These Terms & Conditions apply with effect from 25th May 2018.
We undertake to prepare the Income Tax Returns of landlords (both UK resident and overseas resident – also known as non-resident) from the information supplied by the lettings agent, the lender and from the client himself/herself. We rely upon the information being provided to us being complete, accurate and timely in its submission. We cannot be held responsible for the consequences of inaccurate, incomplete or late submission of data to us. We reserve the right to charge an additional fee where the information supplied is incomplete, inaccurate or late.
In accepting these Terms & Conditions you also accept our fee scale appropriate to your country of residence, available on our Web site.
All our fees are payable in advance. Fees may be paid by the letting agent out of the next available rent or, if the landlord is paying the fee direct then the fee is payable immediately on demand.
You should be aware that in common with all accountancy practices, we are required by the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 to:
- maintain identification procedures for all new clients
- maintain records of identification evidence
- report in accordance with the relevant legislation and regulations to the NCA (National Crime Agency) any suspicion that a person is in possession of the proceeds of crime
RETENTION OF AND ACCESS TO RECORDS
During the course of our work we will collect information from you and others acting on your behalf and may return any original documents to you. You should retain these records for at least seven years from the end of the accounting year to which they relate.
Whilst certain documents may legally belong to you, we intend to destroy correspondence and other papers that we store which are more than seven years old, other than documents which we consider to be of continuing significance. If you require retention of any document you must notify us of that fact in writing.
If you instruct us, our engagement is governed by and construed in accordance with English law. The Courts of England will have exclusive jurisdiction in relation to any claim, dispute or difference concerning this engagement and any matter arising from it. Each party irrevocably waives any right it may have 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.
Internet communications are capable of data corruption and therefore we do not accept any responsibility for changes made to such communications after their despatch. It may therefore be inappropriate to rely on advice contained in an e-mail without obtaining written confirmation of it. We do not accept responsibility for any errors or problems that may arise through the use of internet communication and all risks connected with sending commercially sensitive information relating to your business are borne by you. If you do not agree to accept this risk, you should notify us in writing that e-mail is not an acceptable means of communication.
It is the responsibility of the recipient to carry out a virus check on any attachments received.
- We collect ID material from you to satisfy the ID requirements of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (hereafter the “ML 2017 Regs") and we collect what you tell us and some publicly available data to supplement our “know your client” file, also a requirement of the ML 2017 Regs.
- We collect the information that you supply and your letting agent supplies (and occasionally your solicitor) to enable us to prepare your UK tax returns.
Additionally we use your name and email address in our mailing list to enable us to send to you Newsletters
We will only disclose the personal or other information we hold about you to the relevant authorities and only if required to do so by law, or in compliance with a Court Order, or in accordance with your instructions.
None of your information is shared with any third party, however a small number of select suppliers (e.g. IT support) may have access to your data. We take steps to ensure that any service providers that we use will prevent access to your data by any third party.
We do use email because it is impractical to serve our many overseas clients without doing so. Of necessity these emails may be routed outside the EU (especially if the recipient is outside the EU). While we take steps to ensure that all emails are correctly addressed, we cannot be liable for the consequences of an email being intercepted, however unlikely this is.
HELP US TO GIVE YOU THE RIGHT SERVICE
If at any time you would like to discuss with us how our service to you could be improved, or if you are dissatisfied with the service you are receiving, please let us know, by telephoning Maurice Patry, our managing director.
We undertake to look into any complaint carefully and promptly and to do all we can to explain the position to you. If you feel that we have given you a less than satisfactory service, we undertake to do everything reasonable to address your concerns. In the unlikely event that we cannot adequately address the cause of your dissatisfaction you may write to The Institute of Chartered Accountants in England and Wales with whose ethical standards we comply.
CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
Persons who are not party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
The advice that we give to you is for your sole use and does not constitute advice to any third party to whom you may communicate it. We accept no responsibility to third parties for any aspect of our professional services or work that is made available to them.
LIMITATION OF LIABILITY
We will provide our professional services with reasonable care and skill. However, we will not be held responsible for any losses arising from the supply by you or others of incorrect or incomplete information, or your or others’ failure to supply any appropriate information or your failure to act on our advice or respond promptly to communications from us or other relevant authorities.
You agree to hold harmless and indemnify us against any representation, whether intentional or unintentional, supplied to us orally or in writing in connection with this agreement. You have agreed that you will not bring any claim in connection with services provided to you by us against any of our employees or directors on a personal basis.
The liability of Landlords Tax Services Ltd whether in contract or in tort, in negligence, for breach of statutory duty or otherwise in respect of any claim or series of claims shall not exceed £5,000. Landlords Tax Services Ltd reserves the right to re-process any work found to have been incorrect at its own expense.
We reserve the right to terminate this or any appointment at any time without providing a reason. In the event of termination you agree that we shall not be liable for all or any loss whether consequential or otherwise.
In the event of termination of our appointment all fees due to the point of termination shall remain payable.
In accordance with the disclosure requirements of the Provision of Services Regulations 2009, our professional indemnity insurer is Aqueous Underwriting, Meridien House, 69-71 Clarendon road, Watford, Hertfordshire WD17 1DS. The territorial coverage is worldwide excluding professional business carried out from an office in the United States of America or Canada.
We will provide taxation advice from time to time when asked to do so. However we do not provide advice on what we would consider to be aggressive tax avoidance schemes. The decision as to what comprises an aggressive tax avoidance scheme shall remain ours alone. Landlords Tax Services Ltd shall not be liable for the consequences of not providing such advice.