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Terms and Conditions

Wisei Accountants is a firm of Chartered Certified Accountants serving clients all over the UK, Dubai, and USA/Canada. We offer below services with the mission of high quality and competent delivery. We pride ourselves with HMRC compliant tax strategies resulting in tax compliance using all of the available tax breaks to individuals and limited companies from various industry sectors.

I. Business

a. Business start-up planning and advice

II. Planning

a. Strategic and business planning

b. Financial management

c. Financial information systems

III. Tax Planning

a. Personal tax

b. Business tax

c. Company tax

d. Capital gains tax

e. Inheritance tax

f. HM Revenue and Customs investigations

g. Value Added Tax

h. PAYE and national insurance compliance


Accounting 

a. Preparation of annual accounts

b. Preparation of management accounts

c. Providing bookkeeping services

d. Maintaining PAYE and VAT records and associated accounts/returns

e. Preparation and filing of statutory returns

f. Preparation of minutes and resolutions

g. Company formation

h. Company searches

  

Thank you for engaging us as your tax practitioners. This letter, including the attached schedule of services together with our standard terms and conditions, sets out the basis on which we will act. Using the most appropriate method, we will obtain your authorisation for HMRC to communicate with us as your agent. We will explain what action you need to take. You agree to completing any necessary actions to allow authorisation within the required timeframe. It is important to appreciate that you remain required to take ‘reasonable care’ over your tax affairs.

Introduction

1. These terms and conditions set out the general terms under which we undertake our business. The specific conditions relating to assignments will be covered in separate letters of engagement.

Applicable law

2. These terms and conditions, our engagement letters, and the schedule of services are all governed by, and should be construed in accordance with English law. Each party agrees that the courts of England and Wales will have exclusive jurisdiction in relation to any claim, dispute or difference concerning this engagement letter and any matter arising from it. Each party irrevocably waives any right to object to any action being brought in those Courts, to claim that the action has been brought in an inappropriate forum, or to claim that those Courts do not have jurisdiction.

Authorisation and registration

3. Wisei Accountants is registered with HMRC to act as your Accountant with the name of Taxaid Accountant Limited. We are not registered as auditors.

Bribery Act 2010

4. In accordance with the requirements of the Bribery Act 2010 we have policies and procedures in place to prevent the business and its partners and staff from offering or receiving bribes.

Client identification and verification

5. As with other professional services firms, we are required to identify and verify our clients for the purposes of the UK anti-money laundering legislation. Save in exceptional circumstances we cannot start work until this requirement has been met. We may request from you, and retain, such information and documentation as we require for these purposes and/or make searches of appropriate databases including ID verification software.

Client monies

6. We may, from time to time, hold money on your behalf. Such money will be held in trust in a client bank account, which is segregated from the firm's funds. 

7. We will return monies held on your behalf promptly as soon as there is no longer any reason to retain those funds. If any funds remain in our client account that are unclaimed and the client to which they relate has remained untraced for five years or we as a firm cease to practice, then we may pay those monies to a registered charity.

8. Fees paid by you in advance for professional work to be performed and clearly identifiable as such shall not be regarded as clients' monies.

Commissions or other benefits

9. In some circumstances, commissions or other benefits may become payable to us in respect of transactions which we arrange for you. Where this happens, we will notify you in writing of the amount and terms of payment and receipt of any such commissions or benefits. The same will apply where the payment is made to, or transactions are arranged by a person or business connected with ours. We will not reduce the fees we would otherwise charge by the amount of the commissions or benefits.


   

Confidentiality

1. Communication between us is confidential and we shall take all reasonable steps to keep confidential your information except where we are required to disclose it by law, by regulatory bodies, by our insurers or as part of an external peer review. Unless we are authorised by you to disclose information on your behalf this undertaking will apply during and after this engagement. (Please see the details below)

2. We may, on occasions, subcontract work on your affairs to other tax, information technology or accounting professionals. The subcontractors will be bound by our client confidentiality terms.

