Schedule of Services

This schedule should be read in conjunction with the engagement letter and the standard terms and conditions.

Accounts and Personal/CT Tax Return

Recurring compliance work

1. We will prepare your accounts and tax returns required from the information and explanations that you provide to us. After obtaining your approval and signature, we will submit your returns to Revenue/HMRC.

2. We will prepare your business accounts in accordance with generally accepted accounting practice from the books, accounting records and other information and explanations provided to us on your behalf.

3. We will calculate your income tax, capital gains tax liabilities and tell you how much you should pay and when. We will advise on the interest, penalty and surcharge implications if any. We will also check Revenues/HMRC calculation of your tax.

4. Where specialist advice is required on occasions we may need to seek this from or refer you to appropriate specialists.

Changes in the law

1. We will not accept responsibility if you act on advice given by us on an earlier occasion without first confirming with us that the advice is still valid in the light of any change in the law or your circumstances.

2. We will accept no liability for losses arising from changes in the law or the interpretation thereof that are first published after the date on which the advice is given.

Your responsibilities

1. You are legally responsible for:

a) Ensuring that all books and records are accurate and up to date when given to us

b) Filing any returns by the due date; and

c) Making payment of tax on time.

Failure to do this may lead to automatic penalties, surcharges and/or interest.

Taxpayers who sign their returns cannot delegate this legal responsibility to others. You agree to check that returns that we have prepared for you are complete before you approve and sign them.

2. To enable us to carry out our work you agree:

a) That all returns are to be made on the basis of full disclosure of all sources of income, charges, allowances and capital transactions;

b) To provide full information necessary for dealing with your affairs: we will rely on the information and documents being true, correct and complete and we will not audit the information or those documents;

c) To authorise us to approach such third parties as may be appropriate for information that we consider necessary to deal with your affairs; and

d) To provide us with information in sufficient time for your tax return to be completed and submitted by the 31 October/31 January following the end of the tax year. In order that we can do this, we need to receive all relevant information as soon as possible after the end of the tax year.

3. You will keep us informed of material changes in your circumstances that could affect your tax liability. If you are unsure whether the change is material or not please let us know so that we can assess its significance.

Payroll services

Recurring compliance work

1. We will prepare your ROI/UK payroll for each payroll period to meet ROI/UK employment tax requirements, specifically:

– Calculating the pay as you earn (PAYE) deductions;
– Calculating the employees’ PRSI/NI deductions;
– Calculating the employer’s PRSI/NI liabilities;

2. We will prepare and send to you the following documents for each payroll period at or before the time of payment:

– Payroll summary report showing the reconciliation from gross to net for each employee and all relevant payroll totals;
– A payslip for each employee unless not required;
– A P45 for each leaver; and
– A report showing your PAYE and PRSI/NIC liability and due date for payment.

3. We will prepare and send to you the following documents by the statutory due dates at the end of the payroll year:

– Form P60 for each employee on the payroll at the year end;
– P35 (employer’s year end annual return) – a summary of the employer’s annual declarations, including the total payroll payments and deductions for your approval before the year end online declaration P35 is made to Revenue/HMRC ; and

4. We will submit your forms P35 and P35L after they have been approved.

Ad hoc and advisory work

1. Where you have instructed us to do so, we will also provide such other taxation ad hoc and advisory services as may be agreed between us from time to time. These may be the subject of a separate engagement letter. Where appropriate we will discuss and agree an additional fee for such work when it is commissioned by you. Examples of such work include:

– Dealing with any enquiry by Revenue/HMRC into the payroll returns; and
– Preparing any amended returns which may be required and corresponding with Revenue/HMRC as necessary.

2. Where specialist advice is required on occasions we may need to seek this from or refer you to appropriate specialists.

Changes in the law

1. We will not accept responsibility if you act on advice given by us on an earlier occasion without first confirming with us that the advice is still valid in the light of any change in the law or your circumstances.
2. We will accept no liability for losses arising from changes in the law or the interpretation thereof that are first published after the date on which the advice is given

Your responsibilities

1. You are legally responsible for:

a) Ensuring that your payroll returns are correct and complete;

b) Filing any returns by the due date; and

c) Making payment of tax and PRSI/NIC on time.

Failure to do this may lead to automatic penalties, surcharges and/or interest.

