The Accounting byte is a trading name of Accbyte Ltd (Company Registration No. 07083629) and our registered office is 111 Dudley Road West, Tividale, Oldbury, England, B69 2HU.
We are a Controller for the purposes of the General Data Protection Regulation (Regulation (EU) 2016/679).
Our representative for the purpose of data protection compliance is Lee Murphy who can be contacted at contact@accountingbyte.com.
We respect your privacy and your rights to control your personal data (data). We will always protect your data, be clear about the data we collect from you and the reasons why. We do not and will not sell your data to third parties.
We will only use your data when the law allows us to. Most commonly, we will use your data in the following circumstances:
This Privacy Policy (the ‘Policy’) explains the data we collect from you, either directly or indirectly, why and how we use it. It explains how we protect your data, the choices you can make about the data we collect and how you can control these decisions.
Please read this Policy carefully.
We will only collect personal data from you that we consider to be necessary in the context and purpose in which it’s given.
Through your use of our services we may also collect personal data from you about someone else. If you provide us with personal data about someone else, you must ensure that you are authorised to disclose that data to us and that, without us taking any further steps required by applicable data protection or privacy laws, we may collect, use and disclose such personal data for the purposes described in this Policy. You must, therefore, take reasonable steps to ensure that the third party concerned is aware of and consents to the various matters detailed in this Policy, including: the fact that their personal data is being collected; the purposes for which that data is being collected; the intended recipients of that data; and the third party’s right to obtain access to the data (including details of how to request access). Where requested to do so, you must assist us with any requests by the third party to access or update the personal data you have collected from them and provided in connection with our Services.
You may be required to provide information when:
In order to gain more information about Accounting Byte, you may visit our website or landing pages, or for example speak to one of our advisors, use our calculators or download one of Our guides. At these times you may voluntarily provide personal information about yourself.
We collect: The type of personal information collected may include full name; phone numbers; email addresses; business type; income; usage data and statistics; connection data; other unique identifiers such as IP addresses or device IDs, marketing and advertising responses and preferences.
Why: To make sure you find the information you’re looking for and for us to make recommendations to you about our products and services. To follow up your enquiry, provide you with discounts on services, give you access to business guides, to share news about industry and Company updates. Additionally, your IP address helps us to understand geographic information about our website visitors.
How: Data is collected through online forms; surveys; email; telephone, live chat or in person.
Depending on the type of service you purchase from us you may be asked to share information so we can provide a quote, respond to your enquiry, determine the product best suited for you and to complete the transaction.
We collect: The type of personal information collected may include full name; home/business postal address; phone numbers; email addresses; payment information; business type/trade; usage data and statistics; connection data; other unique identifiers such as IP addresses or device IDs, marketing and advertising responses and preferences; purchase inquiry and history; products, services or content provided.
Why: To carry out our obligations to provide services you’ve engaged us to deliver or to perform. To provide a quote, form policy documents, complete the transaction and to follow up your purchase or enquiry.
We do not store any card payment data and only use payment information in connection with the purchase made.
How: Data is collected through online forms, email, live chat or telephone.
If you have asked us to form a limited company on your behalf you will be asked to provide information relating to yourself, the limited company you want to form and related third parties such as additional directors or shareholders, if you have any. This information is needed so your company can be registered with Companies House.
We collect: The type of personal information collected may include full name; home/business postal address; phone numbers; email addresses; registered office/service address; date of birth; title; nationality; company details, to include share split, person of significant control; authentication data, for example passport number, national insurance number; place of birth; payment card information; usage data and statistics; connection data; other unique identifiers such as IP addresses or device IDs, marketing and advertising responses and preferences; purchase inquiry and history; products, services or content provided.
Why: To check company name availability and ensure the company is formed correctly with the correct company officers and company information. To comply with legal and regulatory compliance, to include crime prevention. To provide the right guidance, answer your questions and to complete the transaction.
How: Data is collected through an online form, email, live chat or telephone.
If you subscribe to one of our accounting services you may be asked to provide information relating to you and/or your business. The information required will depend on the type of service you’re subscribing to. You may also be asked to provide information about third parties i.e. additional employees, directors or shareholders. We may also seek your permission to contact external third parties to gain items such as professional clearance or assignment schedules.
We collect: The type of personal information collected may include full name; home/business postal address; registered office address; business name/type; phone numbers; email addresses; job title; date of birth; place of birth; title; nationality; marital status; national insurance number; tax codes; HMRC UTR numbers; government issued identification, including passport numbers; sanction and watch list data; details of any other business involvement including shareholding; payment card information; bank account data; usage data and statistics; connection data; other unique identifiers such as IP addresses or device IDs, marketing and advertising responses and preferences; username and passwords for accessing and using our services, purchase inquiry and history; products, services or content provided.
Why: To verify your identity for legal/regulatory compliance and crime prevention. To carry out our obligations to provide services you’ve engaged us to deliver or to perform. To configure your accounting/payroll software correctly and provide the right support and advice. Analysis for management and marketing purposes.
How: Data is collected through online forms, surveys, email, live chat, telephone or by post.
