Cancellation Policy
A credit card is required for all appointments to confirm & hold your appointment. We ask for at least 48 hours’ notice as a courtesy if you need to cancel or reschedule your appointment. If you do not cancel within the 48 hours of your appointment you will be charged $100.00 with the credit card, you used to schedule your appointment.
Late Arrival Policy
A grace period of 15 minutes will be permitted for unforeseen delays a client may encounter while travelling to our firm for their appointment. If a client is more than 15 minutes late to their appointment, the appointment may be canceled and needs to be rescheduled. You will be charged the non-refundable deposit if the appointment must be cancelled due to your late arrival. This process will ensure clients that do arrive on time are seen in a timely manner.
We are required to obtain your consent before delivering communications electronically. Under this Consent, David York’s Tax Service, Inc. may provide all Communications electronically by email, by text message, or by making them accessible via David York’s Tax Service, Inc. website. Communications include, but are not limited to, (1) agreements and policies required to use the Services (e.g. this Consent, Cancellation Policy, Terms & Conditions, the Client Engagement Letter (2) payment authorizations and transaction receipts or confirmations, (3) account statements and history, (4) and all federal and state tax statements and documents, including your tax return. We may also use electronic signatures and obtain them from you.
Your Right to Receive Paper Communications. We will not send you a paper copy of any Communication we send to you in electronic form, unless you request it, or we otherwise deem it appropriate to do so. You may obtain a paper copy of an electronic Communication by emailing us at taxes@davidyorkstaxservice.com or contacting our office at 619-684-5005. A fee to request paper copies of Communications may be imposed as set forth in the Client Engagement Letter. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.
All Communications, Agreements and Disclosures ARE “In Writing”. The ESIGN Consent and Disclosure and all Communications, agreements, disclosure, and notices delivered or otherwise made available to you electronically are considered “in writing” and are available to you in a form you may keep by either printing or downloading the documents, or by requesting a paper copy from us.
Governing Law – This E-SIGN Act Consent and Disclosure is made in California and shall be governed by the laws of the State of California, to the extent that California law is not inconsistent with controlling Federal Law. California’s “Choice of Rules” will not be applied if it would result in the application of non-California law.
Federal Law. You acknowledge and agree that your consent to receive electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act (“ESIGN Act”), and that you and we both intend that the ESIGN Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
Termination or Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
If you prefer to complete this transaction in a paper format If you elect to receive requested document(s) in paper format, it will slow the speed at which we can complete the services with you because we will first need to send the documents to you in paper format and then wait until we receive the document(s) back from you.
Withdrawal of Consent to Electronic Communications
You may withdraw your consent to receive electronic Communications at any time, by emailing us at taxes@davidyorkstaxservice.com or contacting our office at 619-684-5005. Any withdrawal of your consent will be effective after a reasonable period for processing your request.
Hardware and Software Requirements – You must have at your cost: • A computer with Microsoft Windows® XP, Vista, or Windows 7 Operating System, or Apple Mac® OS X v10.x Operating System. Page 1 of 2 • Internet Explorer 8+, Mozilla Firefox 1.5+, Apple Safari 4.1.3+, or Google Chrome internet browser with 128-bit SSL encryption; JavaScript and cookies enabled. Other internet browsers may be used but are not supported. • Internet access and connectivity. • A valid operating email address. • Adobe Reader software to access and view documents provided to you in PDF format. • Sufficient memory and drive space capacity to download and save PDF documents to your computer. By affirmatively consenting, you confirm that you have access to the necessary hardware and software.
The following will apply to the agreement to provide service between David York’s Tax Service, Inc. (“Company”), and the individual or business entity identified on the appointment scheduled, engagement letter, request for services via email or any Agreement’s from the Company for said services (“Client”). These terms shall hereinafter be referred to as the “Agreement” between the two above-mentioned parties.
These terms and conditions are to confirm our understanding of the terms and objectives of our engagement and to clarify the nature and extent of the services we will provide. To ensure an understanding of our mutual responsibilities, we ask all clients for whom we provide services to confirm the following arrangements.
We will perform the services outlined in your engagement. You state that the information you are supplying to us is accurate and complete to the best of your knowledge and you have disclosed to us all relevant facts affecting the returns. We will not verify the information you give us; however, we may ask for additional clarification of some information.
It is your responsibility to provide all the information required for the preparation of complete and accurate services. You are responsible for maintaining an adequate and efficient accounting system for the proper recording of transactions in the books of accounts, for the safeguarding of assets, and for the substantial accuracy of the financial records. You should retain all the documents, canceled checks, and other data that form the basis of income and deductions. These may be necessary to prove the accuracy and completeness of the services. You have the final responsibility for services; therefore, you should review everything provided to you.
