This Independent Contractor Agreement is made effective as of the signed date below (“Date”) by Tax preparer (“Preparer”) and Firm (“Firm”)
In this Agreement, the party who is contracting to receive the services shall be referred to as “Firm,” and the party providing the services shall be referred to as “Preparer."
1. DESCRIPTION OF SERVICES. Beginning on the date signed, Preparer will provide the following services (collectively, the "Services"): tax preparation services; client file management, and document retention.
2. REMUNERATION FOR SERVICES. Preparer is entitled to receive a portion of fees collected from clients for Services rendered per the option indicated below. PTIN Preparer is required to issue an invoice to Firm for Services provided to his/her clients that have chosen to pay Preparer from their refund. Preparer will be paid from fees actually collected from clients' refunds. Firm is not responsible for client fees due to Preparer that were not paid to Preparer upfront, or not funded from the refund and will not be paid in instances where no fees are collected from clients. Where a client’s fee will be taken from that client’s refund, Preparer will not be paid until such time as that refund is issued. Preparer is responsible for establishing the fee that is charged to each customer.
PTIN ONLY FEES EFIN ONLY FEES
Bank Fee- $39.95 Bank Fee- $39.95
Transmission Fee (Software)-$30 Transmission Fee (Software)- $30
Service Bureau Fee-$99 Service Bureau Fee- $99
Addtl: Compliance-$16
Addtl: Audit Protection : - $79
3. TERM/TERMINATION. This agreement will start on (Dec 7, 2025) and end on (April 15, 2026) The term may be extended upon written agreement of both parties. Either party may terminate the Agreement prior to the end of the term by giving 5 days’ written notice to the other party.
Termination of Agreement for Cause. Firm shall also have the right to terminate this Agreement immediately for Cause upon written notice to Preparer. As used in this Agreement,
“Cause” shall mean: (1) breach of any obligation of Preparer under this Agreement including, without limitation, confidentiality obligations; (2) commission by Preparer of any act of dishonesty, fraud, theft, or harassment in connection with the performance of the Services; (3) unethical or illegal conduct by Preparer in connection with the performance of the Services; or (4) Preparer’s neglect or poor performance of the Services which conduct continues or resumes after written notice to Contractor.
Similarly, Firm cannot terminate this agreement prior to (April 15, 2026) unless Preparer violates a term of this agreement. If Firm terminates this agreement where no breach of this agreement is found, Firm may be liable for breach of this contract.
4. RELATIONSHIP OF PARTIES. It is understood by the parties that Preparer is an independent contractor of Firm, as such, Firm will not provide fringe benefits, including health insurance benefits, paid vacation leave, or any other employee benefit, for the benefit of Preparer. The Parties agree that the services provided by the Preparer are as an Independent Contractor and no other legal relationship exists or is implied. Preparer is responsible for all tax obligations to Federal and State. The Preparer is an independent contractor and for the consideration agreed upon herein, above, on an exclusive effort to Firm. Firm shall cooperate with the Preparer in providing the Preparer with sufficient and confidential information and knowledge of Firm’s business in order for the Preparer to perform under this Agreement. The Preparer has the sole right to control and direct the means, manner, and method by which the services required by this Agreement will be performed. The Preparer has the right to perform the services required by this Agreement at any place or location and at such times as the Preparer may determine.
The Preparer has the right to hire assistants as subcontractors, to provide the services required by this Agreement provided that such individuals have no less than six months of experience in providing services contemplated under this Agreement. The Preparer represents that those subcontractors or assistants performing services under this Agreement on behalf of the Preparer meet The Preparer’s conditions of employment with Firm.
The Preparer, or the Preparer’s employees or contract personnel shall perform the services required by this Agreement, and Firm shall not hire, supervise, or pay any assistants to help the Preparer. Neither the Preparer nor the Preparer’s employees or contract personnel shall receive any training from the Firm in the professional skills necessary to perform the services required by this Agreement unless otherwise agreed upon by the Parties. The Firm is not responsible for any matters including legal matters with state, IRS rules and regulations, or any other matters not listed that are related to subcontractors, or assistants of Preparer.
5. PTIN. Preparer is required to obtain and maintain a Preparer’s Tax Identification Number (PTIN) in accordance with the IRS’ rules and regulations in place during the period covered by this agreement. Preparer will not be allowed to prepare a return as a contractor with Firm without a registered PTIN number. This agreement becomes null and void if Preparer fails to obtain or, for any reason ceases to have a valid PTIN.
6. CODE OF CONDUCT. Preparer is required to govern himself/herself in accordance
with all relevant state and federal laws in particular those laws that address tax return preparation. Additionally, Preparer is required to comply with any and all relevant administrative rules and regulations, particularly IRS Circular 230. Any willful or malicious activity conducted by Preparer regarding the falsifying of documents or information in a tax return will be transferred to the Internal Revenue Service (IRS) and any other appropriate authorities. Additionally, by executing this agreement, Preparer acknowledges that he/she is aware of the due diligence requirements and penalties imposed by the IRS with respect to the preparation of returns containing refundable credits (the earned income tax credit, the child tax credit, and the education expense credit). Preparer additionally agrees to prepare returns that follow these IRS due diligence requirements and that failure to do so represents a breach of this agreement.
