CLIENT SERVICE AGREEMENT

Transcription

1 CLIENT SERVICE AGREEMENT 1) ( NEON dba TaxBreak) and ( NEON dba TaxBreak Client ). NEON dba TaxBreak and the NEON dba TaxBreak Client shall occasionally be referred to jointly herein as the Parties 2) TERM: This Client Services Agreement ( Agreement ) shall be for an initial term of Years from the Effective and shall automatically renew for successive one (1) year terms unless either party provides the other with written notice of termination at least ninety (90) days of the current term ending before terminating the Agreement. 3) TERMINATION: Either party may terminate this Agreement if the other party has materially breached the Agreement, provided that the party claiming breach must give the other party at least thirty (30) days prior written notice in which to cure the breach before terminating this Agreement. In the event of termination, Client shall be obligated to immediately pay all open invoices and all future invoices for work in process upon receipt of the invoice. This paragraph shall survive the termination of this Agreement. 4) AUTHORITY: NEON dba TaxBreak is not a tax preparer and, therefore, disclaims any and all responsibility for preparation of NEON dba TaxBreak Client s federal and state tax returns. At no time will NEON dba TaxBreak render or be required to render any service that could be interpreted as the practice of accountancy. 5) FEES: Client shall pay NEON dba TaxBreak a fee, as further outlined in the applicable Exhibits to this Agreement, for Services provided under this Agreement. Client agrees to pay NEON dba TaxBreak for all fees resulting from services provided by NEON dba TaxBreak for a period of two (2) years after termination of Agreement. Invoices are due net 15 days. Payments not received within 30 days of invoice will bear interest at a rate of 1.5% per month. Fees do not include applicable taxes. All prices are in U.S. dollars. This paragraph shall survive the termination of this Agreement. 6) MISCELLANEOUS: From time to time, and in connection with providing certain types of credits and incentives, NEON dba TaxBreak may use a subcontractor. Should NEON dba TaxBreak be required to correct the data for Client, custom data conversion fees will be based on actual hours required at $100 per hour. NEON dba TaxBreak will provide Client an estimate of time required and will obtain prior written approval before commencing work. This Contract shall be governed by the laws of the State of Alabama and both parties agree and consent to the jurisdiction of the state and/or the federal courts of the State of Alabama for determination of disputes between them. The Client also agrees that this Agreement constitutes the entire understanding between the parties and may only be modified in writing with the mutual consent of both parties. NEON dba TaxBreak and the Client have executed this Service Agreement on the date hereafter given. By signing this document, I attest that I am an Officer with signing authority for this Company. Client Title NEON dba TaxBreak Title

2 Terms and Conditions : Client authorizes NEON dba TaxBreak to identify and calculate federal tax credits: Client Initials : Client authorizes NEON dba TaxBreak to identify and calculate state tax credits and incentives. Client Initials a. Federal Tax Credits. (This includes all Work Opportunity Tax Credits (WOTC) requiring certification from State Agencies, Geographic-Based Incentives ( GBI ) Services and all other available Federal Tax Credits to include those related to, the FICA Tip Tax Credit and the Native American Employment Credit). State Tax Credits. (This includes all state incentives and credits available from the State). During the term of this agreement, the Parties agree that TaxBreak will have the exclusive right to perform the outlined services at all existing or future qualifying locations operated by Client. TaxBreak agrees to diligently pursue all state tax incentives and credits for Client as allowed by the state tax credit program. Client shall pay Neon dba TaxBreak a contingency fee of % of actual Neon dba TaxBreak initiated Federal tax credits earned. Client will be invoiced on a monthly basis for Federal credits as they are calculated and reported to Client. Client shall pay Neon dba TaxBreak a contingency fee of % of actual Neon dba TaxBreak initiated State tax credits and incentives earned. Client will be invoiced on a monthly basis for State credits and incentives as they are calculated and reported to Client. Client understands that NEON dba TaxBreak is being engaged to identify, calculate, and invoice Client for all federal tax credits and State tax credits and incentives. Client will pay invoices according to the terms of the Agreement. If Client has taken past tax credits and does not want NEON dba TaxBreak to pursue certain credits, Client must notify NEON dba TaxBreak via or letter of tax credits the Client is already taking. Or Client may provide a copy of its tax returns or tax forms 5884, 5884-A, 8844, 8845, 8861 and 8846 for the Client s previous 3 years of business within 5 business days of the Contract date by Certified Mail. By providing the returns or tax forms, NEON dba TaxBreak can determine credits the Client may have already filed. Failure to provide information outlined above will obligate Client to be responsible for payment on all credits identified by NEON dba TaxBreak. b. NEON dba TaxBreak will refund any portion of the fee attributable to credits or incentives which are ultimately disallowed by the appropriate taxing authority, provided NEON dba TaxBreak is given the opportunity to defend the correctness of the claimed incentive or credit. c. All certification, vouchering, and application fees charged by states and agencies to process the tax credit or incentive shall be the sole responsibility of Client. d. From time to time, and in connection with providing certain types of credits and incentives, NEON dba TaxBreak may use a subcontractor. e. If Client does not provide payroll data at the frequency agreed to below, Client will be billed $200 for each certification Neon dba TaxBreak has received from the State Certification Agency in the States the Client has locations. Client will provide the payroll data to NEON dba TaxBreak (weekly, monthly, pay period): Frequency Client Initials Do you have Multiple Entities? If yes, please complete the multiple Location and/or FEIN form on one of the following pages YES NO If yes was checked please indicate the number of entities Do you have Multiple Locations or Job Sites? If yes, please complete the multiple Location and/or FEIN form on one of the following pages YES NO If yes was checked please indicate the number of locations List the month and day of the tax year-end and describe any variances in this date for the prior 3 years and future 3 years, if any. (If variable year-end, please provide a calendar)