Conflicts of interest

3. We will inform you if we become aware of any conflict of interest in our relationship with you or in our relationship with you and another client. Where conflicts are identified which cannot be managed in a way that protects your interests then we regret that we will be unable to provide further services. If this arises, we will inform you promptly. We reserve the right to act for other clients whose interests are not the same as or are averse to yours, subject, of course, to the obligations of confidentiality referred to above.

4. If there is a conflict of interest that is capable of being addressed successfully by the adoption of suitable safeguards to protect your interests, then we will adopt those safeguards. Where possible this will be done on the basis of your informed consent. We reserve the right to act for other clients whose interests are not the same as or are averse to yours subject of course to the obligations of confidentiality referred to above.

Contracts (Rights of Third Parties) Act 1999

5.    The advice and information we provide to you as part of our service is for your sole use and not for any third party to whom you may communicate it unless we have expressly agreed in the Engagement letter that a specified third party may rely on our work. We accept no responsibility to third parties, including any group company to whom the engagement letter is not addressed, for any advice, information or material produced as part of our work for you which you make available to them. A party to this agreement is the only person who has the right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

Data Protection (see the details below) *

6. We confirm that we will comply with the provisions of the General Data Protection Regulation (GDPR) when processing personal data about you, your directors and employees.

Processing means:

· obtaining, recording or holding personal data; or

· carrying out any operation or set of operations on personal data, including collecting and storage, organising, adapting, altering, using, disclosure (by any means) or removing (by any means) from the records manual and digital.

7. The information we obtain, process, use and disclose will be necessary for:

· the performance of the contract

· to comply with our legal and regulatory compliance and crime prevention

· contacting you with details of other services where you have consented to us doing so

· other legitimate interests relating to protection against potential claims and disciplinary action against us.

This includes, but is not limited to, purposes such as updating and enhancing our client records, analysis for management purposes and statutory returns.

8. Further details on the processing of data are contained in our privacy notice, which should be read alongside these terms and conditions.

  

Disengagement

9. Should we resign or be requested to resign we will normally issue a disengagement letter to ensure that our respective responsibilities are clear.

10. Should we have no contact with you for a period of one year or more we may issue a disengagement letter and hence cease to act.

11. We reserve the right following termination for any reason to destroy any of your documents that we have not been able to return to you after a period of six months unless other laws or regulations require otherwise.

Electronic and other communication

12. As instructed, we will communicate with you and with any third parties you instruct us to as set out in our covering letter and privacy notice via email or by other electronic means. The recipient is responsible for virus-checking emails and any attachments.

13. With electronic communication there is a risk of non-receipt, delayed receipt, inadvertent misdirection, or interception by third parties. We use virus-scanning software to reduce the risk of viruses and similar damaging items being transmitted through emails or electronic storage devices. However, electronic communication is not totally secure and we cannot be held responsible for damage or loss caused by viruses, nor for communications that are corrupted or altered after despatch. Nor can we accept any liability for problems or accidental errors relating to this means of communication, especially in relation to commercially sensitive material. These are risks you must accept in return for greater efficiency and lower costs. If you do not wish to accept these risks, please let us know and we will communicate by hard copy, other than where electronic submission is mandatory.

14. Any communication by us with you sent through the post or DX system is deemed to arrive at your postal address two working days after the day that the document was sent.

  

15. When accessing information held electronically by HMRC, we may have access to more information than we need and will only access records reasonably required to carry out the contract.

16. You are required to keep us up to date with accurate contact details at all times. This is important to ensure that communications and papers are not sent to the incorrect address.

Fees

17. Our fees may depend not only upon the time spent on your affairs but also on the level of skill and responsibility and the importance and value of the advice that we provide, as well as the level of risk.

18. If we provide you with an estimate of our fees for any specific work, then the estimate will not be contractually binding unless we explicitly state that that will be the case.

19. Fixed fee quotations

a) We may indicate a fixed fee for the provision of specific services or an indicative range of fees for a particular assignment. All fee quotations are valid for 30 days.

b) It is not our practice to identify fixed fees for more than a year ahead as such fee quotes need to be reviewed in the light of events.

c) If it becomes apparent to us, due to unforeseen circumstances, that a fee quote is inadequate, we reserve the right to notify you of a revised figure or range and to seek your agreement thereto.

d) All fixed fees are quoted based on you or your bookkeeper accurately recording all transactions in our spreadsheet or on any recognised bookkeeping system. This means that all bank balances, assets and liabilities are recorded accurately within your bookkeeping system.