Our work in connection with the engagement does not include any procedures designed to discover defalcations or other irregularities, should any exist unless specifically engaged to do so. We will not audit or otherwise verify the data you submit unless specifically engaged to audit. Accordingly, our engagement cannot be relied upon to disclose errors, fraud, or other illegal acts that may exist. However, it may be necessary to ask you for clarification of some of the information you provide, and we will inform you of any material errors, fraud, or other illegal acts that come to our attention.
If we discover information that affects your prior year, we will make you aware of the facts. However, we cannot be responsible for identifying all items that may affect prior years. If you become aware of such information during the year, please contact us to discuss the best resolution of the issue.
We will use professional judgment in resolving questions where the tax law or GAAP or other accounting basis is unclear, or when conflicts exist between the authorities’ interpretations of the law and other supportable positions. Unless otherwise instructed by you, we will resolve such questions in your favor whenever possible.
You are responsible for adopting sound accounting policies, for maintaining an adequate and efficient accounting system, for safeguarding assets, for authorizing transactions, for retaining supporting documentation for those transactions, and for devising a system of internal controls that will, among other things, help assure the preparation of proper income tax returns. Furthermore, you are responsible for all management decisions and performing all management functions, and for designating a competent individual who possesses suitable skill, knowledge, or experience to oversee the tax services we provide. In addition, you are responsible for evaluating the adequacy and results of the tax services performed and accepting responsibility for such services.
In connection with this engagement, we may communicate with you or others via email transmission. As emails can be intercepted and read, disclosed, or otherwise used or communicated by an unintended third party, or may not be delivered to each of the parties to whom they are directed and only to such parties, we cannot guarantee or warrant that emails from us will be properly delivered and read only by the addressee. Therefore, we specifically disclaim and waive any liability or responsibility whatsoever for interception or unintentional disclosure of emails transmitted by us in connection with the performance of this engagement. In that regard, you agree that we shall have no liability of any loss or damage to any personal or entity resulting from the use of email transmissions, including any consequential, incidental, direct, indirect, or special damages, such as loss of revenues or anticipated profits, or disclosure or communication of confidential or proprietary information.
It is our policy to retain engagement documentation for a period of three years, after which time we will commence the process of destroying the contents of our engagement files. Any original documents provided during the engagement will be returned to you promptly upon completion.
The balance of our engagement file, other than a copy of your income tax return, which we will provide to you at the conclusion of the engagement, is our property and we will provide copies of such documents at our discretion along with compensation for any time and costs associated with the effort.
In the event we are required to respond to a subpoena, court order or other legal process for the production of the documents and/or testimony relative to information we obtained and/or prepared during the course of this engagement, you agree to compensate us for the time expended in connection with such response, and to reimburse us for all of our out-of-pocket costs incurred in that regard.
These engagement terms and conditions are contractual in nature and include all the relevant terms that will govern the engagement for which it has been prepared. The terms supersede any prior oral or written representations or communications by or between the parties. Any material changes or additions to the terms set forth in the terms and conditions will only become effective if evidenced by a written amendment to these terms and conditions signed by all parties.
Payments
The following terms and conditions apply to electronic and online delivery and presentation of your invoices by Company and the electronic and online methods you use to pay such invoices to Company. Payment Services are subject to these terms and conditions, and additional Company policies described below (collectively, this “Agreement”). In this Agreement, the terms “we” or “us” or “our” refer to Company, and the terms “you” or ““your” refer to you, the Client. If you do not wish to be bound by this Agreement, you should not use or access our services. Company may modify this Agreement at any time without notice to you. Modifications will be deemed effective immediately upon posting of the modified Agreement at www.davidyorkstaxservice.com or the designed link from our website. You should carefully read this Agreement, including the required use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and the limitations on the remedies available to you in the event of a dispute, as fully described in the “Dispute Resolution” section of this Agreement.
Payments and Fees: Client acknowledges that the Company is under no obligation to provide services under the terms of this Agreement until all stated charges have been paid-in-full, and Company has been able to adequately verify the validity of said payment. Recurring payments will become due and payable on the first day of the month following the completion of the first invoice term, and will continue as such for all subsequent invoices. All services that the Company offers are considered to be provided on a strictly prepaid basis.
If you provide Company your credit card information, you authorize company to automatically charge your provided credit card for all charges on your account, and Company will automatically charge your credit card for all such charges on the applicable billing due date shown on your billing statement. No chargebacks are available or permitted.
