Introduction and Purpose of this Engagement
These terms and conditions form part of the engagement between YOUtax Pty Ltd (“YOUtax”, “we”, “us”, “our”) and the parties we are servicing.
Thank you for selecting YOUtax Pty Ltd to assist you with your income tax and accounting needs. This letter confirms our understanding of the terms of our engagement and the nature and limitations of the services we provide.
YOUtax Pty Ltd reserves the right to amend these terms and conditions from time to time without prior notice. The version current at the time of your engagement will be available on our website or provided on request.
Registration and Professional Standards
YOUtax Pty Ltd (Agent registration 25213800, Tax Agent Services Act 2009 (TASA)) will provide you with tax, accounting and advisory services as detailed in the Services section of this agreement. Our services will be conducted in accordance with:
- The Tax Agent Services Act 2009 and the Tax Practitioners Board (TPB) Code of Professional Conduct; and
- The relevant professional and ethical standards issued by the Accounting Professional & Ethical Standards Board (APESB), including APES 305 Terms of Engagement.
Our liability is limited by a scheme approved under Professional Standards Legislation. Further information is available from the Professional Standards Councils’ website: https://www.psc.gov.au/.
We confirm that we are registered with the TPB and that our registration is renewed annually. Our registration status can be verified at any time via the TPB public register at www.tpb.gov.au.
Scope, Nature and Limitations of Services
YOUtax Pty Ltd will provide tax, accounting and advisory services as described in your proposal or engagement schedule.
Any service not expressly listed in your engagement or proposal is considered out of scope and will be quoted or billed separately.
Unless expressly stated otherwise:
- The extent of our procedures and services is limited to the purpose described in this engagement.
- No audit or review will be performed and, accordingly, no assurance will be expressed.
- Our engagement cannot be relied upon to disclose irregularities including fraud, illegal acts or errors that may exist. However, we will inform you of any such matters that come to our attention.
- Our services are provided solely for you as our client for the purposes specified in this engagement. No other party may rely on our work without our prior written consent.
- YOUtax Pty Ltd does not receive any tax refunds, or hold assets or trusts on behalf of clients, unless we have expressly agreed to do so in writing in accordance with applicable regulations.
Appointment to Act
You appoint YOUtax Pty Ltd to act as your tax agent and/or accountant in relation to the services covered by this engagement.
It is taken that you have accepted our terms of engagement if:
- You have signed this engagement letter (physically or electronically) or typed your name and clicked the “Accept Proposal” button; or
- You have made some form of payment to YOUtax Pty Ltd; or
- You have provided additional information or instructions, whether verbal, written or by other means, which implies acceptance; or
- You do not act and allow us to proceed on the assumption that our terms of engagement are accepted.
Your acceptance authorises us to act on your behalf, receive and send correspondence for you and any associated entities with the Australian Taxation Office and other regulatory agencies as may be required.
This engagement starts on the date of this agreement and continues until the services described have been completed or the engagement is terminated in accordance with these terms.
Our Responsibilities
In conducting this engagement, it is our responsibility to:
- Act lawfully, in your best interests, with honesty and integrity.
- Provide services and lodgements in a competent and timely manner in accordance with relevant professional and ethical standards issued by the APESB and TPB.
- Take reasonable steps to manage any conflicts of interest and to act independently in our interpretation and application of the law.
- Advise you of your rights and obligations that are materially relevant to the services we are providing, including under the tax law and self-assessment system.
All information acquired by us in the course of the engagement is subject to strict confidentiality requirements. Information will not be disclosed to other parties except as required or allowed for by law, or with your express consent.
Code of Conduct
We are bound by the codes of professional conduct mandated under TASA and by the regulations of the Association of Taxation and Management Accountants (ATMA), in addition to legal obligations imposed by Commonwealth and State legislation.