You agree to check that returns we have prepared for you are correct and complete before you approve them. You cannot delegate this legal responsibility to others.

  1. To enable us to carry out our work you agree:

a) That all returns are to be made on the basis of full disclosure;

b) To provide full information necessary for dealing with your payroll affairs: we will rely on the information and documents being true, correct and complete and will not audit the information or those documents;

c) To agree with us the name[s] of the person[s] authorised by you to notify us of changes in employees and in rates of pay. We will process the changes only if notified by that/those individual[s];

d) To advise us in writing of changes of payroll pay dates;

e) You will keep us informed of changes in circumstances that could affect the payroll. If you are unsure whether the change is material or not please let us know so that we can assess its significance. and

f) To authorise us to approach such third parties as may be appropriate for information that we consider necessary to deal with your affairs.

SCHEDULE OF SERVICES

This schedule should be read in conjunction with the engagement letter and the standard terms and conditions.

VAT returns

Recurring compliance work

1. We will prepare/review your VAT returns [Intrastat returns/VIES/EC Sales Lists] on the basis of the information and explanations supplied by you.

2. Based on the information that you provide to us we will tell you how much you should pay and when. If appropriate we will initiate repayment claims where tax has been overpaid. We will advise on the interest and penalty implications if VAT is paid late.

Ad hoc and advisory services

3. Where you have instructed us to do so, we will also provide such other taxation ad hoc and advisory services as may be agreed between us from time to time. These may be the subject of a separate engagement letter. Where appropriate we will discuss and agree an additional fee for this work when it is commissioned by you. Examples of such work include:

– Dealing with all communications relating to your VAT returns [Intrastat returns/VIES/EC Sales List] addressed to us by Revenue/HMRC or passed to us by you;
– Making recommendations to you about the use of accounting for VAT on the cash basis versus the invoice basis

4. Where specialist advice is required in certain areas we may need to seek this from or refer you to appropriate specialists

Changes in the law

5. We will not accept responsibility if you act on advice given by us on an earlier occasion without first confirming with us that the advice is still valid in the light of any change in the law or your circumstances.

6. We will accept no liability for losses arising from changes in the law or the interpretation thereof that are first published on or after the date on which the advice is given.

Your responsibilities

7. You are legally responsible for:

a) Ensuring that your returns are correct and complete;

b) Filing any returns by the due date; and

c) Making payment of tax on time.

Failure to do this may lead to automatic penalties, surcharges and/or interest.

You agree to check that returns we have prepared for you are complete before you approve them for submission. You cannot delegate this legal responsibility to others.

8. To enable us to carry out our work you agree:

a) That all returns are to be made on the basis of full disclosure;

b) That you are responsible for ensuring that the information provided is, to the best of your knowledge, accurate and complete. The VAT returns are [prepared/reviewed] solely on the basis of the information provided by you and we accept no responsibility for any VAT liabilities arising due to inaccuracies or omissions in the information you provide which may lead to a misdeclaration on which penalties and interest may arise;

c) That we can approach such third parties as may be appropriate for information we consider necessary to deal with the VAT returns; and

d) To provide us with all the records relevant to the preparation of your bimonthly VAT returns as soon as possible after the return period ends. We would ordinarily need a minimum of 10 days before submission to complete our work. If the records are provided later or are incomplete or unclear thereby delaying the preparation and submission of the VAT return, we accept no responsibility for any “default surcharge” penalty that may arise. Where feasible we may agree to complete your return within a shorter period but may charge an additional fee for so doing.

9. You will keep us informed of material changes in circumstances that could affect your VAT obligations. If you are unsure whether the change is material or not please let us know so that we can assess its significance.

10. You will forward to us Revenue/HMRC statements of account, copies of notices of assessment, letters and other communications received from Revenue in time to enable us to deal with them as may be necessary within the statutory time limits. Although Revenue/HMRC have the authority to communicate with us when an agent link/64-8 has been signed and submitted it is essential that you let us have copies of any correspondence received because Revenue/HMRC are not obliged to send us copies of all communications issued to you.

11. You are responsible for bringing to our attention any errors, omissions or inaccuracies in your VAT returns which you become aware of after the returns have been submitted in order that we may assist you to make a voluntary disclosure.

