Other Client and Firm Responsibilities
It is your responsibility to provide complete tax information to us in a timely manner so that we can prepare your tax return in time for you to file it by the due dates. You also have the final responsibility for the tax returns and, therefore, once you have received them, you should carefully review the returns to determine that there are no omissions or misstatements before signing them and submitting them to the tax authorities or authorizing e-filing of the returns.
The Firm will use its best judgement to resolve questions in your favor where a tax law is unclear, if we have a reasonable belief that there is substantial authority for doing so. If there are conflicting interpretations of the law, we will explain the possible positions that may be taken on your return. We will follow the position you request, provided it is consistent with our understanding of the tax reference materials. Tax reference materials include, but are not limited to, the Internal Revenue Code (IRC), tax regulations, Revenue Rulings, Revenue Procedures, Private Letter Ruling, court cases, and similar state and local guidance. We assume no liability, and you hereby release us from any liability including but not limited to, additional tax penalties, interest, and related professional fees.
If the tax returns prepared in connection with this engagement are filed using the married filing jointly filing status, both spouses are deemed to be clients of the firm under the terms of this Agreement. Both spouses acknowledge that there is no expectation of privacy from the other concerning our services in connection with this Agreement. We are at liberty to share with either of you, without prior consent of the other, documents and other information concerning the preparation of your tax returns. If this is not acceptable to either party, under the rules regarding conflicts of interest, the Firm may be required to divest itself of the preparation of either or both parties tax preparation. You must notify us immediately in writing as to your concerns, so that we can make the appropriate decision or recommendation as to preparation of the returns.
Not every interpretation of promulgated tax rules is straightforward and/or without uncertainty. Accordingly, we will use our professional judgment in preparing your returns. If a tax authority should later contest a position taken, or otherwise impose penalties and/ or interest for non-compliance with tax laws and regulations, there may be an assessment of additional tax plus interest and/or penalties. We assume no liability for any such additional assessments. Any items resolved against you by the examining agent are subject to certain rights of appeal. In the event of an examination, we may be available to represent you. Since the selection of your return for review or examination is beyond our control, our fee to prepare your returns do not include responding to inquiries or examinations by tax authorities. In the event we are required by law, government regulation, subpoena, or other legal process, to produce documents or testimony with respect to this Agreement, so long as we are not a party to the proceeding in which the information is sought, you agree to reimburse us for our professional time and expenses, as well as the fees and expenses of our counsel incurred in responding to such demands.
Foreign Assets, Gifts, Investments, Expatriate status and Filing Requirements
If you received a gift or a bequest from a foreign person or trust, you may be required to file a separate I.R.S. Form 3520, Annual Return to Report Transactions with Foreign Trusts and Receipt of Certain Foreign Gifts or Form 3520-A, Annual Information Return of Foreign Trust with a U.S. Owner. You are required to inform us of any such transactions with foreign persons or entities.
Based on the information you provide, you may have additional filing obligations including but not limited to:
• Ownership of an officer relationship with respect to certain foreign corporations (Form 5471);
• Foreign-Owned U.S. corporation or domestic disregarded entity (Form 5472);
• Foreign corporation engaged in a U.S. trade or business (Form 5472);
• U.S. transferor of property to a foreign corporation (Form 926);
• U.S. person with an interest in a foreign trust (Forms 3520 and 3520-A);
• U.S. person with interests in a foreign partnership (Form 8865);
• U.S. person with interests in a foreign disregarded entity (Form 8858)
• Statement of specified foreign assets (Form 8938)
• U.S. person owning or having an interest in any foreign checking, savings, custody or any type of
foreign depositary or investment accounts or ownership of real property (Form 8938 and FBAR
114).
You are responsible for informing us of all foreign assets owned directly or indirectly, including but not limited to financial accounts with foreign institutions, other foreign non-account investments, and ownership of any foreign entities, regardless of amounts. If upon review of the information you have provided to us, including information that comes to our attention, we believe that you may have additional filing obligations, we will notify you.
Failure to timely file the required forms may result in substantial civil and/or criminal penalties. With your signature below, you agree to provide us with complete and accurate information regarding any foreign investments in which you have a direct or indirect interest, or over which you have signature
authority, during the tax year.
The foreign reporting requirements are very complex. If you have any questions regarding the mapplication of the reporting requirements for your foreign interest or activities, please ask us and we will respond in writing. Only advice that is in writing may be relied upon. We assume no liability for
penalties associated with the failure to file or untimely filing of any of these forms.
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.
Communications
Our firm may utilize electronic communications (e.g., fax and email) during this engagement. Youm consent to our Firm’s use of electronic communications and recognize and accept the inherent risks related to these forms of communication (including the security risks of interception of or unauthorized access to such communications, the risks of corruption of such communications, and the risks of viruses or other harmful intrusions). Our Firm, in recognition of these risks, does have secure email capability well as a secure Internet Portal which allows the secure transmission of documents and other communications.
In the interest of facilitating our services to you, we may send data over the internet, temporarily store electronic data via computer software applications hosted remotely on the internet or utilize cloudbased storage. Your confidential electronic data may be transmitted or stored using these methods. In using these data communication and storage methods, our firm employs measures designed to maintain data security. We use reasonable efforts to keep such communication and electronic data secure in accordance with our obligations under applicable laws, regulations, and professional standards. You recognize and accept that we have no control over the unauthorized interception or breach of any communications or electronic data once it has been transmitted or if it has been subject to unauthorized access while stored, notwithstanding all reasonable security measures employed by us. You consent to our use of these electronic devices and applications during this engagement. We do not respond to any request from banks, mortgage brokers or others for verification of any information reported on these returns. We do not communicate with third parties or provide them with copies of tax returns. You may authorize the Firm to provide documentation to such third parties in writing specifically identifying documents requested.
Disclaimer of Legal and Investment Advice
Our services under this Agreement do not constitute legal or investment advice. We recommend that you retain legal counsel and investment advisors to provide such advice.
Tax Advice
Any advice we may provide is based upon tax reference materials, facts, assumptions, and representations that are subject to change. We will not update our advice after the conclusion of the engagement for subsequent legislative or administrative changes or future judicial interpretations. To
the extent we provide written advice concerning federal tax matters, we will follow the guidance contained in I.R.S Circular 230, §10.37, Requirements for Written Advice.
Tax Planning Services
Tax planning Services are not within the scope of this engagement. During the preparation of the tax returns identified above, we may bring to your attention potential tax savings strategies for you to consider as a possible means of reducing your taxes in subsequent tax years. However, we have no
responsibility to do so, and will take no action with respect to such recommendations, as the responsibility for implementation remains with you, the taxpayer. If you ask us to provide tax planning serviced, and we agree to provide them to you, we will confirm this engagement in a separate agreement.
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 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). If you choose to opt out of electronic filing, or are not allowed to electronically file, there is an additional
charge of $45 to our tax preparation fees. 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: