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  • 99 Lantern Dr, Ste. 301, PO Box 2044
    Doylestown, PA 18901
    Office: (215)348-9511
    Fax: (215)348-9490

  • FEDERAL GIFT TAX AND GENERATION SKIPPING TRANSFERS TAX RETURNENGAGEMENT AGREEMENT

  • Thank you for choosing De Novo Tax and Advisors ("Firm") to assist you with your taxes. This agreement confirms the terms of our engagement with you and outlines the nature and extent of the services we will provide. Any specific services requested by you not provided for in this engagement agreement ("Agreement") may require an additional engagement agreement to cover such requested services. Services that are not specifically identified and defined in this Agreement will not be performed by the Firm.

  • Preparation of Tax Return

  • We will prepare your Form 709 United States gift (and Generation-Skipping Transfer) Tax Return. In preparing your returns, we may use in-house or external processing capabilities with tax preparers being both on site and in remote locations. Secure data transmission processes are in place for document transfers.

  • Federal and state law governs your obligation to file a gift tax return and pay gift tax. The Internal Revenue Service ("IRS") considers a gift to be any transfer to an individual, either directly or indirectly, where full consideration (measured in money or money's worth) is not received in return. Under federal tax law, certain gifts are not taxable, and taxable gifts are subject to an annual gift tax exclusion amount. In addition, a lifetime gift exclusion amount applies to federal transfer taxes per individual.
  • A gift tax return is an individual filing; there is no joint gift tax return. Under certain circumstances spouses may elect to "split" gifts. If you are eligible for, and elect gift-splitting, we will also prepare your spouse's Gift Tax Return.
  • We will not prepare any tax returns except those identified above, without your written request, and our written consent to do so. We will prepare your gift tax return based upon information and representations that you provide to us. We have not been engaged to and will not prepare financial statements. We will not audit or otherwise verify the data you submit to us, although we may ask you to clarify certain information.
  • We will prepare the above-referenced gift tax return solely for filing with the IRS and state and local tax authorities as identified above. Our work is not intended to benefit or influence any third party, either to obtain credit or for any other purpose.
  • You agree to indemnify and hold us harmless with respect to any, and all, claims arising from the use of the tax return for any purpose other than filing with the IRS and other tax authorities regardless of the nature of the claim, including the negligence of any party.
  • The scope of our engagement is limited to the preparation of the gift tax return listed above. It may include tax advice related to the preparation of the gift tax return.
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  • 99 Lantern Dr, Ste. 301, PO Box 2044
    Doylestown, PA 18901
    Office: (215)348-9511
    Fax: (215)348-9490

  • Our engagement does not include any procedures designed to detect errors, fraud, or theft. Therefore, our engagement cannot be relied upon to disclose such matters.
  • This engagement is limited to the professional services outlined above.
  • You agree to provide us with the information and the documentation requested by our firm. This information and documentation is necessary to determine your federal and state gift tax filing obligations.
  • We rely upon the accuracy and completeness of both the information you provide and supporting data you provide in rendering professional services to you.
  • Elections

  • A gift tax return includes elections that may materially affect the taxes owed. Preparation of the gift tax return requires you to make decisions regarding these elections.
  • While we will explain gift tax return elections that you may make and provide recommendations based upon the information you provide, you remain responsible for consulting with your attorney as needed regarding the advisability of making such elections.
  • You agree to instruct us in writing regarding the gift tax return elections to be made by you. You agree that any gift tax return elections reflected on the completed return are made at your instruction following consultation with your attorney.
  • Appraisals and valuations

  • Determining the value of property, other than cash or publicly traded securities, may require an appraisal or valuation. You acknowledge that it is your responsibility to engage a qualified independent third party to determine values of assets other than cash or publicly traded securities. In preparing the gift tax return, we will not independently determine values. You agree to hold us harmless with respect to any additional tax, penalties, interest, and professional fees resulting from any change to an appraisal or valuation determined by third party appraisers or valuators.
  • Documentation

  • You are responsible for maintaining adequate documentation to substantiate the accuracy and completeness of your gift tax return. You should retain all documents that provide evidence and support for reported gifts and deductions reported on your return, as required under applicable tax laws and regulations. You are responsible for the adequacy of all information provided in such documents. You represent that you have such documentation and can produce it, if necessary, to respond to any audit or inquiry by tax authorities. You agree to hold our firm harmless with respect to any additional tax, penalties, interest, and professional fees resulting from the disallowance of tax deductions due to inadequate documentation.
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  • 99 Lantern Dr, Ste. 301, PO Box 2044
    Doylestown, PA 18901
    Office: (215)348-9511
    Fax: (215)348-9490

  • Foreign filing obligations

  • You are responsible for complying with the gift reporting and tax filing requirements of any tax authority outside of the U.S. You acknowledge and agree that we have no responsibility to raise these issues with you and that foreign filing obligations are not within the scope of this engagement.
  • Gifts Received from Foreign Persons

  • If you received a gift from a foreign person or trust, you may be required to file a separate IRS Form 3520, Annual Return to Report Transactions with Foreign Trusts and Receipt of Certain Foreign Gifts. If you ask us to prepare this return, we will confirm this in a separate engagement letter.
  • Consultations

  • It is your responsibility to consult with your attorney and estate planning professionals as needed prior to filing the gift tax return with taxing authorities. Positions taken on a gift tax return may impact your estate taxes and the future income and estate taxes owed by the heirs and beneficiaries of your estate.
  • Ultimate responsibility

  • You have final responsibility for your gift tax return. We will provide you with a copy of your gift tax return and accompanying schedules and statements for review prior to filing with the IRS and state and local tax authorities (as applicable). You agree to review and examine it carefully for accuracy and completeness prior to signing and filing it in a timely manner with the tax authorities.
  • Timing of the Engagement

  • We expect to begin our services upon receipt of all information and documentation requested by our office.
  • Our services will conclude upon the earlier of: mailing or delivery of your gift tax return for your review and filing with the appropriate tax authorities, written notification by either party that the engagement is terminated, or one year from the execution date of this Agreement.
  • Extension of Time to File

  • It may become necessary to apply for an extension of the filing deadline if there are unresolved issues or delays in processing, or if we do not receive all of the necessary information from you on a timely basis. Applying for an extension of time to file may extend the time available for a government agency to undertake an audit of your return or may extend the statute of limitations to file a legal action. All taxes owed are due by the original filing due date. Additionally, extensions may affect your liability for penalties and interest or compliance with governmental or other deadlines.
  • To the extent you wish to engage our firm to apply for an extension of time to file a gift tax return on your behalf, you must notify us of this request in writing. Our firm will not file these applications unless we receive an executed copy of this Agreement and your express written authorization to file for an extension. In some cases, your signature may be needed on such applications prior to filing. Failure to timely request an extension of time to file can result in penalties for failure to file tax returns, which accrue from the original due date of the return and can be substantial. We are available to discuss this matter with you at your request.
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  • 99 Lantern Dr, Ste. 301, PO Box 2044
    Doylestown, PA 18901
    Office: (215)348-9511
    Fax: (215)348-9490

  • Penalties and Interest Charges

  • Federal, state, and local tax authorities impose various penalties and interest charges for non-compliance with tax laws and regulations, including failure to file or late filing of returns, and underpayment of taxes. You, as the taxpayer, remain responsible for the payment of all tax, penalties, and interest charges imposed by tax authorities.
    The IRS describes fair market value as the price for which a property would sell for on the open market. Taxing authorities closely scrutinize excessive valuation discounts from fair market value taken on property gifted to others. IRC §6662, Imposition of Accuracy-Related Penalty on Underpayments, imposes large penalties on substantial gift tax valuation understatements and gross valuation misstatements. You agree to hold us harmless with respect to any tax, penalties, interest, and professional fees resulting from failure to disclose, or inadequate disclosure of, gifts.
    The IRS can assess a gift tax liability within three (3) years after the due date of the return, or three (3) years after the return is filed, whichever is later. Failure to disclose all asset transfers, or inadequate disclosure of gifts, may result in the imposition of penalties and interest charges in addition to extending the period in which the IRS may assess an additional liability.
    We rely on the accuracy and completeness of the information you provide to us in connection with the preparation of your gift tax return. Failure to disclose, or inadequate disclosure of gifts, or tax positions, may result in the imposition of penalties and interest charges.
  • Professional Fees

  • Fees for our services will be charged according to our standard fee schedule for tax return preparation services, which are based on the complexity of your returns (number and type of required forms and schedules and other time considerations). Our services will conclude upon delivery of the completed tax returns or upon our withdrawal from the engagement, if earlier. Fees are considered earned when payment is received or services concluded, whichever is earlier. Invoices are due and payable on the presentation to you. Past due balances may be subject to finance and collection charges. Fees for any accounting work undertaken to produce appropriate financial statements will be charged as part of the fee for tax return preparation services.
  • Jurisdiction

  • Notwithstanding anything contained herein, our firm and you agree that regardless of where you are domiciled and regardless of where this agreement is physically signed, this Agreement shall have been deemed to have been entered in to at the offices of De Novo Tax and Advisors LLC located Bucks County, Pennsylvania, USA. Bucks County, Pennsylvania, USA shall be the exclusive jurisdiction for resolving disputes related to this engagement agreement. This engagement shall be interpreted and governed in accordance with the Laws of Pennsylvania.
  • Dispute Resolution

  • If a dispute arises out of or relates to this Agreement, or the breach thereof and the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation
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  • 99 Lantern Dr, Ste. 301, PO Box 2044
    Doylestown, PA 18901
    Office: (215)348-9511
    Fax: (215)348-9490

  • administered by the American Arbitration Association under the Dispute Resolution Rules for Professional Accounting Services Dispute Resolution Rules before resorting to arbitration, litigation, or some other dispute resolution procedure. The costs of any mediation proceeding shall be shared equally by all parties.

  • Conclusion of the Agreement

  • We will return your original records to you at the conclusion of this engagement. You should securely store these records, along with all supporting documents, cancelled checks, etc. as these items may later be needed to prove accuracy and completeness of a return. We will also provide copies of the filed returns for your records. We will retain copies of your records and our work papers for your engagement for seven years, after which these documents will be destroyed. We take every precaution to ensure that your sensitive information is securely stored.

  • Our engagement to prepare your tax returns will conclude with the delivery of the completed returns to you (if paper filing) or your signing, and the subsequent submittal of your tax return (e-filing). As in previous years, you will remain solely responsible for filing the paper returns with the appropriate tax authorities. Review all tax return documents carefully before signing them, as you are responsible for
    the content of the return.

  • We appreciate the opportunity to serve you. To affirm that this Agreement correctly summarizes your understanding of the arrangements for this work, please sign below:

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  • De Novo Tax and Advisors, LLC
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  • John R. Hickey III, EA`
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