Dear Client:
We appreciate the opportunity of providing services to you. To ensure a complete understanding between us, this letter will describe the scope and limitations of the services we will provide for you.
What We’ll Do
We will discuss with you your various concerns regarding the various financial aspects of the current novel corona virus situation and how it impacts you and any business organizations you request that we consider. The type of matters that we anticipate considering includes the following:
- Discussion of the completion of unfiled 2019 income tax returns (if you wish us to actually complete an income tax return, that will be the subject of a separate contract)
- Discussion to help you understand 2019 tax filing and tax payment deadlines
- For business you are associated with:
- Assistance in Determining which of the covid stimulus aid schemes may be appropriate
- Assistance in preparing documentation required to apply for the various stimulus loan and grant programs
- Assistance in preparing documentation required for the forgiveness period expenditures under the PPP loan program
- Financial planning for individuals
- General financial planning—assist with planning regarding the covid crisis and upcoming retirement decisions, your kids’ college planning, and other decisions
Assistance in understand the temporary suspension of RMD rules
- Assistance in planning in regards to the new rules allowing penalty free early distributions from pension accounts and the rules allowing the taxation of those distributions to be “stretched”
- Helping with Roth conversion Decisions.
- Assistance in understanding your investments, the markets and a future direction?
It is your responsibility to tell us which aspects of the above listed services we are to assist with.
If there are additional items that you would like us to investigate or procedures that you would like us to perform, you will communicate those to us in writing and we will revise this letter to include those items.
You will provide all financial information, data and supporting documents. The performance of these services does not alter the fact that you are responsible for the content of any tax returns, financial statements and any other financial information related to you or your businesses. You are responsible for all financial, tax, management decisions and functions, and for designating a competent person to oversee any consulting, bookkeeping services, payroll services, tax services, financial services, and other services we provide. You are responsible for evaluating the adequacy and results of the services performed and accepting responsibility for such services. You are responsible for establishing and maintaining internal controls, including monitoring ongoing activities.
What We Won’t Do
We will make no audit, review or other verification of the data you submit. We will not provide any financial statements and will not perform any compilation, review or audit of any of the financial information. We do not at any time provide legal services of any type. We have not been requested to discover errors, misrepresentations, fraud, illegal acts, or theft, and therefore, have not included any procedures designed or intended to discover such acts, and you agree we have no responsibility to do so. We will not act as your agent on any SBA or other loan application unless so authorized under separate contract.
Unless specifically requested by you (and documented by a separate written engagement letter) we will not prepare any tax returns, assist with any covid related stimulus schemes or perform any other actions or produce any reports, returns or any other documents or any other service or action.
Our engagement is not designed to monitor compliance with federal and state tax matters such as sales tax, payroll tax, excise tax, or gift and estate taxes. We would be happy to consult with you on any of these tax matters at your request.
When we’ll Do It
This engagement is currently contracted to be performed one time only, and is expected to be commenced and completed within the three week period beginning the date this letter was signed. It may require additional meetings or discussions to complete the engagement and it may be expanded based on mutual agreement. If the engagement changes, we will issue a new engagement letter.
Fees
Our fees for the above services will be based on the time expended at our standard rates and will be billed to you on a retainer basis. In most instances we will request a retainer payment charged on a credit card before performing services.
Services Outside the Scope of this Letter and other matters
You may request that we perform additional services that are not contemplated by this engagement letter. If this occurs, we will communicate with you regarding the scope and estimated cost of these additional services. Engagements for additional services will necessitate that we issue a separate engagement letter to reflect the obligations of both parties.
This engagement letter represents the entire agreement regarding the services described herein and supersedes all prior negotiations, proposals, representations or agreements, written or oral, regarding these services. It shall be binding on the heirs, successors and assigns of you and us.
In the interest of facilitating our services to you, we may communicate by facsimile transmission or send electronic mail over the internet. Such communications may include information that is confidential to you. While we will use our best efforts to keep such communications secure in accordance with our obligations under applicable laws and professional standards, you recognize and accept that we have no control over the unauthorized interception of these communications once they have been sent, and consent to our use of these devices during this engagement.
Approvals
In recognition of the relative risks and benefits of this agreement to both the client and the accounting firm, the client and the accounting firm have discussed and have agreed on the fair allocation of risk between them. As such, the client agrees, to the fullest extent permitted by law, to limit the liability of the accounting firm to the client for any and all claims, losses, costs, and damages of any nature whatsoever, so that the total aggregate liability of the accounting firm to the client shall not exceed the accounting firm’s total fee for services rendered under this agreement. The client and the accounting firm intend and agree that this limitation apply to any and all liability or cause of action against the accounting firm, however alleged or arising, unless otherwise prohibited by law. Both parties agree that there is a one year limitation period to bring a claim against us for errors and omissions. The one year period will begin upon the date of the tax professional’s signature on the tax returns covered by this engagement letter.
If any dispute arises among the parties, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Rules for Professional Accounting and Related Services Disputes. If the parties are unable to resolve the dispute through mediation within 60 days from the date notice is first given from one party to the other as to the existence of such a dispute and the demand to mediate, then they may proceed to resolve the matter by arbitration. Costs of any mediation proceeding shall be shared equally by all parties.
We appreciate the opportunity to serve you. Please date and sign below to acknowledge your agreement with and acceptance of your responsibilities and the terms of this engagement. It is our policy to initiate services after we receive the executed engagement letter. If any provision of this agreement is declared invalid or unenforceable, no other provision of this agreement is affected and all other provisions remain in full force and effect.
Sincerely yours,
Williams, Schiller & Styer, PC