7. LIABILITY. Preparer is liable for following all applicable rules and regulations in the state in which they operate and the IRS for all Services rendered under this agreement. By executing this agreement, Preparer agrees to correct any errors or omissions whether intentional or inadvertent without compensation from Firm. Preparer agrees that any liability associated with the provision of Services under this agreement will be that of Preparer and not Firm. It is in the favor of the Preparer to obtain a Professional Insurance Bond (Errors and Omissions) This will be obtained solely by the Preparer and not the Firm.
8. WORK MADE FOR HIRE CLAUSE Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively, the "Work Product") developed in whole or in part by Preparer in connection with the Services included in this agreement shall be the exclusive property of Firm in accordance with a licensing agreement with Firm. Upon request, Preparer shall sign all documents necessary to confirm or perfect the exclusive ownership of the Work Product by Firm.
9. CLIENTS. Preparer is responsible for generating their own leads and clients for return preparation. Any clients obtained by Preparer are the property of the Preparer. The Firm will step in to provide customer service during the duration of this agreement should the Preparer fail to render such service to protect the Firm’s name.
10. OWNERSHIP OF SOCIAL MEDIA CONTACTS. Any social media contacts, including "followers" or "friends," that are acquired through accounts (including, but not limited to email addresses, blogs, Twitter, Facebook, YouTube, or other social media networks) used or created on behalf of Company are the property of Preparer.The Firm must approve any social media marketing containing the Firm’s name before it is posted on social media.
11. TRAINING. Preparer is NOT required to complete training. Training is highly encouraged. Preparer is required to score 70% or better on examinations given by Firm with respect to any training in order to qualify to contract with Firm.
12. CONTINUING EDUCATION. Preparer is responsible for completing any and all continuing education required to maintain their designations as a PTIN mandated by the IRS when seeking certain designations and recognitions. AFSP designation is highly encouraged by all contracted preparers with FIRM.
13. EFIN NUMBER. If Preparer has their own EFIN they may utilize their own EFIN number while contracted with the Firm for the purpose of electronically filing tax returns prepared by the Preparer. All Preparers who only hold PTIN designation are working with the FIRM as an Independent Contractor and during the contracted time is permitted to use Firms EFIN for the purpose of electronically filing tax returns prepared by Preparer. Once the contracted time has ended Preparer no longer has the authority to use Firms EFIN. If found to be misusing or misappropriating the use of EFINs while contracted or after the contracted term has ended with Firm, this will be considered a breach of contract, and immediate termination and reporting to the IRS will follow.
14. CONFIDENTIALITY. Preparer will not at any time or in any manner, either directly or indirectly, divulge, disclose, or communicate any information that is the property of Firm to any third party whether or not such conveyance personally benefits Preparer. Preparer also will not at any time or in any manner, either directly or indirectly, divulge, disclose, or communicate any information that is the property of any client of Firm. Preparer will protect all such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, Preparer will return to Firm all records, notes, documentation, and other items that were used, created, or controlled by Preparer during the term of this Agreement with respect to any Services provided that are required for Firm to comply with any due diligence requirements imposed by the IRS.
15. FILE AND RECORD MAINTENANCE. Firm will maintain all client return files in accordance with rules and regulations set forth by the IRS. Preparer may access their clients’ files as needed to respond to requests from the client or the IRS. Preparer should maintain copies of their own records at a location of their choosing, in accordance with rules and regulations set forth by the IRS, but Preparer accepts all liability for any disclosures of client information that occur as a result of these files they choose to maintain. This clause does not require Firm to create the files. The creation of the files is the sole responsibility of Preparer. Preparer acknowledges that he/she is aware of the various recordkeeping and due diligence requirements associated with each return that is prepared. Preparer also acknowledges that they will follow all IRS rules with respect to file and recordkeeping.
16. OFFICE AND EQUIPMENT USE. Firm does not provide any equipment for Preparer. Preparer is expected to utilize any of his/her own equipment or resources to assist in the preparation of returns for his/her clients as long as none of this utilization violates any existing licenses, covenants, etc. of Firm. Preparer is free to set his/her own hours and number of hours worked.
17. BUSINESS EXPENSES. Any expenses associated with Preparer’s provision of Services are his/her own and will not be reimbursed by Firm. This includes, but is not limited to: automobile expenses associated with providing Services for clients; any office supplies used by Preparer; costs associated with Preparer’s retaining employees, agents, or designees; etc.
18. INDEMNIFICATION. Preparer agrees to indemnify and hold harmless Firm from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against Firm that result from the acts or omissions of Preparer, Preparer's employees, agents, or designees, if any.
19. ENTIRE AGREEMENT. This agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement, whether oral or written, that usurp the provisions contained herein.
20. SEVERABILITY. If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
21. ADVERTISING: Preparers while contracted with the Firm, can advertise their services.However, all marketing material while contracted with the Firm is the property of the FIRM. It’s highly suggested that Preparer use the marketing material provided to them by the Firm or with no specific branding for the duration of the term.
22. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Preparer IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day, month, and year first above written.
23. COMPUTER AND SECURITY. Preparers are required to maintain a working Laptop/Computer to complete tax returns for the Tax Season 2024. By accepting this partnership with Firm you agree to be compliant with the Computer and Security measures set forth by the IRS to reduce security breaches into the network and safeguard client's data. Preparers are recommended to run some sort of of security software. We do not endorse any specific package or software. However, we have found certain software to work well. For a list of those recommendations please reach out to Firm.