Fees and Payments
- Fee Structure: The tax return preparer shall charge a fee for the tax return preparation services rendered. The fee structure will be communicated to the client and agreed upon in advance. The fees may be based on an hourly rate, a fixed fee per tax return, or any other mutually agreed-upon arrangement.
- Payment Methods: The tax return preparer accepts payments via cash, credit card via Canopy portal, check, or electronic transfer (such as bank transfer or online payment platforms). The client shall select a convenient payment method from the available options.
- Deposit or Retainer: The tax return preparer may require an initial deposit or retainer fee before commencing the tax return preparation process. This deposit or retainer will be applied towards the final fee and is non-refundable, unless otherwise agreed upon.
- Due Dates: The client shall make full payment of the tax return preparation fees by the agreed-upon due date. The due date will be clearly communicated during the engagement process. In most cases at the completion of the tax return.
- Late Payment Penalties: In the event of late payment, the tax return preparer may impose late payment penalties, which will be communicated to the client prior to commencing the services. The penalties may accrue on a per-day or per-week basis.
- Disputed Fees: Any disputes concerning the fees charged must be raised within a reasonable timeframe, as specified in the agreement. Both parties shall make reasonable efforts to resolve any disagreements in good faith.
- Additional Expenses: The tax return preparer may require reimbursement for any additional expenses incurred, such as postage fees, courier charges, or fees for obtaining copies of relevant documents or tax forms. These expenses will be communicated to the client prior to their occurrence.
- Termination of Services: In the event that services are terminated prior to the completion of tax return preparation, fees will be calculated based on the work completed up until the termination date, as determined by the tax return preparer's professional judgment.
- Taxes or Levies: All fees quoted by the tax return preparer are exclusive of any applicable taxes or levies, unless explicitly stated otherwise. The client shall be responsible for any and all taxes or levies imposed on the fees charged.
Confidentiality:
- Definition of Confidential Information: The tax return preparer acknowledges that the client's financial and personal information provided for tax return preparation is highly sensitive and confidential. Confidential information includes, but is not limited to, the client's income details, social security number, financial statements, receipts, and any information pertinent to the tax return preparation.
- Duty of Confidentiality: The tax return preparer agrees to maintain strict confidentiality and exercise the utmost care in handling and protecting the client's confidential information. The tax return preparer shall not disclose, share, or use the client's confidential information for any purpose other than the agreed-upon tax return preparation services, except as required by law.
- Access and Restriction: The tax return preparer shall restrict access to the client's confidential information to authorized personnel only. Only those employees or agents who require access to such information to perform their duties related to the tax return preparation will be granted access, and only on a need-to-know basis.
- Non-Disclosure Obligation: The tax return preparer shall ensure that all authorized personnel who have access to the client's confidential information are informed of their obligation to maintain strict confidentiality. This obligation shall continue even after the termination of this agreement.
- Use of Third Parties: In certain cases, the tax return preparer may engage the services of third-party contractors or service providers. The tax return preparer shall ensure that any third party involved in the tax return preparation process is subject to the same level of confidentiality and has appropriate safeguards in place to protect the client's confidential information.
- Data Security Measures: The tax return preparer shall implement reasonable security measures to safeguard the client's confidential information from unauthorized access, use, or disclosure. This may include physical, electronic, and procedural safeguards designed to protect against potential threats and breaches.
- Legal Requirements and exceptions: The tax return preparer understands that there may be circumstances where legal or regulatory requirements necessitate the disclosure of client information. In such cases, the tax return preparer shall make reasonable efforts to notify the client of any such disclosures, unless prohibited by law.
- Confidentiality Survives Termination: The obligations and duties of confidentiality shall continue to apply even after the termination of this agreement.
Privacy and Data Security:
- Compliance with Applicable Laws: The tax return preparer is committed to complying with all applicable data protection and privacy laws, regulations, and industry best practices. This includes, but is not limited to, laws such as the General Data Protection Regulation (GDPR) and any local data protection laws or regulations.
- Secure Storage: The tax return preparer will store client data in a secure manner to prevent unauthorized access, loss, or theft. The tax return preparer will employ industry-standard security measures, including physical, technical, and administrative safeguards, to protect client data.
- Access Control: Access to client data will be restricted to authorized personnel only. The tax return preparer will implement access controls, such as strong authentication methods and user permissions, to ensure that only authorized individuals can access and handle client data.
- Data Transmission: The tax return preparer will take precautions to ensure the secure transmission of client data. This may include using encryption technologies, such as Transport Layer Security (TLS), when transmitting data over networks or through electronic communication channels.
- Disposal of Data: The tax return preparer will dispose of client data in a secure manner when no longer needed. This may involve shredding physical documents and deleting electronic files or employing reputable third-party service providers for secure data destruction, ensuring that no sensitive information remains accessible.
- Employee Training and Awareness: The tax return preparer will provide regular training and awareness programs to its employees, contractors, and agents to ensure they understand the importance of privacy and data security. This includes educating them about their responsibilities in handling client data and the potential risks associated with data breaches.
- Incident Response: In the event of a data breach or any unauthorized access to client data, the tax return preparer will have incident response procedures in place to promptly respond, investigate, and mitigate the impact of such incidents. The tax return preparer will also notify the affected clients and appropriate authorities as required by law.
- Third-Party Providers: If the tax return preparer engages third-party providers for support services, such as cloud storage or IT infrastructure management, the tax return preparer will take reasonable steps to ensure that these providers have policies and safeguards in place to protect client data.