3 SPECIFIC POWER OF ATTORNEY This Specific Power of Attorney is for representing the below signed employer for purposes of securing the Work Opportunity and State Tax Credits. KNOW ALL MEN BY THESE PRESENT: (Officer s Name) of (Corporation), hereinafter the Company, of County, State of, does hereby constitute and appoint Jon Shannon Scott, G. Michael McCullars and Frank I. Brown of The Tax Credit Processing Center, LLC, dba TaxBreak, as the true and lawful Attorney-in-Facts for the Company to secure the Work Opportunity and State Tax Credits. Jon Shannon Scott, G. Michael McCullars and Frank I. Brown are empowered to act as the TaxBreak Representative and Consultant Agent for the aforementioned purposes beginning on the date, 20 and continuing for a three-year period through date, 20. This Specific Power of Attorney is effective upon execution by a duly constituted representative of the Company. This Specific Power of Attorney is revocable by either party by notice in writing to any party relying upon this Specific Power of Attorney. Please submit all communications relating to this Specific Power of Attorney for which the Attorney-in-Fact is empowered to act upon to The Tax Credit Processing Center, LLC, P.O. Box 8427, Gadsden, AL The Tax Credit Processing Center, LLC, dba TaxBreak FEIN: Client Signature TaxBreak Consultant/Representative Company/Corporation Federal Employer Id Number, 20 Street Address (No P.O. Box) City State Zip Code

4 NEW CLIENT INFORMATION FORM BEFORE CREDITS CAN BE RESEARCHED AND EARNED FOR CLIENT, THE FOLLOWING INFORMATION MUST BE COMPLETED BY CUSTOMER Has client taken tax credits in the past 3 years and filed any of the following IRS forms: (WOTC) form 5884 yes no; (Native American) form 8845 yes, ] no; (EZ/RC) form 8844 yes, no; (Employee Retention) form 5884-A yes no; (Welfare to Work) form 8861 yes no. If no, client understands NEON dba TaxBreak will identify, calculate, and invoice for all tax credits not defined as being taken by the client defined above. If yes, will client provide a copy of the form(s) for NEON dba TaxBreak to audit and be paid for any additional tax credits identified and calculated above the previous credits found? yes, no If restaurant client: 1) Do you have tipped employees: yes, no; 2) If yes, have you previously filed the FICA tip credit on IRS form 8846 yes no; 3) Is NEON dba TaxBreak to calculate FICA tip credit: yes, no; 4) if so, for what years: Client is paying the following tax: NOL Net Operating Loss Regular Tax AMT Alternative Minimum Tax Corporate Structure S-Corp C-Corp L.L.C. L.L.P. List the month and day of the tax year-end and describe any variances in this date for the prior 3 years and future 3 years, if any. (If variable year-end, please provide a calendar) Billing Address State Tax ID # Type of Business or Industry Number of W-2s issued last year: # of Current Year Employees: Future hiring increase or decreases? List states where state tax liabilities exist: Estimated state tax liability Is company s real property owned or leased? (Check One) Are you interested in a cost segregation study? Yes No Website Address Would you like TaxBreak to check eligibility of your company for state tax credits and incentives? Yes No Processing Options Integration CONTACTS (List All) NAME PHONE FAX Company s Contract Signor and Title Primary HR CPA Accounting Accounts Payable Payroll Payroll Provider & contact or Payroll Software used Year-end Return Recipient: COMMENTS: (These comments WILL NOT alter the Terms and Condition of the Agreement) Is client s business, location or job site an Empowerment Zone?. If yes, which years are we researching for credits. (We can go back up to 3 years from last filed tax return). If yes, provide payroll for those years to payroll@taxbreakllc.com. ( us at this address for file format template). The information provided herein is true and correct Client Executive Signature: : Sales Rep Printed Name: Phone:

5 TAX CREDIT LOCATION LISTING This form needs to be completed by the client if the client has MULTIPLE ENTITIES and/or MULTIPLE LOCATIONS OR JOB SITES Company Name (other names, d/b/a) FEIN # Street Address City State Zip Code County Commonly controlled Entity Yes/ No Contact Person at Location Phone # Fax # Address Location o Store # Confidential Page 5 8/1/2016