Key elements of the TASA Code of Professional Conduct include requirements to:
- Act honestly and with integrity;
- Act lawfully in your best interests;
- Be independent in our interpretation and application of the law to your situation;
- Manage conflicts of interest;
- Perform our work competently and in a timely manner; and
- Advise you of your rights and obligations under relevant tax laws, to the extent they are materially related to the services we provide.
We also maintain a system of quality control in accordance with relevant APESB standards.
Your Responsibilities and Document Collection
You, as the client, are responsible for:
- The reliability, accuracy and completeness of all information available regarding your personal or business taxation records;
- Providing all requested information, records and supporting documentation in a timely manner; and
- Ensuring that the information provided is complete, accurate and not misleading.
An important part of our service process is the collection of complete, accurate and relevant supporting documentation to enable us to prepare your taxation matters in accordance with applicable legislation and to meet our professional and due diligence obligations, including the requirements of the Tax Practitioners Board.
Following your acceptance of this Letter of Engagement, we may issue an information request to obtain the documents and details required to complete your work. This may be provided as either a standard information request or a specific information request, depending on the nature and complexity of the services being provided.
You acknowledge and agree that:
- It is your responsibility to provide all information, records and supporting documentation requested by us in a timely manner; and
- Delays in providing requested information, or the provision of incomplete or inaccurate documentation, may affect our ability to complete the services within expected timeframes and may result in additional work or fees.
Record keeping and substantiation:
- It is your responsibility to keep all records, receipts, logbooks, travel diaries, minutes and other documentation used to prepare your tax return.
- If you are claiming tax deductions or business expenses, you must keep written evidence to verify your claims, in order to comply with your substantiation obligations under Australian taxation law.
- Under self-assessment, you are responsible for keeping full and proper records to facilitate the preparation of a correct return.
ATO review and amendment periods:
- The Commissioner of Taxation will usually accept claims made by a taxpayer in an income tax return and issue a notice of assessment without adjustment. However, the return may be subject to later review.
- Under tax law, such a review may take place within a period of up to four years after tax becomes due and payable under the assessment.
- Where there is fraud or evasion, there is no time limit on amending an assessment.
You should check your return before signing to ensure that the information in the return is accurate.
It is the client’s responsibility to advise YOUtax Pty Ltd of any changes in circumstances that are relevant to the services we provide, including changes in income, deductions, entities, addresses or residency.
If you do not respond to our reasonable information requests, or do not do so within a reasonable time, this may delay or prevent lodgement and may also be grounds for us to disengage from the engagement.
Billing Policy, Fees and Scope of Services
Direct Debit System
YOUtax uses a Direct Debit system to collect fees for services. As part of this engagement, you will be required to provide your nominated bank account details or credit card details for payment of our fees.
By accepting this Letter of Engagement, you authorise YOUtax to debit your nominated bank account or credit card in accordance with the billing terms set out below and in any accompanying direct debit authority.
Payment Terms
- Services with total fees of $600 + GST or less
– Billed 100% upfront.
–Payment will be collected within 3 days of acceptance of this Letter of Engagement, or prior to lodgement with the ATO, whichever occurs first.
- Services with total fees exceeding $600 + GST
*Generally billed in two instalments:
-50% upon acceptance of this Letter of Engagement; and
-50% upon completion of the services, when your tax return or other relevant documents are provided to you for review and signing.
-These instalments form part of the total agreed fee and are not separate or additional charges.
*Unless otherwise stated, payment will be collected within 3 days of the relevant billing event.
Payments will be automatically processed in accordance with the above schedule.
Other billing arrangements may be agreed in writing for specific engagements or service packages.
Billing Examples
- Example 1 – 100% upfront
If your quoted fee is $600 + GST, the total amount of $660 will be collected within 3 days of your acceptance of this engagement, or before lodgement, whichever occurs first. - Example 2 – 50% / 50%
If your quoted fee is $1,200 + GST, an initial payment of $660 will be collected within 3 days of your acceptance of this engagement, and the remaining $660 will be collected upon completion of the services when your tax return is sent to you for signing.