  

a) Fixed fees do not include bookkeeping. If your bookkeeping is not complete and accurate, or if your bookkeeping does not give a trial balance for us to work from, it will be necessary for us to carry out some bookkeeping prior to preparing VAT returns, management accounts or year-end accounts. Bookkeeping will be charged at our prevailing rates per hour depending on the level of skill required for the work. This will be invoiced soon after carrying out such work in addition to any fixed fee quoted.

b) Fixed fees do not include resolving problems, correcting work or recalculating work that has been carried out by you or your previous agents for past years. If it is found such work is required, we would discuss the situation and additional fees with you prior to carrying out any such work.

c) When preparing accounts under a fixed fee arrangement we will make one set of amendments you require, and issue one full set of revised accounts and tax returns with no additional charge. If further information is provided after we have prepared the revised accounts, we will charge a minimum of 20% of the annual fee for such amendments and providing further revised accounts. It is recommended that you provide full information relating to your business and income prior to us carrying out any accounting work.

1. In some cases, you may be entitled to assistance with your professional fees, particularly in relation to any investigation into your tax affairs by HMRC. Assistance may be provided through insurance policies you hold or via membership of a professional or trade body. Other than where such a service was arranged through us you will need to advise us of any such insurance cover that you have. You will remain liable for our fees regardless of whether all or part are liable to be paid by your insurers.

2. Our fee arrangements and quotations may include Support. The type, scope and quantity of work included as support may be varied at any time by us and is entirely at our discretion and may be defined on an individual basis by us. Support does not include advice, carrying out research, or carrying out analysis.

3. If it is necessary to carry out work outside the agreed work outlined in any fixed fee arrangement it will involve additional fees. These fees will be computed based on time spent by principals and our staff, and on the levels of skill and responsibility involved. If no fixed fee arrangement is place then any work done will be calculated on this basis. A full list of the time spent and the charge out rates used is available on request. Our normal hourly rates are set by us and reviewed annually. These are available on request.

4.    Our terms relating to payment of amounts invoiced are full invoice payable on presentation. Prompt payment will be appreciated. Interest will be charged on all overdue debts at the rate stated on the invoice. Invoices must be paid in full before any report is signed by us and before the accounts are made available for filing.

5. Our fees are exclusive of VAT which will be added where it is chargeable. Any disbursements we incur on your behalf and expenses incurred while carrying out our work for you will be added to our invoices. Unless otherwise agreed to the contrary our fees do not include the costs of any third party, counsel or other professional fees.

6. It is our normal practice to ask clients to pay by monthly standing order or direct debit and to periodically adjust the monthly payment by reference to actual billings. Monthly fees are not refundable in any circumstances. If monthly fees include year-end accounts and for any reason such accounts are not prepared there is no separately identifiable amount that would be refunded.

7. We reserve the right to charge interest on late paid invoices at the rate of 8% above bank base rates under the Late Payment of Commercial Debts (Interest) Act 1998. We also reserve the right to suspend our services or to cease to act for you on giving written notice if payment of any fees is unduly delayed. We intend to exercise these rights only where it is fair and reasonable to do so.

8. If you do not accept that an invoiced fee is fair and reasonable you must notify us within 21 days of receipt, failing which you will be deemed to have accepted that payment is due.

9. In the case of a dispute over the level of fees charged we reserve the right to require that the matter is dealt with through arbitration. We recommend that arbitration is undertaken by the fee arbitration service.

10. On termination of the engagement, you may appoint a new adviser. Where a new adviser requests professional clearance and handover information we reserve the right to charge you a reasonable fee for the provision of handover information.

Implementation

11. We ill only assist with implementation of our advice if specifically instructed in writing.

Tax credits and universal credits

12.  If we agree to advise you on tax credits and universal credit, we will issue a separate letter or schedule to cover this area. Tax credits and universal credit are, in effect, a social security benefit. Your entitlement or otherwise will depend not only on your own circumstances but also those of your household, and we would require all relevant information to advise in this regard. 

