Engagement Letter and Terms & Conditions

Thank you for choosing Anytime Tax to assist with your individual tax return. This engagement letter outlines the key terms of our services, so please read it carefully. By proceeding with our services, you agree to these terms.

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Scope of Services

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We will prepare and lodge your individual income tax return based on the information you provide.  Our services are limited to this scope and do not include financial advice, tax planning, audits, or services not explicitly requested.

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Appointment of Tax Agent/Australian Tax Office (ATO) Authorisation

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By engaging with Anytime Tax, you agree to authorise us to add this entity to our ATO Tax Agent Portal (Online Services for Agents), using your entity/individual Tax File Number (TFN) you supply to us as the unique identifier. We will act on your behalf in respect to your dealings with the Australian Taxation Office.

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As your authorised tax agent, we will be:

• Adding you to our client list on the ATO Tax Agent view of the portal.

• Adding you to our SBR-enabled software client list

• Representing you in the dealings with the Commissioner in relations to a tax and BAS provision.

• Preparing and lodging activity statements, payment summary Information and Tax returns

• Having access to activity statements and related information that may be provided.

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This letter will be effective for future years unless you advise us in writing, or if we are removed from being your authorised tax agent within the ATO Tax Agent Portal.

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Your Responsibilities

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You are responsible for providing accurate and complete information necessary to complete your return, in a timely manner and in advance of any applicable due dates.  You must retain your records for at least 5 years and review your return before it is lodged.

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Our Responsibilities

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We will act professionally and in accordance with Australian tax laws and ethical standards. We will maintain confidentiality and comply with privacy requirements. We will communicate any concerns or clarifications needed during the preparation of your return prior to lodgment.

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Privacy and Confidentiality

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We handle personal information in line with the Privacy Act 1988. Your information may be stored securely, including with cloud-based providers. We do not share your information unless required by law or with your consent.

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Communication and Electronic Correspondence

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You consent to communication via email, SMS, and other electronic means. While we take steps to secure your data, electronic communication is not guaranteed to be secure or error-free.

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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.  

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Unanticipated Services

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If there is additional work that you wish us to carry out, any additional work will be quoted to you before the commencement of said additional work. Once the scope of the additional work is agreed upon, we will issue an additional or updated letter of engagement via our online proposal system and will ask you to sign the new agreement before we commence the new work. Furthermore, you (the client) will agree that if an unanticipated need arises (such as an audit, an amended tax return or a personal financial statement required as part of a loan agreement), this additional work will be performed only after arriving at a mutually agreed-upon price and a Change of Service Request is accepted with a  signature.

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Lodgment & Processing Times

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All returns, reports or statements prepared by Anytime Tax are reviewed by either a Senior Consultant or our Registered Tax Agent. We aim to lodge all returns within 72 hours of receipt of all required documents for online/email returns and within the same timeframe from scheduled appointments for in person clients. Please note that during the tax season months of July to August, we may experience delays of up to 7 days in lodging your tax return. ATO processing times from receipt of a lodged return or report are within 28 days of lodgment.

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Statutory Due Dates

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Where client information is not provided to our firm within 5 business days of a statutory due date, we may impose an additional surcharge of 30% to complete works by the due date to ensure your compliance obligations are met. Where works are required to be completed by our firm within a 48-hour timeframe then a surcharge of 50% in addition to our standard fees may apply to complete work by the due date to ensure your compliance obligations are met. Interests/Penalties In the instance that we engage with Commercial Credit services to retrieve any amounts unpaid by a client, a 10% surcharge will be added to the total invoice amount, which must be paid by you, in addition to any 3rd party related fees incurred. We reserve the right to charge interest at the maximum rate prescribed in Rule 75 of the General Rules on any unpaid amount after the expiry of 30 days after a tax invoice is given to you. The maximum interest rate prescribed under the General Rules is the Cash Rate Target set by the Reserve Bank of Australia plus 2%. Our tax invoices will specify the interest rate to be charged.

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Fees and Payment

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Our fees are discussed prior to commencement and are due upon completion of your return. If additional services are required (e.g. amendments or prior year returns), these may be quoted separately. Fees paid are for the preparation of your tax return and appointment time. All fees are due and payable prior to any form or return being lodged to the ATO.

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Billing

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Services may be billed on a fixed rate or hourly billing rate. Where we cannot provide a fixed rate quote, we will quote an hourly rate in cases of project work where it is difficult to define the scope of the service required.  In the case where you have been quoted an estimate based on an hourly rate, Anytime Tax will inform you (the client) of the amount of time used before we issue the final bill and collect payment. Our professional fees will be based on our regular billing rates, plus direct out-of-pocket expenses and applicable GST, and are due when rendered. Fees for additional services will be established separately.

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Limitation of Liability

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Our liability is limited by a scheme approved under Professional Standards Legislation. We are not liable for losses due to incorrect or incomplete information provided by you. 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.

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How to make a complaint to the TPB

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If the client wishes to make a complaint about a tax agent service that has been provided by the registered tax practitioner, a complaint can be made in writing to the TPB via its website: https://www.tpb.gov.au/complaints

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Termination

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Subject to any statutory provisions that apply to the Services, and unless otherwise outlined in this Terms document, either party may terminate this engagement by giving not less than 28 days written notice expiring at the end of a month of the term. You will be required to pay our costs incurred up to the date of termination. Either party may terminate this engagement immediately if the other commits any material or persistent breach of its obligations under this agreement, in particular the Terms and Conditions set out in the Engagement Letter (which, in the case of a breach capable of remedy, has not been remedied within 7 days of discovery by the party in breach), or if the other becomes insolvent.

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In addition, we may terminate this engagement on reasonable notice if any of the following circumstances occur:

• you fail to pay our accounts on time

• You fail to provide us with requested information

• you fail to provide us with adequate instructions

• your instructions involve acting contrary to the interests of another client, or the law

• a conflict of interest has arisen, or it is not appropriate for us to continue to act on your behalf

• for any other reasonable and just cause.

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In addition to our other rights, upon termination you will be required to pay our charges for work done, and for any expenses incurred up to the date of termination together with our reasonable costs and expenses incurred in connection with the early termination of this engagement.  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.

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Acceptance of Terms

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By attending your appointment or continuing to engage our services, you acknowledge and accept these terms. If you have any questions, please contact us before proceeding. We are here to ensure your tax return is completed smoothly, accurately and with minimal stress.