TERMS AND CONDITIONS OF ENGAGEMENT
(see our Privacy Policy here) To streamline the client experience, Taxtips allows its clients to complete a form of personal details before arriving for their appointment. Taxtips clients will receive this form by either email or SMS message. If you have received and completed this form then you must first read the below terms and conditions of engagement before you sign it. These terms and conditions cover the services on offer by Taxtips and what you as the client are agreeing in return for us to provide such services.
1. What this Agreement is about
In this document when we use the words ‘we”, “us” or “Taxtips” we mean the Taxtips Branch referred to at the head of this D1 Authorisation and when we use the words “you” or “yours” we mean you, the client.
a) Accounting fee means the fee charged for preparing and lodging your tax return.
b) Assignment fee means the accounting fee, plus the BORAF and TROTS fees and charges payable to us for providing our services and any GST thereon.
c) BORAF fee means the handling fee charged as reimbursement for (amongst other things) transaction fees charged by financial institutions for making payments to you if you elect to have our fees deducted from your tax refund.
d) TROTS fee means the fee charged for making an on-the-spot payment to you (normally 7% plus GST calculated on the sum of the on-the-spot payment and all fees owing including BORAF fee); and
e) TROTS payment means the amount we will pay you under clause 4, calculated as your estimated tax refund less the assignment fee.
2. This document constitutes a binding agreement between you and us. It sets out the terms and conditions on which you engage us to take the steps and carry out the services described below and when payment falls due.
3. What services we will provide – generally
The services we will provide to you under this contract are as follows:
a) We will ask you to choose how you wish to deal with payment of your return and our fees. Your choices are:
(i) Pay our accounting fee directly when we prepare your return. This means that your expected refund will be paid to you as you direct.
(ii) Pay our accounting fee out of your expected tax refund. This means that we will recover our fee out of your refund when it is received and we will also charge the BORAF described above.
(iii) We will pay you your expected net refund on the spot (TROTS). If you elect to use this service, the provisions of paragraph 4 apply to the arrangement in addition to this paragraph 3 and we will provide you with a schedule of fees detailing the components of the assignment fee and how they are calculated.
b) We will prepare and lodge your tax return using the information you have provided to us as set out above and other information gathered during your consultation.
c) We will calculate the amount of tax refund due to you (your expected tax refund) based upon the information you provide. We will also calculate our estimated fees and costs, as set out below, and which are calculated in accordance with the schedule which is provided to you on request.
d) If you elect to have any fees deducted from your expected tax refund, you irrevocably authorise us to receive your tax refund and to deduct our accounting fees, BORAF and any GST from it before we disburse you the net amount of your refund.
e) We will receive your tax refund into our trust account and will check it to ensure that it is correct. We may also update your bank account details at this time if required.
f) On receipt of your tax refund and its disbursement as noted above, we will send you our invoice and a final statement detailing amounts received and disbursed, and subject to paragraph (g) below, this contract will then terminate.
g) Our obligations under this contract are subject to you providing us with accurate and full information regarding your tax return and your personal circumstances relating to it as noted in the questionnaire provided with this contract. Should you fail to provide us with accurate and full information, or otherwise breach your obligations under this contract, we reserve the right to provide the ATO with an amended return and/or to take action for recovery against you for any loss suffered as a result.
4. If we provide you with a Tax Refund on the Spot (TROTS)
If we provide you with a TROTS, the following provisions apply in addition to those set out in clause 3:
a) In consideration for us providing you with a TROTS payment, you hereby assign to us absolutely your right to receive, at our election, the expected tax refund from the ATO or such monies as are paid into our trust account arising from the lodgement of your tax return (”The assignment”).
b) We will pay you any remaining amount of your expected tax refund less the assignment fee and amounts paid to you under TROTS within 14 days of receipt of your tax refund by us.
c) The assignment fee will become payable to us only on receipt of payment from the ATO into our trust account. We will pay the assignment fee from the monies received from the ATO.
d) You hereby irrevocably authorise us to deal with the ATO about the receipt of your refund and you will provide us with all reasonable assistance to recover the amount from the ATO should that become necessary. To the extent required, you also authorise us to receive the tax refund paid by the ATO and to reimburse ourselves for the assignment fee and amounts paid to you under TROTS.
e) Our obligations under this contract are subject to you providing us with accurate and full information regarding your tax return and your personal circumstances relating to it as noted in the questionnaire provided with this contract. Should you fail to provide us with accurate and full information or otherwise breach your obligations under this contract, we reserve the right to provide the ATO with an amended return and/or to take action for recovery against you for any loss suffered as a result.
5. Your obligations under this contract
You agree that:
a) The information you have provided us in this form and in the preparation of your tax return is true and correct to the best of your knowledge and belief;
b) You will not make any changes to the information provided to the ATO in relation to your return without first having it approved in writing by us;
c) You have received the Taxtips schedule of fees and charges and have received or been given access to Taxtips’ Privacy Policy;
d) You irrevocably authorise us to:
(i) Lodge your tax return, business activity statement or any related amendment and deal with the ATO and other agencies as required on your behalf:
(ii) collect the information set out in this form;
(iii) sign your tax return and other related information and also make the necessary declarations on the tax return if you are unable or unavailable to sign;
(iv) bank your tax refund however received into our trust account;
(v) make the payments and disbursements referred to in this service agreement; and
(vi) perform all other tasks to facilitate the performance of this contract.
e) You understand that we may:
(i) disclose information kept about you on a credit information file to a credit reporting agency to assess your credit worthiness;
(ii) listen in, disclose or seek information from any party you may owe money to including ATO, Child Support Agency, Centrelink etc; and
(iii) disseminate information between Taxtips branches as necessary.
f) You understand the authorities you have given us are continuing as required to enable us to complete our obligations under this agreement.
We agree to provide the above services.
I agree to the TaxTips terms and conditions of engagement and acknowledge that I will be charged the fees described above for the services I have selected and a schedule listing all fees will be provided to me.
6. Important additional information for clients
Clients are advised that the Tax Practitioners Board (“TPB”) maintains a register of authorised tax agents which can be accessed via the link: https://www.tpb.gov.au/public-register
The TPB register contains tax agent information and provides an online process for lodging a complaint against a tax agent via: https://www.tpb.gov.au/complaints.