Changes in the law or practice or in public policy 

13.  We will not accept responsibility if you act on advice given by us on an earlier occasion without first confirming with us that the advice is still valid in the light of any change in the law or practice or in public policy or your circumstances.

14.  We will accept no liability for losses arising from changes in the law or practice or in public policy that are first published after the date on which the advice is given.

Your responsibilities 

15.  You are legally responsible for:

a.  ensuring that your self-assessment tax returns are correct and complete; 

b. filing any returns by the due date; and

c. paying tax on time. 

Failure to do this may lead to penalties and/or interest.

16.  Taxpayers who approve their returns cannot delegate this legal responsibility to others. You agree to check that returns that we have prepared for you are complete before you approve them.

To enable us to conduct our work you agree:

(a) that all returns are to be made on the basis of full disclosure of all sources of income, charges, allowances and capital transactions;

(b) To provide all information necessary for dealing with your affairs: we will rely on the information and documents being true, correct and complete, and will not audit the information or those documents;

(c) To authorise us to approach such third parties as may be appropriate for information that we consider necessary to deal with your affairs; and    

(d) To provide full details of all UK residential property disposals including associated costs/valuations prior to disposal. Where you consider that you will be non-UK resident in the tax year of disposal, full details of all UK property disposals (residential and non-residential) and disposals of shares in UK property rich companies or UK property rich collective investment vehicles, or other such entities must be advised prior to exchange of contracts or agreement to transfer shares or units. If information is received after this we cannot guarantee that we can provide advice on the amount of capital gains tax due or submit an in-year return within 30 days after the completion date of the disposal. 

1. You will keep us informed of material changes in your circumstances that could affect your tax liability. If you are unsure whether the change is material or not, please let us know so that we can assess its significance. 

2. Where you wish us to deal with HMRC communications, you will forward to us all communications received from HMRC such as HMRC statements of account, copies of notices of assessment, tax codes and letters. These must be provided in time to enable us to deal with them as may be necessary within the statutory time limits. It is essential that you let us have copies of any correspondence received because HMRC is not obliged to send us copies of all communications issued to you.

Ad hoc and advisory work

3. Where you have instructed us to do so we will provide such other taxation ad hoc and advisory services as may be agreed between us from time to time. These services will be subject to the terms of this engagement letter and standard terms and conditions of business unless we decide to issue a separate engagement letter. An additional fee may be charged for these services

PAYROLL SERVICES

4. You are legally responsible for:

(a) ensuring that the data in your payroll submissions is correct and complete;

(b) making any submissions by the due date. 

(c) paying tax and NIC on time. 

Failure to do this may lead to penalties and/or interest.

5. You are responsible for maintaining your employees’ information, including any changes to the employees’ bank account details.

6. To enable us to carry out our work you agree:

(a) that all information required to be delivered online is submitted on the basis of full disclosure;

(b) to provide full information necessary for dealing with your payroll affairs and workplace pension scheme contributions; we will rely on the information and documents being true, correct and complete, and will not audit the information or those documents;

(c) to agree with us the names of the persons authorised by you to notify us of changes in employees and in rates of pay. We will process the changes only if notified by that/those individuals

(d) to advise us in writing of changes of payroll pay dates and workplace pension scheme contribution dates;

(e) to notify us at least 5 working prior to the payroll pay date of all transactions or events that may need to be reflected in the payroll for the period, including details of:

· all new employees (including full names, address, date of birth, gender, national insurance number) and details of their remuneration packages

· all leavers and any termination payments

· all changes to remuneration packages

· all pension scheme changes

· all changes to benefits and expenses reportable under an existing payrolling benefits and expense online service registration

· irregular and/or ad hoc payments and the dates to be paid.

(f) to [approve/provide the data required to complete] [delete as appropriate]: 

· in-year FPS by at least 14 working days prior to payroll pay dates so that they can be submitted on or before payday, or as agreed with us 

· in-year EPS by at least 14 days prior to 19th of the month following the tax month

· final FPS (or EPS when applicable) for the year at least 14 days prior to 19 April following the end of the tax year 

· EYU within 30 days.

to authorise us to approach such third parties as may be appropriate for information that we consider necessary to deal with your affairs. 

