Premier Protection Client Service. Master Agreement

Transcription

1 Premier Protection Client Service Master Agreement

2 Premier Protection Client Service Master Agreement Important: We must receive requests to use the Premier Protection Client Service in writing during the period of your inclusion in it. We will, at our discretion, represent you in respect of any operative enquiry, review, intervention or audit if the Premier Protection Client Service fee has been paid. We will represent you as long as (a) (b) (c) we receive your request to use the Premier Protection Client Service in writing during the period of your inclusion in it; and any operative enquiry or dispute is within the United Kingdom of Great Britain and Northern Ireland; and for any alleged liability to tax, National Insurance Contributions or for underpayment of the National Minimum Wage, it is always more likely than not that your liability will be reduced. Meaning of words in this agreement Important: If we explain below what a word means, it will have the same meaning wherever it appears in this agreement You/your As shown in your letter of engagement Premier Protection Client Service A service for clients in respect of whom we act as tax return agent. Client A Premier Protection Client Service customer We/us/our The practice name shown on your individual Premier Protection Client Service Summary document HMRC HM Revenue and Customs Representative We, or other suitably qualified person or firm we have appointed to assist us in acting for a client in accordance with the terms of this agreement. Period of Service The period for which inclusion in the Premier Protection Client Service has been agreed and the fee paid. Represent/Representing/Representation Representing your interests during an operative enquiry, review or intervention after we have accepted your request to use the Premier Protection Client Service in writing. 1

3 Operative Enquiries, Reviews and Interventions HMRC Enquiries, Reviews, Interventions and Audits What is included Representing you during 1. an enquiry by HMRC into your Self Assessment return or Repayment Claim following the issue of a notice under (a) Section 9A, Section 12AC or Schedule 1A of the Taxes Management Act 1970; or (b) Paragraph 24, Schedule 18 of the Finance Act 1998; or 2. a review, intervention or audit by HMRC relating to your compliance with Self Assessment, PAYE, Social Security, Construction Industry, IR35, VAT, Natiional Minimum Wage or Gift Aid legislation and regulations arising from an enquiry or request for review or audit by HMRC including any consequent dispute with HMRC after the issue of an assessment, computation of liabilities, written decision, notice of VAT civil penalty or notice of underpayment of the National Minimum Wage; and any consequent appeal to the First-tier Tribunal (Tax), Upper Tribunal (Tax and Chancery) or Employment Tribunal and any appeal against such a tribunal s decision. provided that (i) your statutory returns, appropriate to the Premier Protection Client Service and into which HMRC could enquire when the enquiry, review, intervention or audit arises, were submitted to HMRC within their statutory time limits or, if they were not, a) no more than one of the last four such consecutive statutory returns due for submission monthly or quarterly; and/or b) no more than one of the last two such consecutive statutory returns due for submission annually were submitted, or remain un-submitted, more than 90 days after their due submission date, unless HMRC accepts the reason for the delay; (ii) (iii) (iv) (v) (vi) where a return has not been issued, you have notified HMRC within the statutory time limits of chargeability to tax; and, if appropriate, your operation of PAYE, your use of subcontractors in the construction industry and; you have registered for VAT where required; we are your Self Assessment tax return agent when an enquiry, review, intervention or audit commences; we agree to any appeal; in respect of any non-written enquiry, intervention or request for review by HMRC you had at least 60 days of continuous entitlement to your Premier Protection Client Service before the enquiry, intervention or request for review arose; and regarding any Gift Aid review, intervention or audit, you must be a registered charity and be registered with HMRC to claim Gift Aid relief. 2