We may charge you an insufficient fund fee, up to the maximum rate allowed by law, if your payment is dishonored. In addition to our right to assess late payment fees, interest, and any other costs arising from our expenses to recover amounts you owe us if your payment is not made by the due date on your invoice, we may cancel service & tax returns &payroll filings may not be filed. You will be informed of such action if required by law. If you have any questions about your invoice or dispute a charge, please contact us. Except as otherwise provided by applicable law, you must notify the Company of any disputes concerning any charges within 30 days after the date of your invoice or credit card charge. You accept all charges not disputed within 30 days. To dispute a charge on your invoice, you must follow the dispute procedures described in the “Dispute Resolution” section of this Agreement.
Invoice Charges: All applicable and associated charges, the method by which we assess such charges to you, and your obligation to pay all such charges are described in the applicable terms and conditions for your services. All invoices are due at the time of services rendered, and all payments must be made in U.S. currency. If we use a collection agency or initiate any legal action to recover amounts due, you agree to reimburse us for all expenses we incur to recover such amount or pay all such costs and expenses associated with such collections efforts, including attorneys’ fees, our standard billing rate of $550 hourly and interest. We may charge you an insufficient funds or returned check fee, up to the maximum rate allowed by law, if your check, bank draft, electronic funds transfer, or other order for payment is dishonored or returned for insufficient funds or any other reason. In addition to our right to assess late payment fees, interest, and any other costs arising from our expenses to recover amounts you owe us if your payment is not made by the due date on your invoice, we may begin procedures to cancel all services. You will be informed of such action if required by law.
Service Rates: Client acknowledges that they have been made adequately aware of the initial rates and fees associated with services being rendered by the Company and have received a complete description of services to be rendered. The client also acknowledges that the Company reserves the right to change the specified rates and charges from time to time. Any rate change pertaining to tax preparation will be noted on our website scheduling page.
Our fees for services are based upon the amount of time required at standard billing rates, complexity of services, plus out-of-pocket expenses. All invoices are due and payable upon presentation. A 1-1/2% monthly interest charge (18% per annum) will be added to the balances unpaid after the invoice date.
Dispute Resolution Policy: Dispute Process-Most concerns can be resolved quickly and to your satisfaction by contacting the Company. If Company is unable to resolve a complaint you may have to your satisfaction or if Company has not been able to resolve a dispute it has with you after attempting to do so informally, then we each agree to resolve those disputes through binding arbitration or small claims court, instead of in courts of general jurisdiction.
Refund Policy: All services rendered by the Company are provided on a non-refundable basis. This includes, but it is not limited to, setup fees, monthly fees, professional services fees, and tax preparation fees. Customer agrees not to charge back any credit card payments for services rendered. If a customer files a charge back or other payment dispute, they will be in violation of this agreement and may be subject to collection action & fees associated with responding to charge backs at a rate of $550 hourly.
If there are any issues, please contact us in writing.
We want to express our appreciation for this opportunity to work with you. If you have any questions or need any additional information, please do not hesitate to call.
Dear Tax Client,
We appreciate the opportunity to work with you. To avoid any misunderstandings, it is important that the terms of our mutual understanding be clarified. This letter is to confirm and specify the terms of our engagement with you and to clarify the nature and extent of the services we will provide. To ensure an understanding of our mutual responsibilities, we require all clients for whom tax returns are prepared to confirm the following arrangements.
PRIVACY POLICY
It is the policy of David York’s Tax Service, Inc. to treat your information with the utmost confidentiality and care. Your personal information will only be shared with members of our firm or tax colleagues who need to know this information to complete the work you have hired our firm to do. We will not disclose your personal and confidential information to anyone outside our firm without your express written permission unless we are legally required to do so. We maintain physical, electronic, and procedural safeguards to protect your information. By signing this Individual Tax Engagement Letter, you assert you have reviewed our Privacy document.
SERVICES TO BE PROVIDED
We will prepare your _________________ Federal & State income returns from the information that you furnish to us. Our services are not intended to determine whether you have filing requirements in other taxing jurisdictions than the one(s) you have informed us of. We will not audit the data you provide. However, we may ask you to clarify some of the information. It is your responsibility to provide all the information necessary to complete your tax return and to maintain, in your records, the documentation (e.g. receipts, cancelled checks, calendars, and mileage logs) necessary to support the items of income and deductible expenses claimed on your tax returns. These may be necessary to prove the accuracy and completeness of the returns to the taxing authority. If your information is not complete at our meeting, you agree to submit all requested information within one week. Since you have final responsibility for the information on your tax returns, we highly recommend that you review the tax returns carefully before signing and filing them. If you have questions as to the records required, please ask us for advice in that regard. Our work regarding the preparation of your income tax returns does not include any procedures designed to discover defalcations and/or irregularities, should any exist. We will render such accounting and bookkeeping assistance as determined to be necessary for the preparation of the income tax returns.
