This letter sets out the basis on which Brooksdale Ltd ("we", "us", or "our") is to act for you, the client ("you" or "your"), in relation to your claim for a tax rebate from HMRC.
We are acting for you as your assigned tax agents.
This engagement will start with immediate effect.
We will accurately process all the information you provide to us and take all actions necessary in connection with the provision of our Services as efficiently as possible.
We maintain high standards of conduct in our dealings with government departments and others. We will decline to provide a Service if we believe that doing so may breach those standards. We will notify you as soon as we can if we decide not to provide a Service.
If you do not provide all the relevant information in our requested time frames when we agree to provide a Service, we cannot be held liable for the outcome of your tax refund claim.
You agree to cooperate with us so that we can provide the Services in accordance with our obligations.
You must grant any permissions, consents, or otherwise that we need and must give us access to all relevant information and any other matters which we need to provide the Services.
You agree to provide the information that we ask for promptly and to ensure that this information is true, accurate, correct, and complete to the best of your knowledge, including taking all necessary steps to obtain this information from other sources if required.
It is your obligation to provide us with accurate and complete information relating to your tax rebate claim. You must ensure that all details and documentation provided to us are true, correct, and up-to-date in order to facilitate the processing and submission of the claim to HMRC.
We shall not be held liable for any errors, omissions, or inaccuracies in the submission of claims to HMRC that arise as a result of you providing false, incorrect, or incomplete information. You acknowledges and agrees that they bear sole responsibility for any consequences, including but not limited to delays, penalties, or rejection of the claim by HMRC, which may arise due to the provision of false or incorrect information.
We will observe the standards for HMRC agents as set out in their Feb 2016 publication and updated Jan 2018.
When you make a claim with us, it is a general claim for an overpayment of tax and not a claim for a specific expense.
We will recover any tax you have overpaid in the tax years stated on the claim form. Overpayments of tax can arise from many factors, including but not limited to:
Our fee will apply to any refund from HMRC resulting from tax you have overpaid.
We will usually submit your claim to HMRC for processing within a timely manner according to business circumstances.
We reserve the right to remove, amend, or expand any parts of your claim before submitting it to HMRC if we become aware of any inaccuracies or obtain further information as part of our due diligence and investigations into the validity of your claim.
We reserve the right to contact you about making any necessary adjustments to any of your claim forms before or after we submit it to HMRC.
HMRC may request further information from you in order to process your claim. Where possible, we will help you with this; however, the ultimate responsibility to provide HMRC with any requested information is yours.
The timescale to process your claim can vary. We aim to resolve claims as per the timescales provided by HMRC. However, please note that HMRC may require additional time to process your claim due to factors outside of our control. We cannot be held responsible for any delays caused by HMRC.
You acknowledge and understand that the submission of your tax claim by us may potentially lead to you owing arrears to HMRC, if any unpaid taxes are identified during the process.
You agree that it is your sole responsibility to ensure that all relevant taxes have been accurately paid to HMRC and to address any discrepancies, errors, or omissions that may be discovered during the submission of your tax claim.
We shall not be held responsible or liable for any arrears, penalties, or additional tax liabilities that may arise from the submission of your tax claim or any subsequent investigations by HMRC.
You are encouraged to promptly address and resolve any identified arrears or unpaid taxes with HMRC in order to avoid potential penalties, interest charges, or other consequences.
You acknowledge and agree that, upon submission of your R40 claim by us, HMRC may automatically amend your tax return if you fall under the Self-Assessment regime. This process is in accordance with HMRC's standard procedures and is beyond the control of us and we may decide to no longer proceed with your claim.
In the event of an automatic amendment by HMRC to your tax return, we shall not be held responsible or liable for any changes, discrepancies, or consequences arising from such amendments. You accept that any queries or concerns regarding these amendments should be directed to HMRC directly.
Our fee is 48% (inclusive of VAT where applicable) of the reduction in tax from HMRC on your behalf.
HMRC REBATE | OUR FEE | WHAT YOU WILL RECEIVE AFTER FEE DEDUCTION |
---|---|---|
£300.00 | £144.00 | £156.00 |
£100.00 | £48.00 | £52.00 |
£0.00 | £0.00 | £0.00 |
Both parties agree to keep all information obtained from the other party confidential and to use such information only for the purpose of providing or receiving the agreed-upon services.
Confidential information includes, but is not limited to, personal, financial, and business information, as well as any other information that the receiving party knows or reasonably should know is confidential.
The obligation of confidentiality does not apply to information that is publicly available, independently developed by the receiving party, or required to be disclosed by law or regulatory authority.
Our liability for any claim arising from our provision of services under this agreement, whether in contract, tort (including negligence), or otherwise, shall be limited to the amount of fees paid by you for the services giving rise to the claim.
In no event shall we be liable for any indirect, consequential, or special damages, including loss of profits, business interruption, or loss of data, arising from or in connection with our services.
We reserve the right to terminate this agreement upon written notice if you breach any material terms and condition of this agreement and fail to remedy such breach within 30 days after receipt of written notice of the breach.
Upon termination of this agreement, we shall cease providing the services, and you shall promptly pay all outstanding fees and expenses owed to us up to the date of termination.
This agreement shall be governed by and construed in accordance with the laws of England and Wales.
Any dispute arising from or in connection with this agreement, including any question regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of England and Wales.
We reserve the right to amend or modify these terms and conditions. Changes to these terms and conditions will be notified to you in writing before the date upon which they come into force. Any such changes will be effective immediately upon the expiry of 14 days of you receiving the revised terms and conditions and if no objection from you is received in writing. No other variation, or waiver of any right or obligation under this contract will be effective unless made by us and you and evidenced in writing and signed by, or on behalf of, the each of us and expressed to be such a variation or waiver. Neither you nor we have relied on any statement, representation or promise not expressly contained in this agreement but nothing in this clause will have effect to exclude the liability of either party for fraud or fraudulent misrepresentation.
You agree to the terms and conditions set out above.
You have demonstrated your agreement to the terms and conditions set out above by either;
If you have any questions or concerns, please do not hesitate to contact us on info@brooksdale.co.uk
Brooksdale Ltd