7. You will keep us informed of material changes in circumstances that could affect the payroll. If you are unsure whether the change is material or not, please let us know so that we can assess its significance.

8. Where you wish us to deal with HMRC communications you will forward to us all communications received from HMRC. These must be provided in time to enable us to deal with them as may be necessary within the statutory time limits. It is essential that you let us have copies of any correspondence received because HMRC is not obliged to send us copies of all communications issued to you.

If the information required to complete the payroll services set out above is received later than the dates specified above or agreed with us, we will still endeavour to process the payroll and returns to meet the agreed payroll date and filing deadlines but we will not be liable for any costs or other losses arising if the payroll is late or the returns are filed late in these circumstances. We may charge an additional fee for work carried out in a shorter time period   

VAT RETURNS

Your responsibilities

1. You are legally responsible for:

(a) ensuring that your returns are correct and complete.

(b)  filing any returns by the due date; and

(c) making payment of tax on time. 

Failure to do this may lead to automatic penalties, surcharges and/or interest.

2. Legal responsibility for approval of the return cannot be delegated to others. You agree to check that returns that we have prepared for you are complete before approving them. 

3. To enable us to carry out our work you agree:

(a) that all returns are to be made on the basis of full disclosure;

(b) that you are responsible for ensuring that the information provided is, to the best of your knowledge, accurate and complete. The returns are prepared/reviewed solely on the basis of the information provided by you and we accept no responsibility for any liabilities arising due to inaccuracies or omissions in the information you provide, which may lead to a misdeclaration on which penalties and interest may arise;

(c) to authorise us to approach such third parties as may be appropriate for information we consider necessary to deal with the returns; and

(d) to provide us with all the records relevant to the preparation of your returns as soon as possible after the return period ends. We would ordinarily need a minimum of 21 days before submission to complete our work. If the records are provided later or are incomplete or unclear, thereby delaying the preparation/review and submission of the return, we accept no responsibility for any “default surcharge” penalty that may arise. Where feasible, we may agree to complete your return within a shorter period but may charge an additional fee for doing.

4. You will keep us informed of material changes in circumstances that could affect your obligations, eg 

· change in the nature of your business.

· change of type of supply for VAT.

· change in your type of business entity such as from sole trader into partnership;

· acquisition or disposal of land or property etc.

· starting to make supplies which are exempt from VAT; and

· you have reclaimed VAT within the last 10 years, having spent over £250,000 in purchasing, building or redeveloping a property, and the extent to which it is being used for taxable and/or exempt purposes has changed since you first reclaimed the VAT (i.e. Capital Goods Scheme adjustments will apply).

5.  Where you wish us to deal with HMRC communications you will forward to us all communications received from HMRC such as statements of account, copies of notices of assessment and letters. These must be provided in time to enable us to deal with them as may be necessary within the statutory time limits. It is essential that you let us have copies of any correspondence received because HMRC is not obliged to send us copies of all communications issued to you.

6. You are responsible for bringing to our attention any errors, omissions or inaccuracies in your returns that you become aware of after the returns have been submitted in order that we may assist you to make a voluntary disclosure.

7. If you provide digital services to consumers in the EU you are responsible for either registering for VAT in that member state or registering for MOSS.

8. If EC Sales Lists need to be completed you are responsible for obtaining all of your customers’ VAT registration numbers in other member states and to check any that you are not completely satisfied with, with HMRC.

VOLUNTARY (UNPROMPTED) DISCLOSURE TO HMRC

Your responsibilities

To enable us to conduct our work in relation to the voluntary disclosure you agree: 

(a) that all information and documentation to be given to HMRC in the course of the voluntary disclosure is to be made on the basis of full disclosure of all sources of income, charges, allowances and capital transactions;

(b) to provide full information necessary for dealing with the voluntary disclosure;

(c) to authorise us to communicate with such third parties as may be appropriate and that we consider necessary to deal with the voluntary disclosure;

(d) to provide information promptly to enable us to deal with the voluntary disclosure expeditiously and to act in your interests in order to qualify for such reduction as may be appropriate for the cause of the error and the level of disclosure if there are tax liabilities or penalties for earlier years;

(e) to forward to us on receipt copies of all HMRC correspondence, statements of account, PAYE coding notices, notices of assessment, letters and other communications received from HMRC as may be relevant to the voluntary disclosure to enable us to deal with them as may be necessary immediately upon receipt. It is essential that you let us have copies of any correspondence received because HMRC is not obliged to send us copies of all communications issued to you.

