{fullLegal},
Hawk Tax Solutions LLC is pleased to provide the professional services to {fullLegal} described herein. Please read this letter carefully, because it outlines expectations by both Hawk Tax Solutions LLC and {fullLegal}. The intention of this letter is to confirm your understanding of, and agreement with, both what is included with our services, as well as the limitations of the services you have asked us to perform.
Please be aware that the Internal Revenue Code Section 7201 provides in part that it is a crime to “attempt in any manner to evade or defeat any tax imposed.” Client understands that Hawk Tax Solutions will never advise in any form or manner to violate Internal Revenue Code Section 7201, and any advice given by our Tax Practitioners should never be misinterpreted in such a manner as to violate said section. Our services are based upon information you provide and we assume that all information provided is accurate and correct. We will not audit or otherwise verify the data you submit or that is provided directly by Client.
Our engagement cannot be relied upon to disclose errors, irregularities or illegal acts, including fraud or defalcations, which may exist. We may inform you of any matters that come to our attention.
Scope of Engagement
Hawk Tax Solutions LLC will provide professional services at your request. You have engaged us to maintain the specified scope of services for Client as setforth below:
We will prepare your {taxYear} federal and state income income tax returns from the information that you furnish to us. Unless otherwise noted, we will perform our services in accordance with the U.S. Treasury Department Circular 230. We will depend on you to provide the information we need to complete an accurate assessment and provide recommendations. We may ask you to clarify some items but will not audit or otherwise verify the data you submit. Review or revision of prior year(s) returns is also available at an additional charge.
Should we encounter instances of unclear tax law, or of potential conflicts in the interpretation of the law, we will outline the reasonable courses of action and the risks and consequences of each. We will ultimately adopt, on your behalf, the alternative you select.
Period of Engagement
We expect to begin our services upon receipt of the completed {taxYear} Tax Organizer and all tax documents requested either in the {taxYear} Tax Organizer or by our team. If your return is electronically filed, our services will conclude upon the earlier of:
- The filing and acceptance of your {taxYear} tax returns by the appropriate tax authorities;
- Written notification by either party that the engagement is terminated; or
- 1-year from the execution date of this Agreement.
If you have the option to file a paper return and choose to do so, our services will conclude upon the earlier of:
- Mailing or delivery to you of your {taxYear} tax returns for your review and filing with the appropriate tax authorities;
- Written notification by either party that the engagement is terminated; or
- 1-year from the execution date of this Agreement.
Notice of variation or termination must be given in writing. If you terminate this engagement before completion, or should we choose to withdraw due to failure to timely pay any balances owed, you agree to pay our current hourly rate for work completed at $200.00 per hour for Enrolled Agents and CPAs, and $125.00 per hour for administrative support. Any amounts you have paid to us will be applied to work already performed at the rate stated above, prior to any refunds you may be due. Should you fail to complete your responsibilities in a professional and timely manner as set forth above, we may at our discretion, cease our representation deeming all payments for services fully earned and non-refundable.
Situations that may result in termination of a case include, but are not limited to, failure to fulfill the taxpayer responsibilities, failure to meet the deadlines, and failure to timely pay the agreed upon fees.
Fees
Our fees can be found on our website at www.hawktaxsolutions.com/pricing/tax-pricing but may vary based upon the complexity of your return. We will furnish you with organizers to guide you in gathering the necessary information which will assist us in keeping our fee to a minimum. Invoices are due and payable upon presentation. Fees must be paid before your tax return is filed. To the extent permitted by state law, an interest charge may be added to all accounts not paid within thirty (30) days. In the event that any collection action is required to collect unpaid balances due to us, you agree to reimburse us for our costs of collection, including attorneys’ fees. You will be billed separately for any additional services requested.
This engagement does not encompass accounting, audit, state filing fees, unpaid tax liabilities, penalties or interest nor does communication with government agencies or tax authorities on your behalf. Should you receive an inquiry, you may request that we assist you in responding to such inquiry. Your returns may be selected for examination by the taxing authorities. If your tax return is selected for examination or audit, you may request our assistance or representation. Please be advised that any proposed adjustments are subject to certain appeal rights. We are available upon request to represent your interests during an exam, audit, or inquiry. Additional invoices for time and expenses will be provided.
