Higginson & Co. (UK) Limited 3 Kensworth Gate, High Street South, Dunstable, Bedfordshire. LU6 3HS. Dear Clients,
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- Hector Newton
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1 Higginson & Co. (UK) Limited 3 Kensworth Gate, High Street South, Dunstable, Bedfordshire. LU6 3HS Dear Clients, The purpose of this letter is to set out the basis on which we are engaged to compile your annual rental accounts and self assessment return as your agent and the respective responsibilities of yourself and Higginson & Co. (UK) Limited. This is standard practice as required by The Institute of Chartered Accountants in England & Wales (ICAEW) We are bound by the ethical guidelines of the ICAEW and therefore accept instructions to act for you on the basis that we will act in accordance with those ethical guidelines. Period of Engagement This agreement will commence on the date this letter is signed. We will also deal with all outstanding matters arising during any prior period as appropriate. Responsibility of the accountant (v) We shall compile the annual accounts based on the accounting records maintained and the information and explanations given to us. We will compile annual accounts and enter these on you annual self assessment return for your approval. Our work as the compiler of the annual accounts will not be an audit of the accounts in accordance with Auditing Standards. Consequently, our work will not provide any assurance that the accounting records or the accounts are free from material misstatement, whether caused by fraud, other irregularities or error. We will report, with any variations that we consider may be necessary, that in accordance with your instructions we have the prepared the accounts from the accounting records of the business and from the information and explanations given to us. We have a professional duty to compile accounts which conform to generally accepted accounting principles. Where we identify that the accounts do not conform to accepted accounting principles, or if the accounting policies adopted are not immediately apparent, we will report this to you. As part of our normal procedures we may request you to provide written confirmation of any information of explanations given to us orally during the course of our work. Your responsibility
2 You have undertaken to make available to us all the accounting records and related financial information necessary for the compilation of the accounts. You will make full disclosure to us of all relevant information. The accounts need to be approved by you before we are able to issue our report. You are responsible for ensuring that, to the best of your knowledge and belief, the financial information provided is reliable. Tax returns (v) (vi) We will prepare self assessment returns based on your accounts for each financial year. We will forward to you the tax return form and supporting schedules for you to review and sign. Once the return has been checked, approved and signed and returned to us we will submit it electronically to H.M. Revenue and Customs. We will tell you how much tax you should pay and when. If appropriate, we will initiate repayment claims when tax has been overpaid. We will deal with H.M. Revenue & Customs regarding any amendments required to your return. Any amendments required as a consequence of omissions or errors beyond our control will be outside the scope of the landlord s standard taxation & accountancy package and charged accordingly. We will advise as to possible claims and elections arising from you self assessment return and from information supplied by you. Where instructed by you we will make such claims and elections in the form and manner required by the H. M. Revenue & Customs Revenue. We will deal with all communications relating to your return addressed to us by H.M. Revenue & Customs or passed to us by you. However, if H.M. Revenue & Customs choose your return for enquiry this will need to be subject to a separate letter of engagement for which additional fees will be chargeable, unless theses are insured. Your responsibilities for the provision of information for tax purposes Under the self assessment regime there are a number of key dates by which returns and payments must be made. Failure to meet the deadlines may result in automatic penalties, surcharges and/or interest. You are legally responsible for making correct returns and for payment of tax on time. To enable us to carry out our work you agree: (a) to make a full disclosure to us of all sources of income, charges, allowances and capital transactions and to provide full information necessary for dealing with your affairs; We will rely on the information and documents being true, correct and complete;
3 3 (b) (c) (d) (e) to respond quickly and fully to our requests for information and to other communications from us; that we can approach such third parties as may be appropriate for information that we consider necessary to deal with your affairs. To provide us with information in sufficient time for your tax returns to be completed and submitted by 31 January following the end of the tax year. In order to meet this deadline you agree to provide us with all the relevant information as soon as practical at the end of each tax year; To forward to us, on receipt, copies of all H.M. Revenue & Customs statements of account, PAYE coding notices, notices of assessment, letters and other communications received from H.M. Revenue & Customs to enable us to deal with them as may be necessary within the statutory time limits. (v) (vi) We will provide our professional services outlined in this letter with reasonable care and skill. However, we will not be responsible for any losses, penalties, surcharges, interest or additional tax liabilities arising from the supply by you or others of incorrect or incomplete information, or your or others failure to supply any appropriate information or your failure to act on our advice or respond promptly to communications from us or the tax authorities. It is the statutory responsibility of each individual taxpayer to ensure that all returns of income made by them are correct. This responsibility cannot be delegated to an agent. You should therefore supply us with full details of all sources of income arising together with full information concerning any expenses or allowances which may be available for tax relief. Before signing your tax return you should ensure that it is complete and correct to your knowledge and belief. If H.M. Revenue & Customs raise enquiries relating to your personal self assessment return we will discuss the position with you and agree with you the basis on which we will deal with such enquiries on your behalf. We will prepare your self assessment returns in future years under the same condition above. General tax advice We will be pleased to assist you generally with any matters relating to your taxation affairs. Professional services not listed in the standard landlords taxation & accountancy package will be agreed in advance and invoiced separately. Accounts preparation We will assist in the preparation of your accounts based on the accounting records maintained by yourselves. Excluded services You will continue to deal with other matters required by law.