4 What is not included in this service 1. Where any circumstances of an enquiry, review, intervention or audit existed before you became entitled to use the Premier Protection Client Service and about which you ought to have known. 2. Any enquiry, review, intervention, dispute or audt (a) by, with or on behalf of HMRC Specialist Investigations or Criminal Taxes Unit; (b) carried out under HMRC Civil Investigations of Fraud procedure, Public Notice 160 or Section 60 of the VAT Act 1994; (c) where HMRC has issued a Code of Practice 8 or 9 leaflet; (d) concerning compliance with Tax Credits legislation; (e) concerning a failure to reconcile returns; (f) where you have unreasonably failed to implement changes or corrections identified and agreed with HMRC during a previous enquiry, review, intervention, dispute or audit. 3. Taxes, fines, penalties, interest, compensation, damages or wages which you may be required to pay. 4. The cost of preparing accounts, records or statutory returns and the cost of professional valuations to support them. 5. Compliance work that you could normally complete. 6. Any criminal prosecution. 7. Defending Employment or Industrial Tribunal or Civil Court legal proceedings. 8. Judicial review. 9. Representation if, either at the start or during the course of an enquiry, review, intervention or audit, you (a) are bankrupt or have filed a petition for bankruptcy or a winding-up petition; or (b) enter into a deed of arrangement with creditors; or (c) are in liquidation; or (d) have put part or all of your affairs or property into the care or control of a receiver or administrator; or (e) cease to be a client of ours and no longer wish us to act as your representative. 10. Any matter relating to any non-contracting party s right to enforce all or any part of this agreement. The Contracts (Rights of Third Parties) Act 1999 does not apply to this agreement. 3

5 Conditions which apply to this service General conditions 1. Compliance You must keep to the terms and conditions of this agreement. 2. Alteration You must notify us immediately of any alteration which may materially affect this agreement. 3. Absolute Discretion We intend to represent you subject to the terms, conditions and limitations of this agreement but reserve the right to use our discretion in whether or not to provide you with or continue to provide you with the service under this agreement including any request you make to use the service. 4. Differences Any dispute arising out of this agreement may be referred to a suitably qualified person agreed upon in writing by the parties in dispute to decide the matter. Failing agreement as to who should decide the matter, the President of the Chartered Instiute of Arbitrators must be asked to nominate a suitably qualified person. Whoever loses the dispute will have to pay the costs of settling it. 5. Jurisdiction This agreement is governed by English law. 6. Acts of Parliament All Acts of Parliament within this agreement include, as the case may be, equivalent legislation in Scotland and Northern Ireland. 7. Variations Except as expressly provided for in this agreement, no variation or amendment of this agreement or oral promise or commitment related to it shall be valid unless committed to writing and signed by or on behalf of both parties. Service useage conditions 1. Information about the enquiry, review, intervention or audit (a) You must send us written details of any enquiry, review, intervention or audit as soon as possible. (b) You must, if we ask, complete and return an information form to us promptly along with any supporting information we require. (c) You must, at all times, give us or other suitably qualified person or firm we appoint to assist us, a full and truthful account of your affairs including relevant information. 2. Co-operation You must (a) co-operate fully with us or other suitably qualified person or firm we appoint to assist us, at all times; (b) follow our and their advice; (c) take all steps to minimise representation time. 3. Early settlement If representation costs could be recovered from an opponent and you settle or withdraw from an enquiry or dispute without our consent, which results in our recovery of representation costs being prejudiced, then representation will end at once and we will be entitled to invoice you for the costs we have incurred in representing you at our usual charge out rates. 4

6 4. Other agreements or insurance If you could be represented by means of another agreement or an insurance related scheme, we will require you to make a claim on the agreement or insurance for a rateable share of the costs we incur in representing you at our usual charge out rates and you must pay this amount to us. 5. Opinions We may at our discretion require you to obtain an opinion from counsel or other suitably qualified person at your expense as to the merits of a matter. If the opinion indicates that there are reasonable grounds to continue with the matter and we agree, the costs of the opinion will be paid by us. 6. Rights against other Parties We can take, in your name all steps necessary to enforce your rights against any other party at any time. Making use of the Premier Protection Client Service Notify us of any request to use the Premier Protection Client Service by faxing the opening HMRC enquiry, review or intervention letter or details of any dispute to us as soon as possible. We may ask you to complete an information form, which you should send us with the additional documentation requested on it. We will advise you in writing as to whether or not we accept your request. 5