Thank you for instructing us to attend to the accounting and/or taxation requirements of yourself or business. This letter of engagement document is an agreement in which the terms of the engagement with us are specified in writing (hereinafter referred to as the “Engagement”). Please read it and make sure that you understand the scope of our engagement.
If the terms of Engagement are acceptable, please sign this Engagement Letter and return same to our office, alternatively, you can sign the declaration made available on the TCA Fee structure sheet when you attend the office for an appointment. Do not hesitate to contact our office if you do not understand, or wish to discuss, any aspect of the terms of the Engagement.
If you do not return the signed Engagement Letter yet you continue to provide us with instructions regarding your matter, the terms and information provided in this engagement letter will bind us both.
For the purpose of this Agreement, any reference to “You” shall be read and construed as a reference to the Client or Clients herein. We are required by the Accounting Professional & Ethical Standards Board (pursuant to APESB 305) to set out the terms of our Engagement as follows:
1. Purpose of the Engagement
The purpose of this Engagement document is to set out and confirm our understanding of the Terms of Engagement.
2. Objectives of the Engagement
The objectives of the Engagement are to perform the work as set out in the Scope of the Engagement. We make reference to the fact that in meeting our objectives:
- procedures to be performed will be limited exclusively to those related to the Engagement;
- neither an audit nor a review will be conducted and accordingly, no assurance will be expressed (if applicable); and
- unless otherwise agreed, the Engagement cannot be relied upon to disclose irregularities, including fraud, other illegal acts and errors that may occur.
3. Scope of Engagement
The work you require us to do is specified by the appointments booked, written quotations accepted by you, or requests made in writing by you
Subject to any agreement to the contrary, the work is limited to the above.
4. Engagement Output
We consider it appropriate to advise you of the following in relation to the Engagement Output as outlined above:
a) Engagement Commencement date: The date your appointment is scheduled to commence, the date our written quotation is accepted by you, or the date the requests are made in writing by you.
b) Expected timing. An expected timeframe for completion will be provided to you in writing in the event the task is not able to be completed the day the appointment is booked, or the request is made in writing to us.
c) Liability is limited for by a scheme approved under Professional Standards Legislation generally and with respect to you or another user of the results of the Engagement. We are not liable for any claim by you involving fraud, misrepresentation, willful default or other act of dishonesty by you or your employees, agents, assigns, representatives or purported employees, agents, assigns or representatives.
5. Relative Responsibilities, Privacy Protection and Confidentiality
You agree and acknowledge that you are solely responsible for the completeness and accuracy of the information supplied to us. You agree and acknowledge that we are responsible for ensuring that your confidential information acquired by us during the course of the professional work is not disclosed, except where consent has been obtained by you or where there is legal obligation to disclose the confidential information, or where there is professional duty to disclose the information, when not prohibited by law, and you have consented to the disclosure to:
- Comply with the quality review program of a member body or professional body; or
- Respond to an inquiry or investigation by a member body or regulatory body; or
- To protect the professional interests of a member in legal proceedings; or
- Comply with technical standards and ethics requirement.
6. Tax Services
A taxpayer is responsible to keep full and proper records in order to facilitate the preparation of a correct return. The return may be subject to later review by the Commissioner of Taxation. Under the taxation law such a review may take place within a period of four (4) years after tax becomes due and payable under the assessment. Where there is fraud or evasion there is no time limit in amending the assessment. Accordingly, you should check the return before it is signed to ensure that the information provided is accurate.
Where you are uncertain about the application of the taxation law to your particular circumstances, you may request a private ruling which will set out the Tax Commissioner’s opinion about the way the taxation law applies or will apply to you in your specific circumstances. A detailed description of the facts with all the supporting documentation must be provided in your private ruling application. The private ruling is ineffective if there is any material difference between the facts, the private ruling and what you actually do.
The Commissioner must administer the law in the way set out in the private ruling, unless it is found to be incorrect. If you disagree with the private ruling, you can lodge an objection against the ruling if it relates to income tax, fuel tax credit or fringe benefits tax. The time limit in lodging an objection is dependent upon whether you are issued an assessment for the matter covered in the private ruling.
7. Quality Review
In accordance to the relevant APESB standard our firm establishes and maintains a system of quality control. As a result, our files may be subject to quality review. By signing this engagement, you agree that, if requested, our files relating to this engagement will be made available for quality review.
The highest professional standard will be provided to you. If for any reason you feel that you have not received the service expected, please contact Sarah on 08 8981 3330 to discuss, in the first instance.
If you have any concern about the performance of the work performed by our staff, you should contact them in the first instance. You represent to us and promise to us that all information you provide to us is accurate and complete and that we can rely on same, for the purposes of carrying out the work. We will not accept responsibility for any matter or thing which is brought about or directly or indirectly arises (by act or omission or otherwise) as a result of any false representation that you have made to us or false information that you have provided to us.
9. Involvement of Others
We may consider it appropriate to involve external consultants or experts to be used in some aspects of the Engagement. An estimated cost, timeframe and involvement will be provided to you beforehand for your approval.
10. Outsourced Service
By signing this Engagement Letter, you accept the use of outsourced services by our firm. Where the outsourced service requires the disclosure of your personal information, we will take all reasonable steps to ensure that any personal information is secure and is treated in accordance with the Australian Privacy Principles as set out in our privacy statement which is accessible here; or at the bottom of our website home page www.tcadarwin.com.au..