YOUR RESPONSIBILITIES
It is your responsibility to provide all the information required for the preparation of complete and accurate tax returns, as well as retaining all documents necessary to support the data used in preparation of your tax returns. These may be necessary to prove the accuracy and completeness of the returns to a taxing authority. You should retain all documents, canceled checks and other data that form the basis of income and deductions. You are responsible for substantiating any amount upon which a deduction is taken on the return. The type of deduction taken will determine the specific substantiation needed.
Carefully review all work completed by our office before you sign. You have the final responsibility for anything submitted to a taxing authority.
FINANCIAL PLANNING DISCLOSURE AUTHORIZATION – IRC7216
We also offer planning for tax and investments, Social Security and retirement. Although we may answer questions that you raise in general terms during preparation of your tax return, the limited time available does not permit us to consider the entirety of your situation. As a result, this does not constitute and should not be considered, financial planning.
FILING OF RETURN and FEES
Taxing authorities now require us to electronically file (e-file) all tax returns. We are required to e-file all returns. Although e-filing requires both you and our Firm to complete additional steps, the same filing deadlines will apply. You must therefore ensure that you complete the additional requirements well before the due dates for our Firm to be able to timely transmit your tax returns. We will provide you with a paper or electronic copy of the income tax returns for your review prior to electronic transmission.
You have the final responsibility for the tax returns and should review them carefully before you authorize us to e-file them on your behalf. We are not responsible for the disallowance of doubtful deductions or inadequately supported documentation, nor for resulting taxes, penalties and/or interest.
We cannot transmit your returns to the taxing authorities until we have the fully signed authorization forms. Therefore, if you have not provided our Firm with your signed authorization forms 4 days prior to the due date for the current tax year, even though they might already have been completed, we cannot file on your behalf. In that event, you will be responsible for ensuring that any payment due with the extension is sent in a timely manner to the appropriate taxing authorities. You will also be responsible for any additional costs our firm incurs arising from the extension preparation. After completion of your tax return, we will provide you with a paper or electronic copy of your records.
All original documents which you provide to us for use in the preparation of your return will be returned to you with your tax returns for the year.
You represent that the information you are supplying to us is accurate and complete to the best of your knowledge, and that these expenses are supported by records as required by law. The audit agenda targets hobby activities with no profit motive, unreported business income and validation of the business expenses. Therefore, while we may not verify the information you give us, we are required by federal regulations to ask you for clarification of information that is inconsistent or incomplete. When such deductions cannot be substantiated, we will exclude them from the tax return.
Foreign Accounts:
Please note that any person or entity subject to the jurisdiction of the United States (includes individuals, corporations, partnerships, trusts, and estates) having a financial interest in, or signature or other authority over, bank accounts, securities, or other financial accounts having an aggregate value exceeding $10,000 at any time during the calendar year in a foreign country, shall report such a relationship. Although there are some limited exceptions, filing requirements also apply to taxpayers that have direct or indirect control over a foreign or domestic entity with foreign financial accounts, even if the taxpayer does not have foreign account(s). For example, a corporate-owned foreign account would require filings by the corporation and by the individual corporate officers with signature authority. Failure to disclose the required information to the U.S. Department of the Treasury may result in substantial civil and/or criminal penalties.
If you and/or your entity have a financial interest in, or signature authority over, any foreign accounts, you are responsible for providing our Firm with all the information necessary to prepare the Report of Foreign Bank and Financial Accounts (“FBAR”) required by the U.S. Department of the Treasury for the FBAR to be received by the Department on or before April 15th of each tax year. It is mandatory to electronically file the FBAR reports using the Bank Secrecy Act (“BSA”) e-filing system for the Financial Crimes Enforcement Network (“FinCEN”). If you would like our Firm to submit your electronic FBAR report (FinCEN Form 114) on your behalf, we must receive a signed consent form (FinCEN Form 114a) from you prior to submitting the foreign reporting form. If you do not provide our Firm with information regarding any interest you may have in a foreign account, or if we do not receive your signed authorization to file your foreign reporting form, we will not be able to prepare and file any of the required disclosure statements.
Failure to timely file the appropriate forms with the U.S. Department of the Treasury and the Internal Revenue Service may result in substantial monetary penalties. By your signature below, you accept responsibility for informing us if you believe that you may have foreign reporting requirements with the U.S. Department of the Treasury and/or Internal Revenue Service and you agree to timely provide us with the information necessary to prepare the appropriate form(s). We assume no liability for penalties associated with the failure to file, or untimely filing, of any of these forms.
