1.1 This letter sets out the basis on which Cartwright & Co Ltd are to act as your tax agent and adviser.
2. OUR SERVICE TO YOU
2.1 We will carry out the services initially agreed or additional services that are requested from us over time.
3. YOUR RESPONSIBILITIES: PROVISION OF INFORMATION BY YOU
3.1 To enable us to carry out our work you agree:
(a) that all accounts and tax 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 accounts and tax return to be completed and submitted by the appropriate deadline.
(e) to keep us informed about significant changes in your circumstances if they are likely to affect your tax position.
4. OTHER SERVICES AND GENERAL TAX ADVICE
4.1 We will be pleased to assist you generally in tax matters if you so require. To enable us to do this you will need to instruct us in good time.
4.2 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.
4.3 It is our policy to confirm in writing advice upon which you may wish to rely.
5. INVESTMENT ADVICE
We do not offer investment advice, but can recommend a trusted party to provide this service if required.
6. CLIENT MONIES
6.1 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.
6.2 We reserve the right to deduct any outstanding fees from client monies held before we forward the remainder to its ultimately intended recipient.
7. RETENTION OF RECORDS
7.1 During the course of our work we will collect information from you and others acting on your behalf and any original documents will be made available for collection following preparation of your accounts and tax return. You should retain them for 6 years from the 31 January following the end of the tax year. This period may be extended if the H.M. Revenue & Customs enquire into your tax return.
7.2 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. You must tell us if you require retention of a particular document.
7.3 We reserve the right to charge for storage of records, remaining uncollected for more than 2 months after submission of your return, and completion of all related work.
8. REGULATORY REQUIREMENTS
We reserve the right to disclose our files to regulatory bodies in the exercise of their powers.
9. QUALITY OF SERVICE
9.1 We aim to provide a high quality of 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 by contacting the company director, Steve Cartwright.
9.2 We undertake to look into any complaint carefully and promptly and to do all we can to explain the position to you.
10.1 Our charges are computed on the basis of fees for the time spent on your affairs (which depends on the levels of skill and responsibility involved) and disbursements incurred in connection with the engagement.
10.2 Our invoices are payable within 14 days of presentation, unless we are due to receive a tax repayment on your behalf. We reserve the right under the Late Payment of Commercial Debts (Interest) Act 1998 to charge interest at ½% per month or part thereof in the case of overdue accounts. We may also charge a reasonable administration fee in relation to debt collection work. We may also terminate our engagement and cease acting if payment of any fees billed is unduly delayed. However, it is not our intention to use these arrangements in a way which is unfair or unreasonable.
10.3 Any queries concerning an invoice should be raised within 7 days of issue.
11. LIMITATION OF LIABILITY
11.1 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.
11.2 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.
11.3 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.
11.4 Our aggregate liability to you or any other party, of whatever nature, whether in contract, tort or otherwise for any losses whatsoever and howsoever caused arising from or in any way connected with the services described within this engagement letter shall not exceed 100% of fees charged in a year including interest.
12. ELECTRONIC COMMUNICATION
As internet communications are capable of data corruption we do not accept any responsibility for changes made to such communications after their despatch. 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 your 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.
13. 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.
14. DATA PROTECTION ACT 1998
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.
15. MONEY LAUNDERING REGULATIONS 2007 AND PROCEEDS OF CRIME ACT 2002
We have a responsibility to report any suspicious transaction or activity uncovered in the process of carrying out our duties or otherwise. Should we discover such a transaction or activity, it is the duty of our Money Laundering Reporting Officer (MLRO) to report it to the relevant authorities without notification to the client. Our MLRO is Steve Cartwright.
16. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
A person who is not party to this agreement shall have no right 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.
Terms of Engagement