(f) to keep us informed about significant changes in your circumstances if they are likely to affect the outcome of the voluntary disclosure. If you are unsure whether the change is material or not please let us know so that we can assess its significance or otherwise; 

(g) to notify us immediately of any insurance cover you have for this voluntary disclosure including any queries raised by HMRC following its submission.

(a) To the extent that our advice covers non-UK tax aspects, you must confirm this with an appropriately qualified professional adviser in the relevant territory before any irrevocable action is taken. We would be pleased to liaise with them as appropriate.

HMRC CIVIL TAX INVESTIGATIONS AND ENQUIRIES

Your responsibilities

9. To enable us to conduct our work in relation to the investigation you agree: 

(a) that all information to be given to HMRC in the course of the investigation is to be made on the basis of full disclosure of all sources of income, charges, allowances and capital transactions;

(b) to provide full information necessary for dealing with the investigation.

(c) to authorise us to communicate with such third parties as may be appropriate and that we consider necessary to deal with the investigation. 

(d) to provide information promptly to enable us to deal with the investigation expeditiously and to act in your interests in order to qualify for such reduction as may be appropriate for the cause of the error and the level of disclosure if there are tax liabilities or penalties for earlier years;

(e) to forward to us on receipt copies of all HMRC correspondence (including emails), statements of account, PAYE coding notices, notices of assessment, letters and other communications received from HMRC as may be relevant to the investigation to enable us to deal with them as may be necessary within the statutory time limits. It is essential that you let us have copies of any correspondence received because HMRC is not obliged to send us copies of all communications issued to you;

(f) to keep us informed about significant changes in your circumstances if they are likely to affect the outcome of the investigation. If you are unsure whether the change is material or not, please let us know so that we can assess its significance or otherwise; and

(g) to notify us immediately of any insurance cover you have for investigation and enquiries into your tax returns by HMRC.

(h) to the extent that our advice covers non-UK tax aspects, you must confirm this with an appropriately qualified professional adviser in the relevant territory before any irrevocable action is taken. We would be pleased to liaise with them as appropriate

Intellectual property rights

10. We will retain all copyright in any document prepared by us during carrying out the engagement save where the law specifically provides otherwise.

Interpretation

11. If any provision of the terms and conditions, engagement letter or schedules is held to be void, then that provision will be deemed not to form part of this contract.

12. In the event of any conflict between these terms of business and the engagement letter or appendices, the relevant provision in the engagement letter or schedules will take precedence.

Internal disputes

13. If we become aware of a dispute between the parties who own or are in some way involved in the ownership and management of the business, it should be noted that our client is the business, and we would not provide information or services to one party without the express knowledge and permission of all parties. Unless otherwise agreed by all parties we will continue to supply information to the registered office or last known postal address for the attention of the directors or business owners. If conflicting advice, information, or instructions are received from different individuals in the business we will refer the matter back to the directors or business owners and take no further action until the directors or business owners have agreed the action to be taken.

Investment services

14. Investment business is regulated under the Financial Services and Markets Act 2000 and the Financial Services Act 2012. If, during the provision of professional services to you, you need advice on investments, including insurances, we may have to refer you to someone who is authorised by the Financial Services Authority or licensed by a Designated Professional Body as we are not.

Insolvency advice

  

15. If you need advice regarding insolvency, we may ask you to contact an insolvency practitioner. We do not give insolvency advice.

Lien

16. Insofar as permitted to do so by law or professional guidelines, we reserve the right to exercise a lien over all funds, documents and records in our possession relating to all engagements for you until all outstanding fees and disbursements are paid in full.