Our professional fee for tax services is based on the complexity of the return, as determined by the number and type of forms required. An itemized statement is provided upon request. Our full list of fees is available for your review in the office. We will be happy to provide a good faith estimate of the fee for preparation of your return; however, any inadvertent omissions by you will affect the accuracy of any such estimate. If David York’s Tax Service, Inc. begins preparing or completing your return and you then terminate the engagement, you will be invoiced and charged for the work completed to that point based on our current pricing sheet. Our professional fee is due on completion of the return and must be paid prior to the release or filing of your tax return. Balances remaining outstanding 10 days after completion of the return are subject to a service charge of 18% annually, compounded monthly.
Payment is due at the time we complete our tax preparation services.
This engagement does not include any services not specifically stated in this letter. However, we would be pleased to consult with you regarding other tax matters, such as proposed or completed transactions, income tax projections, and for research about such matters. We will render additional invoices for such services at our standard billing rates.
A retainer may be required when working on previous years’ tax returns and before undertaking projects for new clients.
REVISION OF RETURNS
Should a tax return require revision after completion through no fault of David York’s Tax Service, Inc., revision fees will apply as indicated in our pricing sheet. Any tax return requiring revision due to a legitimate preparation error will be revised at no charge.
EXAMINATION OF RETURNS
Your return may be selected for examination or review by the taxing authorities. Any proposed adjustments by the examining agent are subject to certain rights of appeal. If such government tax examination, we will be available upon request to assist you. If an examination occurs, we will represent you if you so desire; however, these additional services are not included in our fee for preparation of your returns, and we will render additional invoices for the time and expenses incurred.
IRS E-FILE SIGNATURE AUTHORIZATION
With your permission, we can “sign” your electronically filed Federal tax returns with a Personal Identification Number (PIN). You will need to sign the E-File Signature Authorization Forms for both the IRS and any State that may require their own separate form. Both taxpayers must sign this form before we are permitted to e-file your returns. The E-File Signature Authorization Forms may be emailed to our office once signed. Our email address is taxes@davidyorkstaxservice.com
FILING DEADLINES AND EXTENSIONS
The filing deadline for Federal returns is April 15th for the previous calendar year unless an extension is filed. If we E-file an Extension Form on your behalf there will be an additional fee. We cannot file an extension on your behalf without your permission and a signed Extension Acknowledgement Agreement. We will make a good faith effort to file complete tax returns prior to the April 18th deadline.
ADDITIONAL COPIES FOR CLIENT OR 3RD PARTY
One (1) PDF copy of your return will be provided via your SmartVault for your records. Copies at any other time are $25 each per tax return and $10 for each additional tax return. Due to privacy laws, we will release copies only to you. You can, at your discretion, share with Third Party Vendors.
COMPLIANCE WITH IRS REGULATIONS
The Internal Revenue Code and regulations impose tax preparation and disclosure standards with noncompliance penalties on both the preparer of a tax return and on the taxpayer. To avoid exposure to these penalties, it may be necessary in some cases to make certain disclosures to you and/or in the tax return concerning positions taken on the return that don’t meet these standards. Accordingly, we will discuss tax positions that may increase the risk of exposure to penalties and any recommended disclosures with you before completing the preparation of the return. If we concluded that we are obligated to disclose a position and you refuse to permit the disclosure, we reserve the right to withdraw from the engagement and you agree to compensate us for our services to the date of withdrawal. Our engagement with you will terminate upon our withdrawal.
OTHER MATTERS
Any controversy or claim arising out of or relating to this contract or engagement, or breach thereof, except actions by us to enforce payment of our professional invoices, shall be settled by arbitration administered by the American Arbitration Association under its Arbitration rules for Professional Accounting and Related Services Disputes, and must be filed within one year from the completion of the engagement, notwithstanding any statutory provision to the contrary. In the event of arbitration or other claim brought against us, any judgment you obtain shall be limited in amount, and shall not exceed the amount of the fee charged by us, and paid by you, for the services set forth in this engagement letter. In no event will we be responsible for any additional tax that may be assessed against you or any interest or penalty that may be assessed against you with respect to such additional tax.
Notwithstanding anything contained herein, both accountant and client agree that regardless of where the client is domiciled and regardless of where this Agreement is physically signed, this Agreement shall have been deemed to have been entered into at the Accountant’s office located in San Diego County, California, USA, and San Diego County, California, USA, shall be the exclusive jurisdiction for resolving disputes related to this Agreement. This Agreement shall be interpreted and governed in accordance with the Laws of California.