4 4 Professional rules and practice guidelines We are bound by the ethical guidelines of the ICAEW and accept instructions to act for you on the basis that we will act in accordance with those ethical guidelines. In particular, you give us authority to correct H.M. Revenue & Customs errors. A copy of these guidelines is available for your inspection in our office. Retention of records During the course of our work we will collect information from you and others acting on your behalf and will return any original documents to you following preparation of your return. You should retain these for 7 years from the 31 January following the end of the tax year. This period may be extended if H.M. Revenue & Customs enquire into your self assessment return. Whilst certain documents may legally belong to you, unless you tell us not to, we intend to destroy correspondence and other papers that we store which are more than 7 years old, other than documents which we think may be of continuing significance. You must tell us if you require retention of a particular document. Regulatory requirements We reserve the right to disclose my files to regulatory bodies in the exercise of their powers. Quality of service We aim to provide the best possible service to our clients. If you would like to discuss how our service could be improved, please let us know by telephone or . We undertake to look into any complaint carefully and promptly and do all we can to explain the position to you. We will do everything reasonable to put matters right. Prompt communication enables us to take prompt action on your behalf. Should you at any stage feel that you have not received an adequate response to a complaint the circumstances should be brought to the attention of John Darling. If we do not answer your complaint to your satisfaction you may take up the matter with The Institute of Chartered Accountants in England and Wales. Fees Landlords taxation & accountancy package The fees in respect of the standard landlords taxation & accountancy package are fixed, with the services provided detailed in the standard schedule. Additional work undertaken on your behalf will be agreed in advance. In the absence of the work being agreed in advance no fees will be issued in respect of this work Additional work outside the scope of the Landlords standard taxation & accountancy package Our fees are computed on the basis of the time spent on your affairs by the partners & staff of Higginson & Co. (UK) Limited and on the levels of skill and responsibility involved. Unless otherwise agreed, our fees will be billed at appropriate intervals during the course
5 5 of the year and will be due on presentation. If work is required which is outside the scope of this letter, for example dealing with H.M. Revenue & Customs enquiries into your accounts or self assessment return, then this will be a separate engagement for which additional fees will be chargeable. Fees are subject to value added tax, if applicable, at the current rate. Our invoices are payable on presentation. We may terminate our engagement and cease acting if payment of any fees billed is unduly delayed. However, it is not our intention to use these arrangements in a way that is unfair or unreasonable. Limitation of liability The advice that we give to you is for your sole use and does not constitute advice to any third party to whom you may communicate it. We will provide the professional services outlined in this letter with reasonable care and skill. However, we will not be responsible for any losses, penalties, surcharges, interest or additional tax liabilities arising from the supply by you or others of incorrect or incomplete information, or from the failure by you or others to supply any appropriate information or your failure to act on our advice or respond promptly to communications from us or the tax authorities. may be used to enable us to communicate with you. As with other means of delivery this carries with it the risk of inadvertent misdirection or non-delivery. It is the responsibility of the recipient to carry out a virus check on any attachments received. Electronic communication# As Internet communications are capable of data corruption we do not accept any responsibility for changes made to such communications after their dispatch. For this reason it may be inappropriate to rely on advice contained in an without obtaining written confirmation of it. All risks connected with sending commercially sensitive information relating to your business are borne by you and are not our responsibility. If you do not accept this risk you should notify us in writing that is not an acceptable means of communication. Money Laundering Regulations 2003 In accordance with The Proceeds of Crime Act 2000 and Money Laundering Regulations 2003 you acknowledge that if during the course of an engagement a suspicion of any crime (including but not exclusively fiscal crime) is encountered, we are required to report this directly to The Serious Organized Crime Agency (SOCA) without prior reference to yourself or your representatives. It should be noted that due to this legislation your right to confidentiality is waived to the extent of such a report. Data Protection Act 1998 In order to discharge the service under this agreement and for any related services we may obtain, use, process and disclose personal data about you. You have the right of access under the above legislation to the personal data we hold about you. Applicable law This engagement letter shall be governed by, and construed in accordance with, English Law. The Courts of England shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the engagement letter and any matter arising from it. Each party
6 6 irrevocably waives any right it may have to object to an action being brought in those Courts to claim that the action has been brought in an inconvenient forum, or to claim that those Courts do not have jurisdiction. Contracts (Rights of Third Parties) Act 1999 A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person, which exists or is available other than pursuant to that Act. Agreement of terms Once it has been agreed this letter will remain effective from the date of signature until it is replaced. Either party may vary or terminate our authority to act on your behalf at any time without penalty. Notice of termination must be given in writing. Would you please confirm your agreement to the terms set out by this letter by signing and returning it to us. Please contact us if they are not in accordance with your understanding of our terms of engagement. Yours faithfully Higginson & Co. (UK) Limited I agree to the terms of this letter.. Name Date... Signed Higginson & Co. (UK) limited Date
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