by me for the sole purpose of providing the Services. I will not use your Personal Information for any other purpose without your consent. I may be required to disclose my Personal Information to third parties in order to perform the Services, such as the ATO. I will only provide your Personal Information to third parties to the extent necessary to perform the Services. Your Personal Information will be stored in Australia and will not be transferred or made available to entities outside of Australia without first notifying you. I will retain your Personal Information for as long as is necessary to provide the Services or as required by applicable law. After this time, I will destroy your Personal Information. I will notify you in writing of any breach of your Personal Information.
You warrant that:
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you are entitled to disclose any Personal Information that you provide to me under this Agreement; and
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you will assist us/me to comply with my obligations under the APPs, to the extent possible.
As a member of the IPA, I am subject to the Professional Practice Quality Assurance (PPQA) reviews mandated by the International Federation of Accountants. By accepting this Engagement, you consent to my files relating to this engagement being made available for the PPQA review, if requested. Should this occur, you will be advised. Any such review will be of client records and not of you as a client.
11. Governing law
This Agreement and all aspects of our work are governed by the laws of NSW.
12. Termination
Either party may at any time, with at least 30 days written notice to the other party, terminate this Agreement without cause, in which case you will be liable to pay me for all Services provided up to the effective date of termination.
In the event of termination of Services, I may, in our absolute discretion, invoke a lien over certain documents held until outstanding fees have been paid or other satisfactory agreements made in writing. A lien is a right to hold certain documents or property until the debt incurred in respect of that property/document has been satisfied subject to the law. We will provide you with a copy of all documents not subject to a lien.
Engagement as your tax agent for an individual income tax return
Thank you for instructions. I am pleased to accept an appointment as your tax agent for your current tax return.
At the outset, we need to enter into an agreement with you setting out the terms on which we will assist you, including how we will charge you for the work.
This letter sets out the terms of the engagement. Any additions will be by the written agreement of both parties. Please read this letter and the Terms of Business carefully. If the terms are acceptable to you, please sign and return this letter to us. If you do not return a signed copy of this letter, but continue to provide us with information and instructions, we will assume that you have accepted the terms contained in this letter.
Scope of services
As your tax agent, I will prepare and lodge your individual income tax return for the current year.
In addition to the financial information required to complete your tax return, it is expected that you will make available all relevant source documentation to me.
In preparing your individual tax return I will rely on the documents and information provided, and representations made by you.
Matters outside the scope of services
In performing the Services, I will not perform an audit or review. Accordingly, no assurances are made in this regard. This engagement cannot be relied upon to disclose irregularities including fraud, other illegal acts and errors that may exist. However, I will inform you of any such matters that come to my attention.
Professional fee and payments
My fees for performing the Services will be as follows:
- Standard individual tax return $120.00.
- Standard individual tax return with one rental property $160.00.
- Standard individual tax return with sole trader income $180.00.
- Additional rental property schedules will be $60.00 per schedule.
- Bookkeeping work to determine sole trader income and expenses $60.00 per hour.
Other.
If I perform additional work for you that is not covered by this letter, I will charge you separately for that additional work at a rate of $150.00 per hour.