CCH Premier Protection (unregulated) policy

Transcription

1 CCH Premier Protection (unregulated) policy MEMBER REWARDS PARTNER

2 CCH Premier Protection Important: This is a claims made insurance. We must receive claims in writing during the period of insurance.this policy insures you. Your clients have no rights against the insurer under this policy. This is your CCH Premier Protection policy. This policy, the policy schedule and any endorsement must be considered one document. The sales order form, proposal form and any information you have supplied are incorporated in the contract. The insurer will pay your representation costs in respect of any insured incident for which cover is shown as operative on your policy schedule, if the premium has been paid. The insurer will provide cover as long as (a) we receive your client s claim in writing during the period of insurance; and (b) any insured incident is within the United Kingdom of Great Britain and Northern Ireland; and (c) for any alleged liability to tax, National Insurance Contributions or for underpayment of the National Minimum Wage, it is always more likely than not that your client s liability will be reduced. The most the insurer will pay (a) for all claims resulting from one or more events arising at the same time or from the same originating cause; and (b) in respect of your hourly charging rates; and (c) for claims administration costs is shown under 'Maximum Amounts Payable on your policy schedule. Meaning of words in this policy Important: If we explain what a word means, it will have the same meaning wherever it appears in your policy. Policyholder/you/your As shown in the policy schedule. CCH Premier Protection Client Service A service whose terms we have agreed with you. Client (a) A client, in the appropriate category described in the policy schedule, declared to us by you, for whom you act as tax return agent; or (b) a client that is a registered charity for which you have a current engagement letter for the ongoing provision of accountancy or audit services or both. We/us/our CCH Fee Protection, a trading name of Croner Group Limited. HMRC HM Revenue and Customs. Representative You, we or another suitably qualified person or firm we have appointed, under the terms of this policy. Period of insurance The period for which cover has been agreed and the premium paid. Representation costs Costs, including claim administration costs, reasonably and necessarily incurred by the representative with our consent in acting for a client in connection with a claim we have accepted in writing. Insurer DAS Legal Expenses Insurance Company Limited. 2

3 Insured incidents Important: The insured incidents for which you have cover are shown on your policy schedule. HMRC Enquiries, Reviews, Interventions and Audits What is covered Representing your client during 1. an enquiry by HMRC into your client s Self Assessment return or Repayment Claim following the issue of a notice under (a) Section 9A, Section 12AC or Schedule 1A of the Taxes Management Act 1970; or (b) Paragraph 24, Schedule 18 of the Finance Act 1998; or 2. a review, intervention or audit by HMRC relating to your client s compliance with Self Assessment, PAYE, Social Security, Construction Industry, IR35, VAT, National Minimum Wage or Gift Aid legislation and regulations arising from an enquiry or request for review or audit by HMRC, including any consequent dispute with HMRC after the issue of an assessment, computation of liabilities, written decision, notice of VAT civil penalty or notice of underpayment of the National Minimum Wage; and any consequent appeal to the First-tier Tribunal (Tax), Upper Tribunal (Tax and Chancery) or Employment Tribunal and any appeal against such a tribunal s decision. provided that (i) your client s statutory returns, appropriate to the insured incident and into which HMRC could enquire when the insured incident arises, were submitted to HMRC within their statutory time limits, or, if they were not, (a) no more than one of the last four such consecutive statutory returns due for submission monthly or quarterly; and/or (b) no more than one of the last two such consecutive statutory returns due for submission annually were submitted, or remain unsubmitted, more than 90 days after their due submission date, unless HMRC accepts the reason for the delay; (ii) where a return has not been issued, your client has notified HMRC within the statutory time limits of chargeability to tax; and, if appropriate, its operation of PAYE and its use of subcontractors in the construction industry; and has registered for VAT where required; (iii) when an enquiry, review, intervention or audit begins (a) you are the client s Self Assessment tax return agent; or (b) if the client is a registered charity, you have a current engagement letter from the charity for the ongoing provision of accountancy or audit services or both; (iv) we give our prior consent to any appeal; (v) in respect of any non-written enquiry, intervention or request for review by HMRC, your client had at least 60 days of continuous entitlement to your Premier Protection Client Service before the enquiry, intervention or request for review arose; and (vi) regarding any Gift Aid review, intervention or audit, your client is a registered charity and is registered with HMRC to claim Gift Aid relief. 3

4 What is not covered by your policy 1. The first amount or amounts of any claim as stated on your policy schedule. 2. Where any circumstances of a claim existed before a client became entitled to use the Premier Protection Client Service and about which you or your client ought to have known. 3. Any enquiry, review, intervention, dispute or audit (a) by, with, arising from or on behalf of HMRC Specialist Investigations, Criminal Taxes Unit or Criminal Intelligence Group; (b) carried out under HMRC Civil Investigations of Fraud procedure, Public Notice 160 or Section 60 of VAT Act 1994; (c) arising from or carried out under Code of Practice 8 or 9; (d) concerning compliance with Tax Credits legislation; (e) concerning a failure to reconcile returns; (f) where your client has unreasonably failed to implement changes or corrections identified and agreed with HMRC during a previous enquiry, review, intervention, dispute or audit. 4. Taxes, fines, penalties, interest, compensation, damages or wages that your client may be required to pay. 6. Compliance work that your client could normally complete. 7. Any criminal prosecution. 8. Defending Employment or Industrial Tribunal or Civil Court legal proceedings. 9. Judicial review. 10. Any representation costs if, either at the start or during the course of a claim, your client (a) is bankrupt or has filed a petition for bankruptcy or a winding-up petition; or (b) enters into a deed of arrangement with creditors; or (c) is in liquidation; or (d) puts part or all of its affairs or property into the care or control of a receiver or administrator; or (e) ceases to be your client and no longer wishes you or us to act as its representative. 11. Any claim relating to any non-contracting party s right to enforce all or any part of this policy. The Contracts (Rights of Third Parties) Act 1999 does not apply to this policy. 5. The cost of preparing accounts, records or statutory returns and the cost of professional valuations to support them. 4