Limitation of liability

17. We will provide our services with reasonable care and skill. Our liability to you is limited to losses, damages, costs, and expenses caused by our negligence or wilful default.

18. Exclusion of liability for loss caused by others

We will not be liable if such losses, penalties, surcharges, interest or additional tax liabilities are due to the acts or omissions of any other person or due to the provision to us of incomplete, misleading or false information or if they are due to a failure to act on our advice or a failure to provide us with relevant information. In particular, where we refer you to another firm whom you engage with directly, we accept no responsibility in relation to their work and will not be liable for any loss caused by them.

19. Exclusion of liability in relation to circumstances beyond our control

We will not be liable to you for any delay or failure to perform our obligations under this engagement letter if the delay or failure is caused by circumstances outside our reasonable control.

   

1. Exclusion of liability relating to non-disclosure or misrepresentation

We will not be responsible or liable for any loss, damage or expense incurred or sustained if information material to the service we are providing is withheld or concealed from us or wrongly misrepresented to us or from fraudulent acts, misrepresentation, or wilful default on the part of any party to the transaction and their directors, officers, employees, agents or advisers. This exclusion shall not apply where such misrepresentation, withholding or concealment is or should (in carrying out the procedures which we have agreed to perform with reasonable care and skill) have been evident to us without further enquiry.

2. Indemnity for unauthorised disclosure

You agree to indemnify us and our agents in respect of any claim (including any claim for negligence) arising out of any unauthorised disclosure of our advice and opinions, whether in writing or otherwise. This indemnity will extend to the cost of defending any such claim, including payment at our usual rates for the time that we spend in defending it.

3. Limitation of aggregate liability

In respect of the work detailed within all engagements with you we limit our liability to you to a maximum of

£500,000 including legal costs. That sum shall be the maximum aggregate liability of this company, its director’s agents, and employees to all persons to whom the engagement letter is addressed and also any other person that we have agreed with you may rely on our work. By signing the engagement letter, you agree that you have considered this limit and accept that it is reasonable in all the circumstances. If you do not wish to accept it you should contact us to discuss it before signing the engagement letter.

You have agreed that you will not bring any claim of a kind that is included within the subject of the limit against any of our principals/ directors/members or employees; on a personal basis.

Limitation of Third-Party Rights

  

4. The advice and information we provide to you as part of our service is for your sole use and not for any third party to whom you may communicate it unless we have expressly agreed in the engagement letter that a specified third party may rely on our work. We accept no responsibility to third parties, including any group company to whom the engagement letter is not addressed, for any advice, information or material produced as part of our work for you which you make available to them. It may not be used or relied upon for any other purpose or by any other person other than you without our prior written consent. A party to this agreement is the only person who has the right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

5. If our advice is disclosed to any third party (with or without our consent), then we accept no responsibility or liability to that third party for any consequences that may arise to them, should they rely on the advice.

6. If it is proposed that any documents or statement which refer to our name are to be circulated to third parties, please consult us before they are issued.

Money Laundering Regulations 2017

7. In accordance with the Proceeds of Crime Act, The Terrorism Act, Money Laundering Regulations 2017 and The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 you agree to waive your right to confidentiality to the extent of any report made, document provided, or information disclosed to the National Crime Agency (NCA).

8. You also acknowledge that we are required to report directly to the NCA without prior reference to you or your representatives if during the course of undertaking any assignment the person undertaking the role of Money Laundering Reporting Officer becomes suspicious of money laundering.

  

9. As with other professional services firms, we are required to have appropriate risk-based policies and procedures for assessing and managing money laundering risks: this applies at the start of any business relationship and through the lifetime of the relationship. This includes undertaking appropriate customer due diligence. We may request from you, and retain, such information and documentation as we require for these purposes and/or make searches of appropriate databases. If we are not able to obtain satisfactory evidence of your identity, we will not be able to proceed with the engagement.

10. Copies of such records created as part of the client due diligence process, including any non-engagement documents relating to the client relationship and ongoing monitoring of it, will be retained by us for a period of five years after we cease to act for the business unless we are required to retain them under statutory obligation, or to retain them for legal proceedings, or you consented to the retention in which case the records will be retained for not more than 10 years.