12. If you are involved with any other business which is not registered for VAT you are responsible for monitoring your monthly turnover to establish whether you are liable to register for VAT. If you do not understand what you need to do, please ask us. If you exceed the VAT registration threshold, and wish us to assist you in notifying Revenue of your liability to be VAT registered, you must give us clear instructions to assist you in the VAT registration process. You should notify us of your instructions in good time to enable the VAT registration application form to be submitted within the statutory time limit of one month following the month in which you exceeded the VAT registration threshold in force at that time. We will not be responsible if you fail to notify us in time and incur a late registration penalty as a result.

13. If a VIES/EC Sales list needs to be completed you are responsible for obtaining all of your customers’ VAT registration numbers in other member states and to check any that you are not completely satisfied with. If you need help to do so, please let us know.

Standard Terms and Conditions

1. Applicable law

Our engagement letter, the schedule of services and our standard terms and conditions of business are governed by, and should be construed in accordance with Irish/UK Law as applicable. Each party agrees that the courts of Ireland/UK will have exclusive jurisdiction in relation to any claim, dispute or difference concerning this engagement letter and any matter arising from it. Each party irrevocably waives any right to object to any action being brought in those Courts, to claim that the action has been brought in an inappropriate forum, or to claim that those Courts do not have jurisdiction.

2. Client identification

As with other professional services firms, we are required to identify our clients for the purposes of anti-money laundering legislation. We may request from you, and retain, such information and documentation as we require for these purposes and/or make searches of appropriate databases.

3. Client money

We may from time to time hold money on your behalf. Such money will be held in trust in a client bank account, which is segregated from the firm’s funds.

4. Complaints

We are committed to providing you with a high quality service that is both efficient and effective. However, should there be any cause for complaint in relation to any aspect of our service please contact Larissa Feeney. We agree to look into any complaint carefully and promptly and do everything reasonable to put it right. If you are still not satisfied you can refer your complaint to our professional body, Chartered Accountants Ireland.

5. Confidentiality

Communication between us is confidential and we shall take all reasonable steps to keep confidential your information except where we are required to disclose it by law, by regulatory bodies, by our insurers or as part of an external peer review. Unless we are authorized by you to disclose information on your behalf this undertaking will apply during and after this engagement.

We may, on occasions, subcontract work on your affairs to other tax or accounting professionals. The subcontractors will be bound by our client confidentiality terms.

6. Conflicts of interest

We will inform you if we become aware of any conflict of interest in our relationship with you or in our relationship with you and another client. We have safeguards that can be implemented to protect the interests of different clients if a conflict arises. Where conflicts are identified which cannot be managed in a way that protects your interests then we regret that we will be unable to provide further services. If this arises, we will inform you promptly.

If there is a conflict of interest that is capable of being addressed successfully by the adoption of suitable safeguards to protect your interests then we will adopt those safeguards. Where possible this will be done on the basis of your informed consent. We reserve the right to act for other clients whose interests are not the same as or are adverse to yours subject of course to the obligations of confidentiality referred to above.

7. Data Protection

We confirm that we will comply with the provisions of Data Protection Legislation when processing personal data about you and your partners/directors, if applicable. In order to carry out the services of this engagement and for related purposes such as updating and enhancing our client records, analysis for management purposes and statutory returns, legal and regulatory compliance and crime prevention we may obtain, process, use and disclose personal data about you.

8. Disengagement

Should we resign or be requested to resign we will normally issue a disengagement letter to ensure that our respective responsibilities are clear.

Should we have no contact with you for a period of 12 months or more we may issue to your last known address a disengagement letter and thereafter cease to act.

9. Electronic and other communication

Unless you instruct us otherwise we may, where appropriate, communicate with you and with third parties via email or by other electronic means. The recipient is responsible for virus checking emails and any attachments.

With electronic communication there is a risk of non-receipt, delayed receipt, inadvertent misdirection or interception by third parties. We use virus-scanning software to reduce the risk of viruses and similar damaging items being transmitted through emails or electronic storage devices. However electronic communication is not totally secure and we cannot be held responsible for damage or loss caused by viruses nor for communications which are corrupted or altered after dispatched. Nor can we accept any liability for problems or accidental errors relating to this means of communication especially in relation to commercially sensitive material. These are risks you must agree to bear in return for greater efficiency and lower costs. If you do not wish to accept these risks please let us know and we will communicate by paper mail, other than where electronic submission is mandatory.

