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Information for Clients from the Tax practitioners board Information for clients – Tax Agents Information for Clients – BAS agents
Terms and Conditions - WOODLAND FOR THE TREES
- Who may instruct us
You confirm that you, and any other person you nominate in
writing from time to time (provided we have acknowledged such nomination), are
authorised to give us instructions and information on behalf of all persons we
are acting for and to receive our advice and documents on their behalf.
If we are acting for a business, and we receive conflicting
advice, information or instructions from different persons, we may refer the
matter to the board of directors, partners or proprietors (as applicable) and
act only as requested by them.
- Know
your customer
We may be required to verify your identity for the purposes
of the anti-money laundering laws. We may request from you such information as
we require for these purposes and make searches of appropriate databases.
- Your
responsibilities
You must provide us with all information necessary for
dealing with your affairs including information which we reasonably request, in
sufficient time to enable our services to be completed before any applicable
deadline. We will rely on such information to be true, correct and
complete and will not audit the information.
You authorise us to approach such third parties as it may be
appropriate for information that we consider necessary to deal with your
affairs.
You must keep us informed on a timely basis of changes in
your circumstances that may affect our services.
- Qualifications
on our services
To the extent our services involve the performance of
services established by law, nothing in the engagement letter or these terms
reduce our obligations under such law.
You must not act on advice given by us on an earlier
occasion without first confirming with us that the advice is still valid.
Our services are limited exclusively to those you have
engaged us to perform. Unless otherwise specified in the engagement
letter, our services cannot be relied upon to disclose irregularities and
errors, including fraud and other illegal acts, in your affairs. Neither an
audit nor a review will be conducted and, accordingly, no assurance will be
expressed.
Where our engagement is recurring, we may amend our
engagement letter and these terms where we consider it is necessary or
appropriate to do so. If you do not accept such amendments, you must
notify us promptly in which case you may terminate our engagement in accordance
with section 18 below and those amendments will not apply prior to such
termination.
- Reliance
on advice
We will endeavour to record all advice on important matters
in writing. Advice given verbally is not intended to be relied upon unless
confirmed in writing. If we provide verbal advice (for example during a meeting
or telephone conversation) that you wish to rely on, you must ask us to confirm
the advice in writing.
- Investment
and financial advisory advice
We will not provide you with investment or financial advice
regulated under the Corporations Act 2001 (Cth) unless we have
expressly agreed to do so in writing, specifying an applicable Australian
Financial Services License number.
- Professional
obligations
We will comply with the professional and ethical standards
of the Accounting Professional and Ethical Standards Board, available at
apesb.org.au. This includes APES 110 Code of Ethics for Professional
Accountants (including Independence Standards), which among other things
contain provisions that apply if we become aware of any actual or potential
‘non-compliance with governing laws or regulations’ (NOCLAR). Where any such
non-compliance poses substantial harm (such as serious adverse consequences to
investors, creditors, employees, auditor, group auditor or the public), we may
be required to disclose the matter to an appropriate authority.
- Conflicts
of interest
We will inform you if we become aware of any conflict of
interest in our relationship with you (including between the various people
this engagement letter covers) 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 will be unable to provide further services to
some or all of the people to whom this engagement applies. If this arises, we
will inform you promptly.
We may act for other clients whose interests are not the
same as or are adverse to yours, subject to the obligations of conflicts of
interest and confidentiality referred to above.
- Fees
and payment
Our fees will be charged on the basis set out in the
engagement letter and have been set based on the level of skill,
responsibility, importance and value of the advice, as well as the level of
risk. Ongoing engagements are subject to periodic scope pricing reviews.
Engagements are subject to annual CPI increases.
Services Clients will be billed according to the terms
of their engagement.
Tax Return Clients will be billed on completion of
their taxation return with payment to be received prior to lodgement.
Unless otherwise agreed to the contrary, our fees do not
include the costs of any counsel, or other professionals or third parties
engaged with your approval.
We intend to exercise these rights only where it is fair and
reasonable to do so.
- Lien
If permitted by law or professional guidelines, we may
exercise a lien over all materials or records in our possession relating to all
engagements for you until all outstanding fees and disbursements are paid in
full.
- Confidentiality
We will take all reasonable steps to keep your information
confidential, except where:
- we
need to disclose your information to our service providers (including
auditors of client monies if applicable) or regulatory bodies in
performing the services, our professional advisers or insurers or as part
of an external peer review from time to time. Our files may also be
subject to review as part of the quality review program of Chartered
Accountants Australia and New Zealand. By accepting this engagement, you
acknowledge that, if requested, our files relating to this engagement will
be made available under this program. We will take reasonable steps to
ensure any such recipient (other than a regulatory body) keeps such
information confidential on the same basis;
- we
are required by law, regulation, a court of competent authority, or those
professional obligations referred to in section 8 above, to disclose the
information;
- we
provide limited information (but only to the extent reasonably necessary)
to potential purchasers (or their professional advisors) of our practice
but we will take reasonable steps to ensure that any such recipient keeps
the disclosed information confidential;
- we
use the information for training purposes, in the development of products
or technology, in research or as source material for industry or other
benchmarking data or studies (and it should be confirmed whether the
personal information and/or identity of a person would be identifiable or
de-identified from the outset; or
- you
give us permission to disclose the information.