5 Conditions which apply to your policy General conditions 1. Scope A current Premier Protection Client Service agreement must exist in respect of each client, and its terms and conditions must be met at all times. 2. Policy administration We will administer the policy on behalf of the insurer. 3. Compliance You must keep to the terms and conditions of your policy. 4. Premiums Your premium is based on the details of your clients provided at the start and renewal of your policy and during its period of insurance. You must keep a proper record of your Premier Protection Client Service clients and declare them to us accurately and on time. You must allow us or the insurer to inspect this record if required. 5. Alteration in risk You must notify us immediately of any alteration that may materially affect the insurer s assessment of the risk. Claims conditions 1. Information about the claim (a) You must send us written details of any claim as soon as possible. (b) You must, if we ask, complete and return a claim form to us promptly along with any supporting information we require. (c) You or the representative must, if we ask, send us any relevant information we require. 2. Representation We will appoint the representative to act. You have the right to nominate us or another person or firm to act as representative in connection with an insured incident. Any dispute over your choice of person or firm to act as representative may be settled under General Condition Control of the claim We will have direct contact with the representative, who must (a) represent your client according to our terms of appointment; (b) co-operate fully with us at all times; (c) keep us up to date with the progress of the claim; (d) take all steps to minimise representation costs. 4. Early settlement If you or the representative consent to your client settling or withdrawing from a matter without our consent, which results in the payment of representation costs, then cover will end at once. The insurer will be entitled to reclaim any representation costs it has paid or incurred. 6. Cancellation We or the insurer may cancel your policy by writing to you at least 30 days beforehand. 7. Differences If there is a disagreement arising from your policy that is not resolved through our or the insurer s internal complaints procedures, the parties in dispute can choose another suitably qualified person to arbitrate. All parties must agree to the choice in writing. Failing this, we will ask the president of a national association relevant to the arbitration to choose a suitably qualified person. All costs of resolving the matter must be paid by the party whose argument is rejected. If the decision is not clearly made against either party, the arbitrator will decide how the costs are shared. These costs will not be recoverable under this policy. 8. Jurisdiction Your policy is governed by English law. 9. Acts of Parliament All Acts of Parliament within your policy wording include equivalent legislation in Scotland and Northern Ireland. 5. Option to reimburse The insurer may pay a suitable amount to you instead of representation costs. 6. Other insurance The insurer will not pay any claim covered under any other policy or any claim that would have been covered by any other policy if this policy did not exist. 7. Opinions We may at our discretion require you to obtain an opinion from counsel or other suitably qualified person at your expense as to the merits of a claim or proceedings. If the opinion indicates that there are reasonable grounds to continue with the claim, and we agree, the insurer will pay the costs of the opinion. 8. Rights against other parties We or the insurer can require you to take, in your client s name, all steps necessary to enforce your client s rights against any party at any time.the insurer will be entitled to any representation costs recovered. 5

6 Making a claim Notify us of any potential claim by telephoning us or by faxing or ing the details of the matter as soon as possible. If applicable, please also send the opening HMRC letter of enquiry, review or intervention or details of any dispute. We will then inform you whether or not we can potentially admit the claim. You may start work on the matter immediately if necessary, provided that you let us have a fully completed claim form and the supporting documents it asks for within seven working days of your receiving HMRC s opening letter. To obtain a claim form please call your claims handler on We will normally let you have our claim decision by telephone or in writing within two working days of receiving the completed claim form and supporting information. We will always confirm our decision in writing. We will consider paying up to the equivalent of five hours partner time that you incur before we provide a formal claim acceptance decision, subject to other policy terms and conditions being met. We will agree an initial budget with you, which we may revise at any time. However, you must first telephone or write to us for agreement. We will confirm any revised budget in writing. When we confirm acceptance of a claim in writing, we will send you, or another suitably qualified person or firm we have appointed, our Terms of Appointment. These explain the basis on which you, or the other person or firm, are appointed to act as the representative and how to submit invoices for representation costs. Customer care We aim to give a high standard of service at all times. If you are unhappy with our service for any reason, you should write to Client Relations, CCH, Croner House, Wheatfield Way, Hinckley LE10 1YG, United Kingdom. Alternatively you can telephone us on , send us a fax on or us at clientrelations@wolterskluwer.co.uk You may also write to the Customer Relations Department of DAS Legal Expenses Insurance Company Limited, DAS House, Quay Side, Temple Back, Bristol BS1 6NH, United Kingdom. Alternatively you can telephone or customerrelations@das.co.uk If you cannot settle your complaint with us or DAS, you may then be entitled to refer it to the Financial Ombudsman Service. Croner Group Limited and DAS are both ultimately covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the FSCS if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim. Further information about compensation scheme arrangements is available from the FSCS. CCH Fee Protection is a trading name of Croner Group Limited registered in England & Wales, No , VAT Number Registered Office: Croner House, Wheatfield Way, Hinckley, Leicestershire, LE10 1YG. Tel: Fax: feeprotection@wolterskluwer.co.uk Croner Group Limited is authorised and regulated by the Financial Conduct Authority. ICAEW is an Introducer Appointed Representative of Croner Group Limited. 6 CGL /14