Starting Fees and Variations to Scope
We make every effort to ensure that your quoted fees are accurate. However, as a professional services business, circumstances may arise where the complexity, technical nature, or time required to complete the work is greater than originally anticipated.
Quoted fees are based on the information available at the time of engagement. Where information is incomplete, incorrect, or additional complexity is identified, fees will be adjusted accordingly.
Please note that our quoted fees are starting fees only and are based on the scope of services identified at the commencement of the engagement.
If, during the course of providing our services, we identify any of the following, additional fees may apply:
- Work required beyond the original scope of services;
- Out‑of‑scope services not included in the original quotation;
- Additional appointments, consultations or follow‑up work;
- Increased technical complexity requiring additional time or specialist input; or
- Information or circumstances that were not known to us at the time the original fee was quoted.
- Delays in providing requested information, including via onboarding or document collection systems, may result in delays, additional work, or revised fees.
Any additional fees for these services will be invoiced and charged upon completion of the relevant services, unless otherwise advised.
Where practical, our team will make reasonable efforts to notify you if additional services or fees are identified during the engagement. Please refer to our “starting at” fee pricing for further guidance.
Direct Debit and Payment‑Related Fees
Where permitted by law, YOUtax may on‑charge payment‑related fees incurred in connection with collecting your fees.
This may include:
- Dishonour fees for unsuccessful direct debit payments;
- Failed payment or declined transaction fees charged by our payment provider;
- Chargeback or disputed transaction fees; and
- Other direct debit or transaction fees to the extent they are permitted to be passed on under applicable law.
Any such fees may be debited from your nominated payment method.
To the extent that any merchant fee, card fee, surcharge or processing fee is not permitted to be charged to clients under applicable law or payment scheme rules, YOUtax will not on‑charge that fee.
General Fee Terms
- Unless otherwise agreed, full payment must be received in accordance with the Direct Debit and billing terms above and, in any case, prior to lodgement of your income tax return or other documents with the ATO.
- Where this Letter of Engagement has been accepted and work has commenced, our fees for work performed are payable even if you subsequently decide not to complete lodgement of your tax return through YOUtax Pty Ltd.
- If we agree to any alternative fee arrangement (such as a refund‑from‑refund arrangement), this will be documented separately.
Please review the scope of services and our billing policy carefully before accepting this Letter of Engagement to ensure it accurately reflects the services you require and the way in which fees will be charged and collected.
Limitation of Liability
Our liability is limited by a scheme approved under Professional Standards Legislation. Further information is available from the Professional Standards Councils.
Your use of our website, web forms and payment facilities is at your sole risk. YOUtax Pty Ltd does not guarantee uninterrupted operation of its website or online systems.
Ownership of Documents
All original documents obtained from you arising from the engagement remain your property. However, we reserve the right to make a reasonable number of copies for our records.
Our engagement will result in the production of income tax returns and/or other deliverables. Ownership of these deliverables will vest in you once our fees are paid. All other documents produced by us in respect of this engagement (including working papers) remain the property of YOUtax Pty Ltd.
No documents owned by YOUtax Pty Ltd will be passed on to third parties without your written or express consent, except as required by law. YOUtax Pty Ltd may exercise a legal right of lien over certain client documents in our possession in the event of a dispute and has established dispute resolution processes.
Insurance
YOUtax Pty Ltd maintains:
- Professional Indemnity Insurance in accordance with the Tax Agent Services Act 2009; and
- Cyber Liability and Privacy Protection Insurance.
Every effort has been undertaken to ensure your data is protected. In the event of a notifiable data breach, YOUtax is subject to the Australian mandatory data breach notification regime and may be required to notify you and the OAIC (Office of the Australian Information Commissioner).
Privacy Policy and Data Sharing
Your access to our YOUtax website constitutes acceptance of our Privacy Policy, which can be viewed at: https://youtax.com.au/privacy-policy/
Where our services are provided in connection with your employer or another organisation, the parties may be required to share personal payroll data and resulting tax outcomes to execute the service outlined in this engagement. Your acceptance of this engagement indicates your permission for the parties to share this limited data for the purposes of the engagement, subject to our Privacy Policy and applicable law.