11. Storage of Personal Information
By signing this Engagement Letter, you acknowledge and agree that your personal information may be stored in Australia or overseas as set out in our privacy statement which is accessible here; or at the bottom of our website home page www.tcadarwin.com.au.
You must provide all information and documents relevant to the proper performance of the work at the outset of the Engagement and during the Engagement. This includes promptly advising us of anything that occurs subsequently to render information already provided misleading or incomplete, or advising us of any change in your circumstances relevant to the work.
Before documentation is lodged on your behalf, drafts will be forwarded for your approval. Documentation will be lodged with the relevant departments by the due dates, provided all information and documentation is received promptly after the Financial Year End or once requested by TCA. This will allow us adequate time for preparation and lodgement. No responsibility will be accepted for any late lodgement penalties incurred.
14. Ownership of Documents and Termination of Engagement
We own any documents produced as a result of this Engagement or any documents provided by you for this Engagement including any electronic data. We will on completion of the work retain any paper documents for no more than seven (7) years on the understanding that we have your authority to destroy your file seven (7) years after the date of completion of the work. Documents deposited in safe custody with us will not be destroyed.
We may decide, in our discretion, to not continue with the Engagement in any one of the following circumstances:
- if you fail to pay our bills;
- if you fail to provide us adequate instructions in a timely and reasonable fashion;
- if you give us instructions that are deliberately false or intentionally misleading;
- if we have conflict of interests;
- if you indicate to use that we have lost your confidence;
- or for other just cause.
Where possible or appropriate, we will give you at least 14 days’ notice of our intention to terminate our agreement on grounds which the notice is based. You may terminate this agreement at any time, by reasonably notifying us in writing. If the agreement is terminated either by you or by us, you will be required to pay our professional fees and charges for work done, and the expenses and disbursements incurred, up to the date of termination.
For lump sum matters, you must pay the part of our lump sum fee that we reasonably estimated has been incurred in respect of the tax and accounting services provided to you up to the date of termination, plus charges, expenses and disbursements. On termination of this Engagement, we are entitled to retain possession of any documents while there is money owing to us for charges and expenses.
15. Professional Fees and Payments
We sell services - not products, so payment is required for the services rendered. For example, if you have made an appointment with one of our staff to have your tax return prepared and you are not satisfied with the outcome and request for us not to lodge the tax return, you will still be required to pay the service fee.
Fee Structure for fixed fee services
Please refer to our website www.tcadarwin.com.au where pricing for our fixed fee services are detailed along with the time allocated for each appointment type. In the event additional time is required to complete your service due to complexities or advice needed, the below hourly rates will apply. We will provide you with an itemized account of professional fees, costs and disbursements once the service has been completed.
Fee Structure for services provided at hourly rates
We will charge you for the work we do based on hourly rates, inclusive of GST. The hourly rates charged by our staff are:
- Administration (i.e., day to day data processing) $70.00
- Bookkeeping & Accounts Management (i.e., compliance and reporting) $99.00
- Managers time for meetings, consulting, reports $120.00
- BAS and Instalment Lodgment $180.00
- Tax, Accounting & Business Advisory $180.00
All our work is billed in 15 minute increments.
Unless otherwise agreed, terms are strictly Payment up front for services rendered and invoiced. Should the account be unpaid by the due date, we reserve the right to use a debt collection agency or other legal means to recover outstanding fees. If we incur any costs for payment collection, such as solicitor fees and collection agency fees, you agree to indemnify us for all such costs.
16. Commonwealth and State Taxes and Duties
Any Commonwealth and/or State Taxes and Duties, including the Goods and Services Tax (GST), imposed by legislation will be due and payable together with any other fees.
17. Client Acknowledgement and Confirmation
By signing this section of the Engagement Document, you irrevocably and unconditionally provide to us (to the extent permitted by law) your acceptance, agreement and acknowledgment of the following:
- That you have read, understood and agreed to be bound by the Terms and Conditions of this Engagement Document; and
18. More than one client
If we are acting for more than one of you, you irrevocably and unconditionally consent to any conflict (if any) that may arise and you hereby authorise us to accept instructions from one of you, as instructions coming from the other, without having to revert to the other. You will each be severally and jointly liable for any fees, charged or disbursements incurred. You understand that you may choose to receive independent advice, as to this agreement.
19. Consent as to mode of communication
We prefer that any instructions from you should be provided to us in writing hard copy format, at our offices, in person. We understand, however, that you wish to communicate with us and that you may wish that we communicate with you by mail at any address you have provided to us or may provide to us from time to time (hereinafter “the Address”) and/or by fax, email, telephone (including Mobile phone or SMS) or other electronic means (hereinafter “electronic communication”) and you hereby authorize us and request us to communicate with you at the Address and/or by way of electronic communication, during and after termination of our services. You also understand that as such electronic communication is not secure it may be copied, recorded, read or interfered with by third parties while in transit and accordingly, you release us from any claim you may have as a result of any unauthorized copying, recording, reading or interference with any document that we send or receive by way of electronic communication, or for any delay or non-delivery of any document and for any damage caused to your system or any files by a transfer by way of electronic communication.
20. CONFIRMATION BY CLIENT
By signing this Section of the Engagement Letter, or the section presented on the TCA Fee structure sheet you irrevocably and unconditionally provide to us (to the extent permissible by law) your joint and/or several acceptance agreement and acknowledgement of the following:
That you have read and understood and agree to be bound by the terms and conditions of this engagement letter (Tax & Accounting);
ClientName Client Signature
- SIGNATURE OF DIRECTOR
Signature of Director
Dated: END OF DOCUMENT