It is important to note that despite best efforts, no method of data transmission or storage is completely secure. The tax return preparer cannot guarantee absolute security but will take reasonable measures to protect client data. Clients should also take appropriate precautions when transmitting sensitive information.
Responsibilities of the Client:
- Provision of Accurate and Complete Information: The client shall provide the tax return preparer with accurate and complete information necessary for the preparation of their tax returns. This includes, but is not limited to, income details, expenses, deductions, credits, and any other relevant financial information. The client acknowledges that any errors or omissions in providing accurate information may affect the accuracy of the prepared tax returns.
- Timely Submission of Required Documentation: The client shall submit all required documentation, such as income statements, expense records, receipts, and relevant tax forms, in a timely manner. This allows the tax return preparer to effectively and accurately prepare the tax returns within the designated timeframe.
- Disclosure of Relevant Changes: The client shall promptly inform the tax return preparer of any changes in their financial or personal circumstances that may impact the tax return preparation process. This includes changes in employment, marital status, dependents, or any other significant events that may affect the client's tax situation.
- Compliance with Tax Laws: The client acknowledges their responsibility to comply with applicable tax laws, regulations, and reporting requirements. The client shall provide the tax return preparer with accurate information to ensure compliance with these laws, and should seek guidance from the tax return preparer or a qualified tax advisor for any uncertainties or questions related to their tax obligations.
- Review of Prepared Tax Returns: The client shall carefully review the prepared tax returns for accuracy and completeness before signing and authorizing their filing. The client shall promptly notify the tax return preparer of any errors or concerns discovered during the review process.
- Payment of Fees: The client shall make timely payment of the agreed-upon fees for the tax return preparation services, as outlined in the Fees and Payment Terms section of the agreement.
- Retention of Documents: The client should retain copies of all tax-related documents and records provided to the tax return preparer, as well as copies of the filed tax returns. It is the client's responsibility to maintain these documents for the recommended period as required by tax authorities or applicable laws.
- Compliance with Agreement: The client agrees to comply with all terms and conditions stated in this agreement, including confidentiality obligations, privacy requirements, and any other provisions relevant to the tax return preparation services.
Limitations of Liability:
- Errors and Omissions: While the tax return preparer will exercise due care and diligence in preparing the tax returns, it is important to acknowledge that errors, omissions, or inaccuracies may occur. The tax return preparer's liability shall be limited to rectifying or correcting such errors to the best of their ability.
- Compliance with Legal and Professional Standards: The tax return preparer will perform their services in accordance with applicable legal and professional standards. However, the tax return preparer's liability may be limited by legal regulations, professional rules, or industry standards that govern their practice.
- Client's Review and Verification: The client bears the ultimate responsibility for reviewing and verifying the accuracy and completeness of the tax returns prepared by the tax return preparer. It is important for the client to carefully review the tax returns before signing and filing them to ensure accuracy and compliance with applicable tax laws.
- Reliance on Client-Provided Information: The tax return preparer relies on the accuracy and completeness of the information provided by the client for the tax return preparation process. The tax return preparer shall not be held liable for any errors, omissions, or inaccuracies resulting from incomplete or incorrect information supplied by the client.
- Reliance on Third-Party Information: The tax return preparer may rely on information from third parties, such as financial institutions or employers, for the completion of the tax returns. The tax return preparer shall not be held liable for any errors, omissions, or inaccuracies in information received from such third parties.
- Limitation of Damages: In no event shall the tax return preparer be liable for any indirect, incidental, consequential, special, or punitive damages arising out of the tax return preparation services, including, but not limited to, loss of profits, savings, or business opportunities.
- Maximum Liability: The maximum liability of the tax return preparer for any errors, omissions, or inaccuracies in the tax returns prepared shall be limited to the amount of the fees paid by the client for the tax return preparation services.
Termination:
Either party has the right to terminate this agreement under certain circumstances. The termination clause outlines the conditions for termination and any applicable notice periods. Below is a sample description:
- Termination for Convenience: Either the tax return preparer or the client may terminate this agreement at any time for convenience, without assigning any reason. Prior written notice should be provided to the other party, specifying the intended termination date. The notice period for termination for convenience shall be [insert notice period, e.g., 30 days].
- Termination for Material Breach: Either party may terminate this agreement in the event of a material breach by either party.
Disputes
North Carolina laws will apply to the preparation of personal income tax returns. This means that individuals or entities involved in the preparation of these tax returns would be required to adhere to the specific laws and regulations outlined by the state of North Carolina.
Additionally, any disputes or disagreements related to the preparation of personal income tax returns, as governed by the agreement, would be resolved within the jurisdiction of North Carolina. This typically means that any legal actions or proceedings arising from such disputes would be handled through the North Carolina court system.
"This agreement constitutes the entire understanding between the parties and supersedes any prior or contemporaneous agreements, whether written or verbal, relating to the subject matter herein. No modification or amendment to this agreement shall be valid or binding unless in writing and duly executed by both parties."
If you submitted your e-mail address to us for any purpose, we may contact you to invite you to prepare your tax return with us. Our Commitment This privacy policy applies to our current and former customers and has been in effect since January 21, 1988. Because privacy is important, we pledge to work with you to protect and safeguard the security of your personal customer information. If you have any questions about this privacy policy, you may contact us by e-mail jon@nctaxprep.com
2500 Regency Parkway
Cary NC 27518
919-267-6901