Use of Artificial Intelligence
YOUtax Pty Ltd may use approved artificial intelligence (AI) and AI-enabled technologies to assist in providing services to you. This may include research, document preparation, drafting, summarisation, analysis, workflow administration, quality review and other activities reasonably connected with the delivery of our services.
AI is used as an assistance tool only and does not replace the professional judgement, expertise or responsibilities of our staff. We remain responsible for all advice, lodgements, communications and services provided to you. Any material AI-assisted output will be reviewed and verified by an appropriately qualified member of our team before being relied upon.
By accepting this engagement, you acknowledge and agree that, where reasonably necessary for the provision of our services, your information may be processed, transmitted to or stored by approved AI and technology providers, including providers whose systems, infrastructure or servers may be located within or outside Australia.
YOUtax Pty Ltd will take reasonable steps to protect the confidentiality, privacy and security of your information and will only use AI systems that we consider appropriate for professional use and consistent with our legal, ethical and professional obligations. Where practical, we will minimise or de-identify information provided to AI-enabled systems.
The use of AI does not alter our obligations under the Tax Agent Services Act 2009, the Code of Professional Conduct, applicable privacy laws or any other professional obligations owed to you.
Acceptance of this engagement constitutes your consent to the use of approved AI and technology providers as described above for the purpose of providing the services covered by this engagement.
Electronic Communications
Where other methods are not available or not practical, you agree that we may communicate by electronic means such as email, SMS and online portals.
We and you each recognise that email and the internet are inherently insecure; emails and data can become corrupted, may not always be delivered promptly (or at all) and may carry viruses. Each party is responsible for protecting its own systems and interests, and neither of us will be responsible to the other on any basis for any loss or damage arising from the use of electronic communication, except where caused by that party’s negligence or wilful misconduct.
Anti-Money Laundering and Counter-Terrorism Financing
YOUtax Pty Ltd has anti-money laundering and counter-terrorism financing (AML/CTF) obligations and associated Rules administered by AUSTRAC. These regulations apply when we provide certain services under table 6 of subsection 6(5B) of the Anti-Money Laundering and Counter-Terrorism financing Act 2006, including:
• assisting in the planning or execution of a transaction to sell, buy or transfer a body
corporate or legal arrangement
• receiving, holding, controlling or managing a person’s property to help in the planning or execution of a transaction
• assisting in organising, planning, or executing a transaction for equity or debt financing relating to a body corporate or legal arrangement
• selling or transferring a shelf company
• assisting in the planning or execution of the creation or restructuring a body corporate or legal arrangement
• acting, or arranging for someone to act on behalf of a person in particular positions in a body corporate or legal arrangement
• providing a registered office address or principal place of business address of a body
corporate or legal arrangement.
These laws require reporting entities to implement customer due diligence (KYC), monitor transactions, and report suspicious matters, among other obligations.
In order to comply with AML/CTF Laws, we may be required to:
- collect, verify and record information and documentation that identifies you, your authorised representatives, and (where relevant) your beneficial owners or controlling persons, in accordance with our customer due diligence and “know your client” (KYC) procedures;
- request information regarding the nature and purpose of our business relationship with you and the source of funds or wealth involved in any engagement; and
- conduct ongoing monitoring of our relationship with you, including reviewing transactions and other activity for the purpose of identifying and, where required, reporting suspicious matters to AUSTRAC or other authorities.
You agree to promptly provide any information and documentation we reasonably request for AML/CTF and KYC purposes and warrant that such information is true, accurate and complete to the best of your knowledge. Failure to provide satisfactory information or documentation may result in our declining to act, delaying, suspending or terminating the provision of services.
To the extent permitted by law, you acknowledge and agree that any action we take, or disclosure we make, in good faith to comply with AML/CTF Laws (including the filing of reports with AUSTRAC or other authorities) will not constitute a breach of any duty of confidentiality or any other obligation owed to you.