We have the right to withdraw from this engagement, in our discretion, if you don’t provide us with any information we request in a timely manner, refuse to cooperate with our reasonable requests, or misrepresent any facts. Our withdrawal will release us from any obligation to complete your return and will constitute completion of our engagement. You agree to compensate us for our time and out-of-pocket expenses through the date of our withdrawal.
Any costs incurred to collect compensation according to this engagement will be enforced and shall be the responsibility of the Client. These costs may include, but are not limited to, court costs, any time spent in collecting billed at an hourly rate of $550 per hour, reasonable attorney’s fees, interest on all past due amounts billed at 1.5% compounded monthly, interest on cost incurred and collection agency fees.
If the foregoing fairly sets forth your understanding, please sign the enclosed copy of this letter in the space indicated and return it to our office. However, if there are other tax returns you expect us to prepare, please inform us by noting so at the end of the return copy of this letter.
Responsible Parties
By signing below, you are agreeing to payment of taxes/services. If you choose to file Married Filing Separately and have brought in information for both returns, then whosoever signs this form below is responsible for payment of both returns. You are also signing that you are authorized to request taxes/services on behalf of the other party.
By signing this form, you acknowledge that you have read and understand the engagement and agreement. You are aware that David York’s Tax Service, Inc. charges fees for services rendered and that you agree to pay these fees. We cannot guarantee which tax preparer will work on your taxes; the first available preparer will prepare them, and the preparer is subject to change at any time. Tax returns are sent to the IRS through an IRS authorized third party. You must be at least 18 years old to sign this agreement.
Dear Tax Client,
We appreciate the opportunity to work with you. To avoid any misunderstandings, it is important that the terms of our mutual understanding be clarified. This letter is to confirm and specify the terms of our engagement with you and to clarify the nature and extent of the services we will provide. To ensure an understanding of our mutual responsibilities, we require all clients for whom tax returns are prepared to confirm the following arrangements.
PRIVACY POLICY
It is the policy of David York’s Tax Service, Inc. to treat your information with the utmost confidentiality and care. Your personal information will only be shared with members of our firm or tax colleagues who need to know this information to complete the work you have hired our firm to do. We will not disclose your personal and confidential information to anyone outside our firm without your express written permission unless we are legally required to do so. We maintain physical, electronic, and procedural safeguards to protect your information. By signing this Individual Tax Engagement Letter, you assert you have reviewed our Privacy document.
SERVICES TO BE PROVIDED
We will prepare your _________________ Federal & State income returns from the information that you furnish to us. Our services are not intended to determine whether you have filing requirements in other taxing jurisdictions than the one(s) you have informed us of. We will not audit the data you provide. However, we may ask you to clarify some of the information. It is your responsibility to provide all the information necessary to complete your tax return and to maintain, in your records, the documentation (e.g. receipts, cancelled checks, calendars, and mileage logs) necessary to support the items of income and deductible expenses claimed on your tax returns. These may be necessary to prove the accuracy and completeness of the returns to the taxing authority. If your information is not complete at our meeting, you agree to submit all requested information within one week. Since you have final responsibility for the information on your tax returns, we highly recommend that you review the tax returns carefully before signing and filing them. If you have questions as to the records required, please ask us for advice in that regard. Our work regarding the preparation of your income tax returns does not include any procedures designed to discover defalcations and/or irregularities, should any exist. We will render such accounting and bookkeeping assistance as determined to be necessary for the preparation of the income tax returns.
YOUR RESPONSIBILITIES
It is your responsibility to provide all the information required for the preparation of complete and accurate tax returns, as well as retaining all documents necessary to support the data used in preparation of your tax returns. These may be necessary to prove the accuracy and completeness of the returns to a taxing authority. You should retain all documents, canceled checks and other data that form the basis of income and deductions. You are responsible for substantiating any amount upon which a deduction is taken on the return. The type of deduction taken will determine the specific substantiation needed.
Carefully review all work completed by our office before you sign. You have the final responsibility for anything submitted to a taxing authority.
FINANCIAL PLANNING DISCLOSURE AUTHORIZATION – IRC7216
We also offer planning for tax and investments, Social Security and retirement. Although we may answer questions that you raise in general terms during preparation of your tax return, the limited time available does not permit us to consider the entirety of your situation. As a result, this does not constitute and should not be considered, financial planning.
FILING OF RETURN and FEES
Taxing authorities now require us to electronically file (e-file) all tax returns. We are required to e-file all returns. Although e-filing requires both you and our Firm to complete additional steps, the same filing deadlines will apply. You must therefore ensure that you complete the additional requirements well before the due dates for our Firm to be able to timely transmit your tax returns. We will provide you with a paper or electronic copy of the income tax returns for your review prior to electronic transmission.
