TERMS & CONDITIONS 

INDIVIDUAL TAX COMPLIANCE

This engagement will commence with your tax return for the years as per signed engagement.

We will not deal with matters arising in respect of years prior to the above year, as appropriate, unless prior arrangements have been made, and a separate engagement letter was issued and signed by both parties.

1.SCOPE OF SERVICES

  • We will prepare the income tax computations based on the information and explanations provided by you.
  • We will prepare your personal tax return together with such supporting schedules as deemed appropriate.
  • We will send your tax returns electronically to you for approval and signature. Thereafter we will submit all relevant documents to the South African Revenue Service (“SARS”), electronically, after we received the signed authorization from you to file the return electronically, and the proof of payment for the service to file this return.
  • We will advise as to the amount of tax to be paid over and the deadline dates for these submissions.
  • We will deal with SARS regarding any amendments required on your return and prepare any amended returns which may be required.
  • We will advise as to possible claims and elections arising from the tax 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 SARS.
  • We will deal with all communications relating to your return which may need to be addressed to us by SARS or yourself. However, if SARS choose your return for enquiry, this work may need to be the subject of a separate assignment, in which case, we will require further instruction from yourself.

2.YOUR RESPONSIBILITIES: INFORMATION AND DOCUMENTS

  • You are legally responsible for submitting correct returns by the due date and making timeous payment of tax due. Failure to meet these deadlines may result in automatic penalties and/or interest.
  • To enable us to carry out our work you agree:
  • that all returns are to be made on the basis of full disclosure of all sources of income, expenses, allowances and capital transactions;
  • to provide full information necessary for dealing with your affairs: we will rely on the information and documents being true, correct and complete and will not audit the information or those documents;
  • that we can approach such third parties as may be appropriate for information that we consider necessary to deal with your affairs;
  • Provide us with information in sufficient time for your tax return to be completed before due date in November. In order to meet this deadline you agree to provide us with all relevant information six weeks before due date (for due dates please visit our website);
  • to forward to us on receipt, copies of all SARS statements of account, notices of assessment, letters and other communications received from SARS to enable us to deal with them as deemed necessary within the statutory time limits; and
  • Keep us informed about significant changes in your circumstances if this is likely to affect your tax position.

3.OTHER SERVICES AND GENERAL TAX ADVICE

  • We will be pleased to assist you generally in tax matters if so required. To enable us to assist you further, timeous notification is required.
  • Due to tax rules frequently changing, you need to ask us to review any advice already given if a transaction is delayed, or if an apparently similar transaction is to be undertaken.
  • It is our policy to confirm in writing, any advice upon which you may wish to rely.
  • If further services and advice are required, a separate engagement letter will be issued.

4.EXCLUDED SERVICES

This letter relates only to the items specified above and does not extend to other taxes such as Pay As You Earn, Value Added Tax, Capital Gains Taxes and Customs.

We will be pleased to advise on any of these tax matters if so requested.

5.TERMS AND CONDITIONS OF ENGAGEMENT

Our services are subject to the terms and conditions of engagement attached hereto as Annexure A, which is an integral part of this agreement. We would appreciate confirmation of your agreement to this letter of engagement, by signing and returning the enclosed copy.

TERMS AND CONDITIONS OF ENGAGEMENT

1.CLIENT MONIES

No monies will be held on your behalf, if there are monies due to you, your banking details will be submitted to SARS, in order for them to refund you directly. If monies are payable to SARS, you will either pay the monies to SARS directly, alternatively you can instruct as to load a credit push on e-filing, you will however still have to authorize the payment on your internet banking.

2.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 them for a period of five years from the date of submission of your return.
  • This period may be extended if SARS make any further enquiries into your tax return.
  • Whilst certain documents may legally belong to you, we intend to destroy correspondence and other paperwork which has been stored for longer than 5 years, other than documents which we consider to be of continuing significance. We need to be advised of any particular retention of documents you may require.
  • Individual clients will pay R125.00 (Excluding VAT) as an annual fee for retention of documents as required by SARS on the online storage system.

3.REGULATORY REQUIREMENTS

We reserve the right to disclose our files to regulatory bodies in the exercise of their powers.

4.QUALITY OF SERVICE

We aim to provide a high standard of service at all times. If you would like to discuss with us on any improvements or dissatisfaction of our services, please advise. We undertake to address any complaint on your behalf and promptly advise you accordingly.

5.FEES

To see our terms & conditions for fees click here....>>>>>>>

6.LIMITATION OF LIABILITY

  • The advice which we give to you are for your sole use only and do not constitute advice to any third parties
  • Our maximum liability for all claims arising out of the services provided shall be limited to an amount equal to twice the total fees charged. This maximum liability shall be an aggregate liability for all claims from whatever source and howsoever arising.
  • We will not be held liable to you or any cessionary or third party claiming through or on your behalf for any punitive damages whatsoever or for any consequential or other loss or damages beyond the maximum liability specified.
  • We will provide the professional services outlined in this letter with reasonable care and skill. Our advice will be based on interpretation of the law and experience with SARS. Therefore, the conclusions reached and views expressed will often be matters of opinion rather than of certainty and we cannot warrant that SARS will necessarily reach the same conclusions. We will not be responsible for any losses, penalties, 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 SARS.
  • Communication via email is admissible, however, 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 check on any attachments received. No verbal instructions are acceptable.

7.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 e-mail without obtaining written confirmation thereof. All risks connected with sending commercially-sensitive information relating to your business are borne by you and is not our responsibility. If you do not accept this risk, you should notify us in writing that e-mail communication is unacceptable.

8.APPLICABLE LAW

This engagement letter is governed by South African law and any claims will be subject to the exclusive jurisdiction of the Courts of South Africa.

Any claims, howsoever arising, need to be commenced formally by service of a court summons or process initiating arbitration proceedings within two years after the claimant becomes aware (or ought reasonably to have become aware) of the facts which give rise to the claim and, in any event regardless of the knowledge of the claimant, by no later than three years after the date of any alleged breach giving rise to a cause of action.

This expressly overrides any statutory provision which would otherwise apply.

9.AGREEMENT OF TERMS

Once agreed, the engagement letter will remain effective from the date of signature until it is replaced. You or ourselves may vary or terminate our authority to act on your behalf at any time without penalty. Notice, of variation or termination, need to be given in writing.The engagement will commence with your tax return for the years as per engagement.

We will not deal with matters arising in respect of years prior to the above year, as appropriate, unless prior arrangements have been made, and a separate engagement letter was issued and signed by both parties.