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Terms
& Conditions
Please
select as appropriate:
Terms
of Engagement
This
sets out the basis on which we act as your tax agent and advisor
to your business. We will issue separate engagement letters to
individual partners where we deal with their personal affairs.
This engagement will commence with the Partnership Tax Return
for the year to 5 April 2005.
Our
Services to You
We
will prepare the accounts of your business and the income tax
computations based thereon from your accounting records and other
information and explanations provided by you. We will not carry
out an audit of those records. We
will prepare the business's annual Partnership Tax Return, including
the partnership statement of total income, gains, losses, tax
credits and charges of the business for each period of account
ending in the Return period.
We will send the business accounts and the Partnership Tax Return
for your approval and signature. We will then submit the Partnership
Return to the Inland Revenue. We
will deal with the Inland Revenue regarding any amendments required
to the Partnership Tax Return and prepare any amended Tax Returns,
which may be required. We
will advise as to any 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 the Partnership
Tax Return addressed to us by the Inland Revenue or passed to
us by you. However, if the Inland Revenue choose the Partnership
Tax Return for enquiry, this work may need to be the subject of
a separate
assignment/fee note and we would refer you to the section below
relating to fees.
Your
Responsibilities: Provision of Information by You
The
partnership is legally responsible for making correct returns
by the due date. Failure to meet the deadlines may result in automatic
penalties.
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 sources of income, charges, allowances and capital transactions;
b) To provide full information necessary for dealing with the
partnership's affairs: we will rely on the information and documents
being true, correct and complete and will not audit the information
of those documents;
c) That we can approach such third parties as may be appropriate
for information that we consider necessary to deal with the partnership's
affairs;
d) To provide us with information in sufficient time for the Partnership
Tax Return to be completed and submitted by the due date of 31
January following the end of the tax year. In order that we can
do this, we need to receive all relevant information by 31 October
following the end of the tax year.
e) To forward to us on receipt, 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 changes in your circumstances if
they are likely to effect your tax position.
g) To advise us immediately about any theft of stock/cash or assets
from the business.
h) To provide full disclosure to us of all assets/monies introduced
into the business together with satisfactory evidence of the source
of any such introductions.
Other
Services and General Tax Advice
We
will be pleased to assist the partnership in tax matters if you
so require. To enable us to do this you need to instruct us in
good time.
Because tax rules change frequently you must ask us to review
any advice already given if a transaction is delayed or if an
apparently similar transaction is to be undertaken. It is our
policy to confirm in writing advice upon you may wish to rely.
We will be pleased to advise on any of the following tax matters
if so requested and these will be the subject of a separate engagement:
- Pay
As You Earn including year end returns and matters relating
to your employees;
- Forms
P11D;
- Obligations
under IR35;
- Returns
for subcontractors;
- VAT
Returns
Professional
Rules and Practice Guidelines
We
will observe the by-laws, regulations and ethical guidelines of
the Institute of Chartered Accountants in England and Wales and
accept instructions to act for the business on the basis that
we will act in accordance with those guidelines. In particular,
you give us authority to correct Inland Revenue errors. A copy
of these guidelines is available for your inspection in our offices.
Client
Monies
We
may, from time to time, hold money on your behalf. Such money
will be held in trust in a client bank account, which is segregated
from the firm's funds.
Retention
of 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 (or notify you to collect them from us) following preparation
of the accounts and Partnership Tax Return, subject to our fees
for any such work having been paid accordingly. You should retain
them for 7 years following the end of the tax year. This period
may be extended if the Inland Revenue enquire into the Partnership
Tax Return.
Should for any reason, e.g. cessation of business, any records
be held in storage for a period longer than 3 months from final
instruction and due notification from ourselves relating to collection
of records, we reserve the right to make a charge on an annual/pro
rata basis of £50 plus VAT for storage in archive.
Quality
of Service
We
aim to provide a high quality service at all times. If you would
like to discuss with us how our service 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. If we do
not answer your complaint to your satisfaction you may take up
the matter with the Institute of Chartered Accountants in England
and Wales.
Limitations
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 due care and diligence. 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 will
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.
Electronic
Communication
As
Internet communications are capable of data corruption we do not
accept any responsibility for charges made to such communications
after their dispatch. For this reason it may be inappropriate
to rely on advice contained in an e-mail without obtaining written
confirmation of it. All risks connected with sending commercially
sensitive information relating to the business are borne by you
and are not our responsibility. If you do not accept this risk,
you should notify us in writing that e-mail is not an acceptable
means of communication.
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 part irrevocably
waives any right it may have to object to any action being brought
in those courts, to claim that that action has been brought in
an appropriate forum, or to claim that those courts do not have
jurisdiction.
In common with all accountancy and legal practices, the firm is
required by the Proceeds of Crime Act 2002 and the Money Laundering
Regulations 2003 to:
-
Maintain identification procedures for all new clients;
- Maintain
records of identification evidence;
- Report-in
accordance with the relevant legislation and regulations-to
the National Criminal Intelligence Service.
Data
Protection
To
enable us to discharge the services agreed under this engagement,
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,
we may obtain, use, process and disclose personal data about you.
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, the Data Controller in relation
to personal data supplied about you is Gwen Brookes.
Agreement
of Terms
In
due course we will require you to confirm your acceptance of these
Terms & Conditions, in writing, before we are able to act
on your behalf.
This letter of acceptance will supersede any previous engagement
letter for the period concerned. Once agreed the 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.
Michael
Brookes & Co / Dated 01 Jan 2008
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