Terms of Engagement
TERMS & CONDITIONS
YOUtax Pty Ltd
These terms and conditions form part of the engagement between YOUtax Pty Ltd (“YOUtax”, “we”, “us”, “our”) and the parties we are servicing.
The Letter of Engagement we will provide is to confirm our understanding of the terms of our engagement and the nature and limitations of the services that we provide. YOUtax Pty Ltd reserves the right to amend these terms and conditions from time to time without prior notice.
Purpose, Scope and Output of the Engagement
YOUtax Pty Ltd (Agent registration 25213800, Tax Agent Services Act 2009 (TASA)) will provide Income Tax Preparation Services, which will be conducted in accordance with the relevant professional and ethical standards issued by the Accounting Professional & Ethical Standards Board Limited (APESB) and the Tax Practitioners Board (TPB). The extent of our procedures and services will be limited exclusively for this purpose only.
As a result, no audit or review will be performed and, accordingly, no assurance will be expressed. Our engagement cannot be relied upon to disclose irregularities including fraud, other illegal acts and errors that may exist. However, we will inform our clients of any such matters that come to our attention.
Period of Engagement
Our engagement starts on the date of signed acceptance and is valid until our service is terminated in writing. We will not deal with earlier periods unless specifically asked by a client and we agree to perform that service.
In conducting any accepted engagement, the information acquired by us in the course of the engagement is subject to strict confidentiality requirements. That information will not be disclosed by us to other parties except as required or allowed for by law, or with express consent from the client.
Our firm’s system of quality control has been established and is maintained in accordance with the relevant APESB standard. As a result, our files may be subject to review as part of the quality control review program of CPA Australia which monitors compliance with professional standards by its members. We advise that by accepting our engagement it is taken that a client acknowledges that, if requested, our files relating to an accepted engagement will be made available under this program. Should this occur, we will advise the client in writing.
The Client is responsible for the reliability, accuracy and completeness of the taxation records, particulars and information provided and disclosure of all material and relevant information. Clients are required to arrange for reasonable access by us to relevant individuals and documents, and shall be responsible for both the completeness and accuracy of the information supplied to us. Any advice given to the Client is only an opinion based on our knowledge of the Client’s particular circumstances.
Taxpayers are responsible under self-assessment to keep full and proper records in order to facilitate the preparation of a correct return or activity statement. Whilst the Commissioner of Taxation will accept claims made by a taxpayer in an income tax return and issue a notice of assessment, usually without adjustment, the return may be subject to later review. Under the taxation law such a review may take place within a period of up to 4 years after tax becomes due and payable under the assessment. Furthermore, where there is fraud or evasion there is no time limit on amending the assessment. Accordingly, clients are required to check their prepared returns before signing to ensure that the information in the return is accurate.
Our Fees are as per our Fee Schedule on our website https://youtax.com.au/services/. Variation to our set fees will only occur if a variation of scope is determined. In this case the client will be advised of any fee changes and the appropriate variation will be signed by the client to confirm their acceptance. The payment terms for our services is generally 50 percent up front and the balance payable before lodgement of signed tax returns or activity statements. Other engagements may stipulate recurring monthly payment terms, depending on the service YOUtax Pty Ltd are providing. All other payments must be made within 7 days. Tax returns and activity statements will not be lodged with the ATO by YOUtax until the total payment amount, as set out in a signed engagement, is received in full.
Limitation of Liability
Our liability is limited by a scheme approved under Professional Standards Legislation. Further information on the scheme is available from the Professional Standards Councils’ website: “https://www.psc.gov.au/”
Use of our website, web forms and payment facility is at the sole risk of the user. YOUtax Pty Ltd do not guarantee uninterrupted operation of this website.
Ownership of Documents
All original documents obtained from the client arising from the engagement shall remain the property of the client. However, we reserve the right to make a reasonable number of copies of the original documents for our compliance records.
Our engagement will result in the production of Income Tax Returns and/or Activity Statements. Ownership of these documents will vest in the client. All other documents produced by us in respect of the engagement will remain the property of YOUtax Pty Ltd. No documents owned by YOUtax Pty Ltd will be passed on to 3rd parties without written or expressed consent from the client.
YOUtax Pty Ltd has a policy of exploring a legal right of lien over any client documents in our possession in the event of a dispute. We also have established dispute resolution processes.
Refunds will not be applied if the processing of a tax return has commenced. If there is an error or omission found within a lodged tax return, from the information that was provided to us prior to lodgement, we will complete an amended tax return free of charge. However, if an amendment is required as a result of additional information being provided after lodgement additional fees will apply.
Confirmation of Terms
In consideration of the above, YOUtax will, upon the acceptance of payment and completion and submission of documentation, apply the information provided in accordance with the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997 and any other Australian Taxation Office rulings as applicable.
By accepting our terms of engagement, clients indicate the services listed are in accordance with their understanding of the arrangements. These terms and conditions will be effective for future years, until changes are required. Any changes will replace the above and be made available on our website.
Last updated 2 April 2019