Notification

11. We shall not be treated as having notice, for the purposes of our responsibilities, of information provided to members of our firm other than those engaged on the specific assignment (for example, information provided in connection with accounting, taxation, and other services).

Period of engagement and termination

12. Unless otherwise agreed in the engagement covering letter our work will begin when we receive your implicit or explicit acceptance of that letter. Except as stated in that letter we will not be responsible for periods before that date.

13. Each of us may terminate this agreement by giving not less than 30 days’ notice in writing to the other party except where you fail to cooperate with us or we have reason to believe that you have provided us or HMRC with misleading information, in which case we may terminate this agreement immediately. Termination will be without prejudice to any rights that may have accrued to either of us prior to termination.

14.    In the event of termination of this contract, we will endeavour to agree with you the arrangements for the completion of work in progress at that time, unless we are required for legal or regulatory reasons to cease work immediately. In that event, we shall not be required to carry out further work and shall not be responsible or liable for any consequences arising from termination.

15. If you engage us for a one-off piece of work (for example advice on a one-off transaction or preparation of a tax return for one year only) the engagement ceases as soon as that work is completed. The date of completion of the work is taken to be the termination date and we owe you no duties and we will not undertake further work beyond that date.

16. Where recurring work is provided (for example ongoing compliance work such as the completion of annual tax returns) the engagement ceases on the relevant date in relation to the termination as set out above. Unless immediate termination applies, in practice this means that the relevant termination date is:

• 30 days after the date of notice of termination; or

• a later agreed date

17. We owe you no duties beyond the date of termination and will not undertake any further work.

Professional rules and statutory obligations

18. We will observe and act in accordance with the by-laws, regulations, and ethical guidelines of the HMRC and will accept instructions to act for you on this basis.

19. You are responsible for bringing to our attention any errors, omissions or inaccuracies in your returns that you become aware of after the returns have been submitted in order that we may assist you to make a voluntary disclosure.

20. In particular, you give us the authority to correct errors made by HMRC where we become aware of them. In addition, we will not undertake tax planning which breaches professional conduct in relation to taxation. We will therefore comply with the general anti-abuse rule and the targeted anti-avoidance rule. We will not be liable for any loss, damage or cost arising from our compliance with statutory or regulatory obligations. You can see copies of these requirements at our offices.



  

Automatic exchange of information (AEOI), including Foreign Account Tax Compliance Act (FATCA)

Unless covered by a separate engagement letter or another schedule to this letter, we will not be responsible for compliance with the International Tax Compliance Regulations 2015, produced because of AEOI

*Privacy Notice:

We highly value our clients’ trust and confidence in us and want to assure them that their personal information is treated as confidential and stored safely and securely. As an Accounting firm, we adhere to the highest level of professional standards and ethical behaviour and take responsibility for protecting the confidentiality of client information.

Wisei Accountants takes the safeguarding of your personal data very seriously.  This privacy notice describes how Wisei Accountants meets its obligations under the General Data Protection Regulation. Our Data Protection Officer/Head of Privacy can be contacted at info@wiseiaccountants.co.uk

What are your rights?

If at any point you believe the information we process on you is incorrect you can request to see this information and even have it corrected or deleted. If you wish to raise a complaint on how we have handled your personal data, you can contact our Head of Privacy who will investigate the matter.

Unless otherwise agreed with you, we will only collect basic personal data about you, which does not include any ‘sensitive personal data’. This information does, however, include the likes of your name, work address, email address and job title.

A full list of your rights under GDPR is as follows:

1. The right to access the personal data we hold on you

2. The right to correct and update the personal data we hold on you

3. The right to have your personal data erased

4. The right to object to processing of your personal data

5. The right to data portability

6. The right to withdraw your consent to the processing at any time for any processing of personal data to which consent was sought.

7. The right to object to the processing of personal data where applicable.

8. The right to lodge a complaint with the Information Commissioners Office. You can 

contact the Information Commissioners Office via email, on 0303 123 1113, or at the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF. 








































































































































































































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Wisei Accountants To Keep A Wise Eye on Taxes

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