You have the final responsibility for the tax returns and should review them carefully before you authorize us to e-file them on your behalf. We are not responsible for the disallowance of doubtful deductions or inadequately supported documentation, nor for resulting taxes, penalties and/or interest.
We cannot transmit your returns to the taxing authorities until we have the fully signed authorization forms. Therefore, if you have not provided our Firm with your signed authorization forms 4 days prior to the due date for the current tax year, even though they might already have been completed, we cannot file on your behalf. In that event, you will be responsible for ensuring that any payment due with the extension is sent in a timely manner to the appropriate taxing authorities. You will also be responsible for any additional costs our firm incurs arising from the extension preparation. After completion of your tax return, we will provide you with a paper or electronic copy of your records.
All original documents which you provide to us for use in the preparation of your return will be returned to you with your tax returns for the year.
You represent that the information you are supplying to us is accurate and complete to the best of your knowledge, and that these expenses are supported by records as required by law. The audit agenda targets hobby activities with no profit motive, unreported business income and validation of the business expenses. Therefore, while we may not verify the information you give us, we are required by federal regulations to ask you for clarification of information that is inconsistent or incomplete. When such deductions cannot be substantiated, we will exclude them from the tax return.
Foreign Accounts:
Please note that any person or entity subject to the jurisdiction of the United States (includes individuals, corporations, partnerships, trusts, and estates) having a financial interest in, or signature or other authority over, bank accounts, securities, or other financial accounts having an aggregate value exceeding $10,000 at any time during the calendar year in a foreign country, shall report such a relationship. Although there are some limited exceptions, filing requirements also apply to taxpayers that have direct or indirect control over a foreign or domestic entity with foreign financial accounts, even if the taxpayer does not have foreign account(s). For example, a corporate-owned foreign account would require filings by the corporation and by the individual corporate officers with signature authority. Failure to disclose the required information to the U.S. Department of the Treasury may result in substantial civil and/or criminal penalties.
If you and/or your entity have a financial interest in, or signature authority over, any foreign accounts, you are responsible for providing our Firm with all the information necessary to prepare the Report of Foreign Bank and Financial Accounts (“FBAR”) required by the U.S. Department of the Treasury for the FBAR to be received by the Department on or before April 15th of each tax year. It is mandatory to electronically file the FBAR reports using the Bank Secrecy Act (“BSA”) e-filing system for the Financial Crimes Enforcement Network (“FinCEN”). If you would like our Firm to submit your electronic FBAR report (FinCEN Form 114) on your behalf, we must receive a signed consent form (FinCEN Form 114a) from you prior to submitting the foreign reporting form. If you do not provide our Firm with information regarding any interest you may have in a foreign account, or if we do not receive your signed authorization to file your foreign reporting form, we will not be able to prepare and file any of the required disclosure statements.
Failure to timely file the appropriate forms with the U.S. Department of the Treasury and the Internal Revenue Service may result in substantial monetary penalties. By your signature below, you accept responsibility for informing us if you believe that you may have foreign reporting requirements with the U.S. Department of the Treasury and/or Internal Revenue Service and you agree to timely provide us with the information necessary to prepare the appropriate form(s). We assume no liability for penalties associated with the failure to file, or untimely filing, of any of these forms.
Our professional fee for tax services is based on the complexity of the return, as determined by the number and type of forms required. An itemized statement is provided upon request. Our full list of fees is available for your review in office. We will be happy to provide a good faith estimate of the fee for preparation of your return; however, any inadvertent omissions by you will affect the accuracy of any such estimate. If David York’s Tax Service, Inc. begins preparing or completing your return and you then terminate the engagement, you will be invoiced and charged for the work completed to that point based on our current pricing sheet. Our professional fee is due on completion of the return and must be paid prior to the release or filing of your tax return. Balances remaining outstanding 10 days after completion of the return are subject to a service charge of 18% annually, compounded monthly.
Payment is due at the time we complete our tax preparation services.
This engagement does not include any services not specifically stated in this letter. However, we would be pleased to consult with you regarding other tax matters, such as proposed or completed transactions, income tax projections, and for research about such matters. We will render additional invoices for such services at our standard billing rates.
A retainer may be required when working on previous years’ tax returns and before undertaking projects for new clients.
REVISION OF RETURNS
Should a tax return require revision after completion through no fault of David York’s Tax Service, Inc., revision fees will apply as indicated in our pricing sheet. Any tax return requiring revision due to a legitimate preparation error will be revised at no charge.