We may retain your information during and after our
engagement to comply with our legal requirements or as part of our regular IT
back-up and archiving practices. We will continue to hold such information
confidentially.
Where we use the information for training purposes, product
or technology development, research or as source material for industry or other
benchmarking data or studies, the identity of any individual or entity to which
such information relates will not be identifiable from the output of the
activity for which the information is to be used or disclosed.
- Privacy
You must make all necessary notifications and obtain any
necessary consents for us to process personal information you provide to us. We
collect and use that personal information for the purpose of providing the
services described in the engagement letter to you and we will comply with
the Privacy Act 1988 (Cth) when processing that personal
information. Our privacy policy provides further details of our privacy
practices.
- Ownership
of materials
We own the copyright and all other intellectual property
rights in everything we create in connection with this engagement. Unless we
agree otherwise, anything we create in connection with this agreement may be
used by you only for the purpose for which you have engaged us.
- Limitation
of liability
Our liability is limited by a scheme approved under
Professional Standards Legislation.
You agree not to bring any claim against any of our
principals in their personal capacity.
To the maximum extent permitted by law, we are not liable to
you for:
- indirect,
special or consequential losses or damages of any kind; or
- liability
arising due to the acts or omissions of any other person or circumstances
outside our reasonable control, or your breach of these terms.
- Limitation
of third-party rights
Our advice and information is for your sole use, and we
accept no responsibility to any third party, unless we have expressly agreed in
the engagement letter that a specified third party may rely on our work.
- Termination
Each of us may terminate this agreement by giving not less
than 21 days’ notice in writing to the other party except where a conflict of
interest has arisen, you fail to cooperate with us or we have reason to believe
that you have provided us or any other person with misleading or factually
inaccurate information, in which case we may terminate this agreement
immediately. Termination will not affect any accrued rights.
- Communication
You must advise of any changes to your contact
details. We may send any communications to the last contact details you
have provided. Unless you instruct us otherwise, we may, where appropriate,
communicate with you and with third parties via email or by other electronic
means. The recipient is responsible for virus checking emails and any
attachments. There is a risk of non-receipt, delayed receipt, inadvertent
misdirection or interception by third parties in any form of communication,
whether electronic, postal or otherwise. We are not responsible for any
such matters beyond our control.
- Applicable
Law
Our engagement is governed by Western Australian law.
The courts sitting in that Western Australia will have non-exclusive
jurisdiction in relation to any dispute between us.
- Interpretation
If any provision of the engagement letter or these terms is
void, that provision will be severed and the remainder will continue to
apply. If there is any conflict between the engagement letter and these
terms, these terms prevail.
- Disputes
and complaints
If you have any concerns about our costs or services, please
speak to the person responsible for this engagement, who is identified in our
engagement letter. To resolve your concerns, we have policies and
procedures in place to deal appropriately with complaints and will use best
endeavours to resolve a complaint or dispute to the mutual satisfaction of the
parties involved. We may require you to detail your complaint in writing to
allow us to fully investigate any concerns that you raise.
Where your complaint concerns a tax agent service or BAS
agent service that we have provided, you also have the right to make a
complaint to the Tax Practitioners Board in accordance with their complaints
process described here https://www.tpb.gov.au/complaints.
- Third
party responsibilities
We may utilise outsourced service providers and cloud
computing service providers.
To perform the services, we may provide these third parties
with access to your data to the extent this is required to perform the
services.
Your data will be stored in servers physically located in
Australia (unless otherwise specified) and in accordance with the security
practices of the third-party service provider and our Privacy Policy.
- Consumer
Data Rights
You may consent for an Accredited Data Recipient under the
Consumer Data Right (CDR) to disclose your CDR data to us. You may
nominate us as your Trusted Adviser for this purpose. As your Trusted
Adviser, we will only access the data necessary to provide the services in this
engagement letter.
- Register
of Tax Agents and BAS Agents available for you to search
The Tax Practitioners Board (TPB) maintains a register with
details of registered, suspended and deregistered tax and BAS agents.
This register is available to the public to search at https://www.tpb.gov.au/public-register.
We are obliged to advise clients of certain events which may
influence your decision to engage us as your tax agent.
There are no current issues to advise you on.
We are also obliged to advise you whether there are any
conditions attached to our registration.
There are no current conditions attached to our
registration.
- Your
rights under Taxation Laws (including Tax Agent Services Act and the
Tax Agent Services (Code of Professional Conduct))
Please refer to the attached fact sheet published by the Tax
Practitioners Board (TPB), summarising your obligations to the ATO, and your
tax practitioner’s obligations to you, the TPB and ATO.
The fact sheet is here: https://www.tpb.gov.au/sites/default/files/2025-06/Keeping%20your%20clients%20informed_Factsheet.pdf.