Any communication by us with you sent through the post system is deemed to arrive at your postal address two working days after the day that the document was sent.

10. Fees and payment terms

Our fees may depend not only upon the time spent on your affairs but also on the level of skill and responsibility and the importance and value of the advice that we provide, as well as the level of risk.

If we provide you with an estimate of our fees for any specific work, then the estimate will not be contractually binding unless we explicitly state that that will be the case.

Where requested we may indicate a fixed fee for the provision of specific services or an indicative range of fees for a particular assignment. It is not our practice to identify fixed fees for more than a year ahead as such fee quotes need to be reviewed in the light of events. If it becomes apparent to us, due to unforeseen circumstances, that a fee quote is inadequate, we reserve the right to notify you of a revised figure or range and to seek your agreement thereto.

In some cases, you may be entitled to assistance with your professional fees, particularly in relation to any investigation into your tax affairs by Revenue/ HMRC. Assistance may be provided through insurance policies you hold or via membership of a professional or trade body. Other than where such insurance was arranged through us you will need to advise us of any such insurance cover that you have. You will remain liable for our fees regardless of whether all or part are liable to be paid by your insurers.

We will bill monthly and our invoices are due for payment by standing order. Our fees are exclusive of VAT which will be added where it is chargeable. Any disbursements we incur on your behalf and expenses incurred in the course of carrying out our work for you will be added to our invoices where appropriate.

Unless otherwise agreed to the contrary our fees do not include the costs of any third party, counsel or other professional fees.

If you do not accept that an invoiced fee is fair and reasonable you must notify us within 21 days of receipt, failing which you will be deemed to have accepted that payment is due.

11. Implementation

We will only assist with implementation of our advice if specifically instructed and agreed in writing.

12. Intellectual property rights

We will retain all copyright in any document prepared by us during the course of carrying out the engagement save where the law specifically provides otherwise.

13. Internal disputes within a client

If we become aware of a dispute between the parties who own or are in some way involved in the ownership and management of the business, it should be noted that our client is the business and we would not provide information or services to one party without the express knowledge and permission of all parties. Unless otherwise agreed by all parties we will continue to supply information to the [registered office/normal place of business] for the attention of the [directors/proprietors]. If conflicting advice, information or instructions are received from different directors/principals in the business we will refer the matter back to the board of directors/the partnership/the LLP and take no further action until the board/partnership/LLP has agreed the action to be taken.

14. Lien

Insofar as we are permitted to do so by law or professional guidelines, we reserve the right to exercise a lien over all funds, documents and records in our possession relating to all engagements for you until all outstanding fees and disbursements are paid in full.

15. Limitation of liability

We will provide our services with reasonable care and skill. Our liability to you is limited to losses, damages, costs and expenses directly caused by our negligence or wilful default.

Exclusion of liability for loss caused by others

We will not be liable if such losses, penalties, surcharges, interest or additional tax liabilities are caused by the acts or omissions of any other person or due to the provision to us of incomplete, misleading or false information or if they are caused by a failure to act on our advice or a failure to provide us with relevant information.

Exclusion of liability in relation to circumstances beyond our control

We will not be liable to you for any delay or failure to perform our obligations under this engagement letter if the delay or failure is caused by circumstances outside our reasonable control.

Exclusion of liability relating to the discovery of fraud etc

We will not be responsible or liable for any loss, damage or expense incurred or sustained if information material to the service we are providing is withheld or concealed from us or misrepresented to us. This applies equally to fraudulent acts, misrepresentation or wilful default on the part of any party to the transaction and their directors, officers, employees, agents or advisers.

This exclusion shall not apply where such misrepresentation, withholding or concealment is or should (in carrying out the procedures which we have agreed to perform with reasonable care and skill) have been evident to us without further enquiry beyond that which it would have been reasonable for us to have carried out in the circumstances.

Indemnity for unauthorised disclosure

You agree to indemnify us and our agents in respect of any claim (including any claim for negligence) arising out of any unauthorized disclosure by you or by any person for whom you are responsible of our advice and opinions, whether in writing or otherwise. This indemnity will extend to the cost of defending any such claim, including payment at our usual rates for the time that we spend in defending it.