Should you provide us a copy of the data-file for an existing QuickBooks or other computerized ledger, we will review the file you maintain, make inquiries and/or recommendations for any issue(s) that are discovered or has/have been indicated as existing. These inquiries will be to determine the proper handling of an item, and the recommendations may include correcting journal entries, reclassification of entries, suggested training, or changes in QuickBooks lists, preferences, or other features. Depending on the agreed upon procedure, we will provide, execute and/or implement the recommendations. To the extent we render any bookkeeping assistance, it will be limited to those tasks we deem necessary for the preparation of the returns and billed at our hourly rates. Additional charges will apply for such services.
Results
Although we will use our best efforts to achieve your mutual goals as part of this engagement or representation, by law, we cannot guarantee a favorable outcome. This is because favorable outcomes depend on a variety of factors. We will make certain recommendations that will be up to you to implement. Once we make recommendations, you understand and agree that we will have no responsibility to make sure that you follow our advice.
Unanticipated Services
Only the services which are listed in the attached schedules are included within the scope of our instructions. If there is additional work that you wish us to carry out which is not listed in the schedule, any additional work will be quoted to you before the commencement of said additional work. Once the scope of the additional work is agreed upon, we will issue an additional or updated letter of engagement via our online proposal system, and will ask you to sign the new agreement before we commence the new work.
Furthermore, you will agree that if an unanticipated need arises (such as an audit or an amended tax return, this additional work will be performed only after arriving at a mutually agreed-upon price and a Change of Service Request is accepted with a digital signature.
Service and Price Guarantee
Hawk Tax Solutions LLC will always stand behind the quality and professional nature of the services that we offer. If at any point you are not completely satisfied with the services we have performed, we encourage you to bring this to our attention immediately. We'd love the opportunity to correctly address your concerns and allow us a chance to win your trust back and prevent similar problems from happening in the future.
If you are still not satisfied with the outcome of our services, we will work towards a mutual agreement regarding the payment for services completed. As an example, we may agree to either forgive the related payment or accept a portion of the originally agreed price that reflects your level of satisfaction.
Client Responsibilities
Client is responsible for the reliability, accuracy and completeness of the accounting records, particulars and information provided and disclosure of all material and relevant information. Client is required to arrange for reasonable access by us to relevant individuals and documents, and shall be responsible for both the completeness and accuracy of the information supplied to us. Any advice given to Client is only an opinion based on our knowledge of your particular circumstances.
Based on questions and/or concerns you have, regarding your ongoing financial reporting, accounting records, and business management issues, we will offer our opinion(s) and describe any alternatives we are aware of. Our opinion(s), and related alternatives, will be based on our knowledge, training and experience, but at all times, the decisions you make are strictly yours, as is the responsibility for the financial records of your company.
If necessary, we may suggest you contact your attorney, one of our strategic partners with that specific expertise, or someone else better suited to assist you.
Please note that work performed before the IRS and other taxing agencies is time sensitive; Therefore, it is imperative that you stay current with regards to payments and responds upon receipt of requests for information and documents. You agree to provide truthful and complete answers to our questions, as well as provide requested documents by mutually-agreed upon deadlines, maintain proper records that are substantially accurate. We will not audit or otherwise verify the data you submit or that is provided directly by Client. To enhance security and save time, Hawk Tax Solutions is a paper-free office. We ask that all documents be submitted electronically through our web-based portal. You agree to keep us updated on any changes to your current information, to include, but not limited to, address and phone numbers, appear within reasonable notice to any, as well as comply with all reasonable requests in connection with this representation. You agree to immediately send us a copy of any correspondence received from the IRS or state taxing authorities and promptly return any tax forms or returns as required.
Document Retention
During the course of our work with you, we may use one or more third party applications (including internet-based application providers) to provide portions of our services to you. This may include online filing of your accounts payable or other business documents. By signing this agreement, you confirm that you understand the services being provided and also agree that Hawk Tax Solutions LLC is not liable for record retention or any other aspect of the services provided by these third parties, even if we absorb the cost (in part or in full) of a third-party service as a benefit to you. You at all times assume responsibility for a decision to maintain hard copies of your original documents or to limit your document retention to the digital copies stored by the web application.
It is our policy to keep records related to this engagement for 7 years for discontinued clients and indefinitely for ongoing clients. If you are unsure as to how to best maintain your records, please let us know and we can review this with you. We will provide you with copies of all reports prepared that should be a part of your books and records, but our records pertaining to this engagement are not a substitute for your original records, and physical deterioration or catastrophic events may shorten the term during which our records will be available.