EXAMINATION OF RETURNS
Your return may be selected for examination or review by the taxing authorities. Any proposed adjustments by the examining agent are subject to certain rights of appeal. If such government tax examination, we will be available upon request to assist you. If an examination occurs, we will represent you if you so desire; however, these additional services are not included in our fee for preparation of your returns and we will render additional invoices for the time and expenses incurred.
IRS E-FILE SIGNATURE AUTHORIZATION
With your permission, we can “sign” your electronically filed Federal tax returns with a Personal Identification Number (PIN). You will need to sign the E-File Signature Authorization Forms for both the IRS and any State that may require their own separate form. Both taxpayers must sign this form before we are permitted to e-file your returns. The E-File Signature Authorization Forms may be emailed to our office once signed. Our email address is taxes@davidyorkstaxservice.com
FILING DEADLINES AND EXTENSIONS
The filing deadline for Federal returns is April 15th for 2024. If we E-file an Extension Form on your behalf there will be an additional fee. We cannot file an extension on your behalf without your permission and a signed Extension Acknowledgement Agreement. We will make a good faith effort to file complete tax returns prior to the April 18th deadline.
ADDITIONAL COPIES FOR CLIENT OR 3RD PARTY
One (1) PDF copy of your return will be provided via your SmartVault for your records. Copies at any other time are $20 each per tax return and $10 for each additional tax return. Due to privacy laws, we will release copies only to you. You can, at your discretion, share with Third Party Vendors.
COMPLIANCE WITH IRS REGULATIONS
The Internal Revenue Code and regulations impose tax preparation and disclosure standards with noncompliance penalties on both the preparer of a tax return and on the taxpayer. To avoid exposure to these penalties, it may be necessary in some cases to make certain disclosures to you and/or in the tax return concerning positions taken on the return that don’t meet these standards. Accordingly, we will discuss tax positions that may increase the risk of exposure to penalties and any recommended disclosures with you before completing the preparation of the return. If we concluded that we are obligated to disclose a position and you refuse to permit the disclosure, we reserve the right to withdraw from the engagement and you agree to compensate us for our services to the date of withdrawal. Our engagement with you will terminate upon our withdrawal.
OTHER MATTERS
Any controversy or claim arising out of or relating to this contract or engagement, or breach thereof, except actions by us to enforce payment of our professional invoices, shall be settled by arbitration administered by the American Arbitration Association under its Arbitration rules for Professional Accounting and Related Services Disputes, and must be filed within one year from the completion of the engagement, notwithstanding any statutory provision to the contrary. In the event of arbitration or other claim brought against us, any judgment you obtain shall be limited in amount, and shall not exceed the amount of the fee charged by us, and paid by you, for the services set forth in this engagement letter. In no event will we be responsible for any additional tax that may be assessed against you or any interest or penalty that may be assessed against you with respect to such additional tax.
Notwithstanding anything contained herein, both accountant and client agree that regardless of where the client is domiciled and regardless of where this Agreement is physically signed, this Agreement shall have been deemed to have been entered into at the Accountant’s office located in San Diego County, California, USA, and San Diego County, California, USA, shall be the exclusive jurisdiction for resolving disputes related to this Agreement. This Agreement shall be interpreted and governed in accordance with the Laws of California.
We have the right to withdraw from this engagement, in our discretion, if you don’t provide us with any information we request in a timely manner, refuse to cooperate with our reasonable requests, or misrepresent any facts. Our withdrawal will release us from any obligation to complete your return and will constitute completion of our engagement. You agree to compensate us for our time and out-of-pocket expenses through the date of our withdrawal.
Any costs incurred to collect compensation according to this engagement will be enforced and shall be the responsibility of the Client. These costs may include, but are not limited to, court costs, any time spent in collecting billed at an hourly rate of $450 per hour, reasonable attorney’s fees, interest on all past due amounts billed at 1.5% compounded monthly, interest on cost incurred and collection agency fees.
If the foregoing fairly sets forth your understanding, please sign the enclosed copy of this letter in the space indicated and return it to our office. However, if there are other tax returns you expect us to prepare, please inform us by noting so at the end of the return copy of this letter.
Responsible Parties
By signing below, you are agreeing to payment of taxes/services. If you choose to file Married Filing Separately and have brought in information for both returns, then whosoever signs this form below is responsible for payment of both returns. You are also signing that you are authorized to request taxes/services on behalf of the other party.
By signing this form, you acknowledge that you have read and understand the engagement and agreement. You are aware that David York’s Tax Service, Inc. charges fees for services rendered and that you agree to pay these fees. We cannot guarantee which tax preparer will work on your taxes; the first available preparer will prepare them, and the preparer is subject to change at any time. Tax returns are sent to the IRS through an IRS authorized third party. You must be at least 18 years old to sign this agreement.