We will handle personal information collected in connection with AML/CTF and KYC in accordance with our Privacy Policy and the Privacy Act 1988 (Cth), subject to any overriding obligations under AML/CTF Laws.
Electronic Data, Storage & Management
YOUtax Pty Ltd operates on a largely paperless basis, storing your records electronically. In addition to our own IT infrastructure, we use off‑site email storage, online banking facilities, online and cloud‑based accounting systems and document storage facilities, including but not limited to Online Services for Tax Agents, Xero, Xero Practice Manager, MYOB, FYI, Microsoft Office, OneDrive, Typeform and HubSpot.
Some cloud storage facilities and IT servers operated by these providers may be located outside Australia.
We and our vendors use reasonable security measures such as firewalls, anti‑virus software, encryption, digital certificates, myGovID, password protection and multi‑factor identification where available. However, no computer system is completely free from the risk of data breach.
By signing this letter and accepting these services, you acknowledge and agree that:
- Your personal information may be stored or accessed via cloud‑based servers, including servers located overseas; and
- Your personal information may be viewed by overseas YOUtax employees or contractors engaged in providing services to you.
You agree to indemnify and release YOUtax Pty Ltd from claims for damages arising from the use of cloud‑based storage or cloud‑based accounting services in connection with this engagement, except to the extent required by law.
Outsourced Services and Remote Workers
We may involve third‑party contractors or outsourced service providers in providing various aspects of your client support services, tax, accounting and advisory work. YOUtax employees and contractors may work from remote locations in Australia and the Philippines.
Remote workers are required to use secure log‑ins to YOUtax‑owned and maintained software and cloud storage platforms and are bound by confidentiality and privacy obligations equivalent to those of our in‑office staff.
Where the outsourced service requires the disclosure of personal information to an overseas recipient, YOUtax Pty Ltd will take reasonable steps to ensure that the Australian Privacy Principles are complied with by the overseas recipients of the personal information.
Acceptance of this engagement indicates your acceptance of the use of outsourced and remote services as described above.
Termination and Disengagement
Either party may terminate this engagement by giving reasonable written notice.
If you are not found to be adhering to YOUtax’s or the ATO’s requests, processes, procedures and/or payment requirements, YOUtax reserves the right to disengage you as a client. This may include:
- Removing you from YOUtax’s ATO lodgement program; and
- Archiving your client files.
Disengagement from YOUtax will be advised to you in writing. We will cooperate with any reasonable request to transfer information to a new adviser, subject to our professional obligations and settlement of outstanding fees.
Refunds and Amendments
Refunds will not be applied if the processing of your tax return has commenced, except as required by law.
If there is an error or omission found within your lodged tax return, arising from information provided to us prior to lodgement, we will complete an amended tax return free of charge. If an amendment is required as a result of additional information being provided after lodgement, additional fees will apply.
Dispute Resolution Process
We aim to provide the highest standard of professional service and are focused on the concerns of our clients.
If you feel you have not received the service level expected or have an issue to raise:
- Please first contact your accountant to discuss how the problem may be resolved.
- If the complaint is unresolved, it may be escalated to the Director, Emma Baxter, via email. Emma will confirm receipt and will endeavour to resolve the dispute with you directly within 14 days.
If there is an issue regarding the ethical or business practices of our firm, you may contact the Tax Practitioners Board to investigate instances where the TASA Code of Professional Conduct may have been breached. Information is available at https://www.tpb.gov.au/complaints.
Confirmation of Terms
In consideration of the above, YOUtax Pty Ltd will, upon acceptance of your payment and completion and submission of your documentation, apply the information you have provided in accordance with the Income Tax Assessment Act 1936, the Income Tax Assessment Act 1997 and any other Australian Taxation Office rulings.
By accepting these terms of engagement, you indicate that this is in accordance with your understanding of the arrangements.