Limitation of aggregate liability

Where the engagement Letter specifies an aggregate limit of liability, then that sum shall be the maximum aggregate liability of this firm, company or LLP, its principals, partners or directors, agents and employees to all persons to whom the engagement letter is addressed and also any other person that we have agreed with you may rely on our work. By signing the engagement letter you agree that you have given proper consideration to this limit and accept that it is reasonable in all the circumstances. If you do not wish to accept it you should contact us to discuss it before signing the engagement letter.

You have agreed that you will not bring any claim of a kind that is included within the subject of the limit against any of our principals/directors or employees; on a personal basis

16. Limitation of Third Party rights

The advice and information we provide to you as part of our service is for your sole use and not for any third party to whom you may communicate it unless we have expressly agreed in the engagement letter that a specified third party may rely on our work. We accept no responsibility to third parties, including any group company to whom the engagement letter is not addressed, for any advice, information or material produced as part of our work for you which you make available to them. A party to this agreement is the only person who has the right to enforce any of its terms and no rights or benefits are conferred on any third party

17. Period of engagement and termination

Unless otherwise agreed in the engagement covering letter our work will begin when we receive your implicit or explicit acceptance of that letter. Except as stated in that letter we will not be responsible for periods before that date.

Each of us may terminate this agreement by giving not less than 21 days notice in writing to the other party except where you fail to cooperate with us or we have reason to believe that you have provided us or Revenue/ HMRC with misleading information, in which case we may terminate this agreement immediately. Termination will be without prejudice to any rights that may have accrued to either of us prior to termination.

In the event of termination of this contract, we will endeavor to agree with you the arrangements for the completion of work in progress at that time, unless we are required for legal or regulatory reasons to cease work immediately. In that event, we shall not be required to carry out further work and shall not be responsible or liable for any consequences arising from termination.

18. Professional rules and statutory obligations

We will observe and act in accordance with the regulations, standards and guidance of Chartered Accountants Ireland and will accept instructions to act for you on this basis. In particular you give us the authority to correct errors made by Revenue Commissioners/HMRC where we become aware of them. We will not be liable for any loss, damage or cost arising from our compliance with statutory or regulatory obligations.

19. Reliance on advice

We will endeavor to record all advice on important matters in writing. Advice given orally is not intended to be relied upon unless confirmed in writing. Therefore, if we provide oral advice (for example during the course of a meeting or a telephone conversation) and you wish to be able to rely on that advice, you must ask for the advice to be confirmed by us in writing.

20. Retention of papers

You have a legal responsibility to retain documents and records relevant to your tax affairs. During the course of our work we may collect information from you and others relevant to your tax affairs. We will return any original documents to you [if requested]. Documents and records relevant to your tax affairs are required by law to be retained as follows:

Individuals, trustees and partnerships

– with trading or rental income: five years and ten months after the end of the tax year in UK and 6 years in Ireland
– otherwise: 22 months after the end of the tax year;

Companies, LLPs and other corporate entities

– six years from the end of the accounting period;

Whilst certain documents may legally belong to you we may destroy correspondence and other papers that we store, electronically or otherwise, which are more than seven years old. You must tell us if you require the return or retention of any specific documents for a longer period.

21. Professional Indemnity Insurance

In accordance with our professional body rules, we are required to hold professional indemnity insurance. Details about the insurer and coverage can be found at our offices.

22. Purchases made online: Company Formation, Company Secretarial, Registered Office, Business Address, Virtual Office and Non EU Member Bond

These services are possible to purchase online on the accountantonline.ie website. Below are the cancellation fees applied if you wish to cancel after purchasing:

Company Formation: If you purchase this service and notify us via email to hello@accountantonline.ie within 24 hours of purchase, we are happy to refund the amount paid in full. For cancellations received after 24 hours of purchase, we apply an administration fee and refund €50 for not filing with the CRO. This is because work will already have begun on the processing of your order.

Company Secretarial: This service is refundable within 24 hours of purchase, less an administration charge of 50 Euro. After 24 hours of purchase, there is no refund applicable.

Virtual Office, Business Address, Registered Office These services are refundable within 24 hours of purchase, less an administration charge of 50 Euro. After 24 hours of purchase, there is no refund applicable.

Non EU Director Bond. This service is refundable within 24 hours of purchase, less an administration charge of 50 Euro. After 24 hours of purchase, there is no refund applicable.