In the unlikely event that we do obtain any hard copy documents from you, all original paper documents provided by you will be returned to you promptly as our work is complete. We do not keep copies of these documents as a policy. It is your responsibility to safeguard your documents in case of future need. We may occasionally keep some copies we deem necessary to our work.
If our engagement with you ends for any reason, we may provide you with the option to continue any third-party subscription-based services at your expense (in some cases we may have absorbed the cost of these services during our work with you). If the foregoing is applicable, we do offer continuation of the applicable services, you agree to complete the transfer of services to your name and assume responsibility for payment within 10 days of the end of our work with you. Our "end date" will be defined as the 11th business day following the date shown on the email or letter of termination/resignation transmitted by either party. You understand that if you do not assume responsibility for these services that they may be cancelled. Additional fees may apply if you elect to restore those services (if that option is available from the service provider) or request copies (digital or hard copy) of records from the third-party provider.
Privacy Policy
The nature of our work requires us to collect certain nonpublic, personal information about you from various sources. We may collect financial and personal information from applications, worksheets, reporting financial statements, and other documents, data and forms, as well as interviews and conversations with our clients and affiliates. Our office has procedures and policies in place to protect your confidential information. Hawk Tax Solutions restricts access to your confidential information to those within our firm and involved affiliates who have a reasonable need to know in order to provide you with services. We will not disclose your personal information to any third party without your express permission, except where required by law.
We maintain physical, electronic, and procedural safeguards in compliance with state and federal regulations that protect your personal information from unauthorized access. 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 for any loss or damage to any person 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. The most secure means of submitting documents is through our web-based portal.
Power of Attorney
Should representation be included in this Engagement, it shall not occur until this Engagement Letter has been executed and does not include the defense of any criminal charges or Court appearances. This contract does not apply criminal charges are brought against you or if it is possible or necessary to make Court appearances or to make a judicial appeal with regards to any determination reached through this representation.
We maintain the right to terminate Power of Attorney representation for your failure to cooperate and/or your failure to make payment of any fees and/or costs as provided for under the terms of this agreement. Failure to respond within 48 hours of request will result to no responsibility. If the taxpayer becomes deceased during representation, our representation will be terminated in accordance with IRM 21.1.3.3, which states that once the IRS is aware “that the taxpayer is deceased, the third-party authorizations (POA’s, TIA’s) are nullified.”
Conflict of Interest
Under Circular 230, the Treasury regulations governing ethical standards applicable to practice before the IRS, deals with conflicting interests at Section 10.29 (31 C.F.R. §10.29). It forbids federal tax practitioners from having conflicts of interest, defined as representation of one client that is directly averse to that of another client, or representing a client in circumstances creating a significant risk that the representation of one or more clients will be materially limited by the practitioner’s responsibilities to another client, a former client, or a third person or by a personal interest of the practitioner. Should we be unable to proceed with our representation due to a conflict of interest, such as may be caused by a divorce if we represent both spouses, we will be required to terminate the representation and we will provide an accounting of the fees paid to our office.
Indemnification
In the event we are required to respond to a subpoena, court order, or other legal process for the production of documents and/or testimony relative to information we have obtained and/or prepared during the course of this engagement, you agree to reimburse us for all of our labor and out-of-pocket costs incurred in that regard. In the event that we are or may be obligated to pay any cost, settlement, judgment, fine, penalty, or similar award or sanction as a result of a claim, investigation, or other proceeding instituted by any third party, and if such obligation is or may be a direct or indirect result of any inaccurate, incomplete, or misleading information that you provide to us during the course of this engagement (with or without your knowledge or intent), you agree to indemnify us, defend us, and hold us harmless as against such obligation.
Governing Law
You agree that any dispute (other than our efforts to collect an outstanding invoice) that may arise regarding the meaning, performance, or enforcement of this engagement or any prior engagement that we have performed for you, will, prior to resorting to litigation, be submitted to mediation, and that the parties will engage in the mediation process in good faith once a written request to mediate has been given by any party to the engagement. The costs of any mediation proceeding shall be shared equally by the participating parties. This Agreement shall be governed by the laws of the State of Texas. Venue shall be within Collin County, Texas.
Severability
In the event any portion of this Agreement should be declared to be invalid, then the remaining portions thereof shall remain in full force and effect and the Agreement shall be interpreted so as to carry out the original intent of the parties.
Sincerely,
Hawk Tax Solutions LLC
By signing below, you acknowledge and agree that you have read, understand, and accept your obligations and responsibilities and that you understand our responsibilities in the engagement of services as explained herein.