During the course of your engagement with us you may be asked to provide additional information and to keep us informed of any changes to your circumstances or that of your business. You may also require additional services or products.
We collect: The type of personal information collected may include changes in marital status; changes of home/business postal address; other sources of income; investment activities; changes to your company structure, to include changes to company officers; usage data and statistics; connection data; other unique identifiers such as IP addresses or device IDs, marketing and advertising responses and preferences.
Why: To carry out our obligations to provide services you’ve engaged us to deliver or to perform. Support you in managing your affairs, provide the right guidance and support at the right time, ensure you continue to be subscribed to the right service for you, to notify you about changes to our services, make suggestions/recommendations to you about other products and services. For related purposes such as updating and enhancing our client records, improving our services, troubleshooting, testing, data analysis, research, profiling, statistical and survey purposes. Analysis for management and marketing purposes and statutory returns, legal and regulatory compliance and crime prevention.
How: Data is collected through online forms, surveys, email, live chat, telephone, SMS text message or by post.
We have a recommendation program where you have the opportunity to earn commission for referrals of Our products and services. We provide you with a link to enable you to recommend other businesses to us. It is imperative that you seek explicit permission from your referral before submitting their information to us.
We collect: The type of personal information collected may include full name; business name; telephone and mobile numbers and email address
Why: To enable us to contact your referral to discuss our services with them
How: Data is collected through online forms, email, live chat and telephone.
We also uses the data we collect to provide you with our services and to communicate with you.
We uses the data for the following purposes:
We use data to provide and improve our services and perform essential business operations. This includes operating our services, maintaining and improving the performance of our services, including developing new features, research, testing and providing client support. We may also make aggregated anonymised information available for reporting and for the purposes of surveys.
We use data to ensure we comply with relevant regulation and law. This includes needing to verify your identity if you subscribe to our accounting services. This verification involves:
(a) a full electoral roll search (your consent is not required for this); and
(b) credit reference agencies placing a soft search footprint on your electronic file and your data being accessed by third parties for the specific purpose of anti-money laundering, credit assessment, ID verification, debt collection, asset reunification, tracing and fraud prevention.
We use data to protect the security and safety of our services and our clients, to detect and prevent fraud, to resolve disputes and enforce our agreements.
Outgoing and incoming telephone calls from and to our advisory or support teams are recorded for training and monitoring purposes. This process helps us to maintain high standards of service and resolve issues.
We use data to run business operations to provide you with our services, profile our user base and develop anonymised aggregate analysis and business intelligence that enable us to operate, protect, make informed decisions and report on the performance of our business.
We use the data we collect to deliver and personalise our communications with you.
For example, we may contact you by email or other means of electronic communication to inform you about our services, invite you to take part in a survey, notify you about promotions, business activities, events and changes to our services.
If you become a member, subscribe to or purchase one of our services you will also receive service-related communications. These will include system and service support communications, policy, security or software updates.
We also use cookies and similar technologies to provide the most relevant products and information to you.
We do not sell data about our clients and we only share or disclose your data as authorised in this Policy.
We may share or disclose information with the following types of third parties.
Suppliers: We work with a variety of third party suppliers to perform services such as website hosting, online product purchases and email communications. We share your personal data as necessary to complete any transaction or provide a product or service you have requested. These suppliers work on our behalf for the purposes described in this Policy. We impose strict contractual obligations on suppliers to ensure data is secure, protected and treated in accordance with this Policy and we will take all steps reasonably necessary to maintain compliance with these obligations.
Subcontractors: We occasionally subcontract elements of Our service provision to other parties. We will always ensure that we have appropriate contractual arrangements in place.
Legal/Regulatory Bodies: To the extent that we are duty bound by any applicable legal or regulatory requirement to cooperate with any competent legal or governmental authority or agency, we shall do so in accordance with applicable law. This may involve disclosure of your personal data and we will have no legal liability for such disclosures. Please note that, depending on circumstances, We may be forbidden from advising you of the fact that your personal data has been disclosed to or requested by such third parties.
Under Section 330 of the Proceeds of Crime Act 2002 we have a duty to report to the Serious Organised Crime Agency (SOCA) if we know, or have reasonable cause to suspect, that you or anyone connected with your business are or have been involved in money laundering. Failure on our part to make a report where we have knowledge, or reasonable grounds for suspicion, would constitute a criminal offence. We are obliged by law to undertake this reporting to SOCA, but are under no obligation to make you aware of this reporting. In fact, we may commit the criminal offence of “tipping off” under Section 333 of the Proceeds of Crime Act 2002 if we were to inform you that a report had been made. In consequence, neither Our principals nor staff may enter into any correspondence or discussions with you regarding such matters.
Other Parties: with whom it might be necessary to complete a financial or corporate transaction such as a merger or sale of asset.
You can review, edit or delete your personal data by contacting us by email; contact@accountingbyte.com. We will respond to any request to access or delete your personal data as soon as possible, but certainly within 14 days.
You can opt out of receiving certain direct communications from us.
If you wish to stop receiving promotional or marketing related emails from us, you can do so by following the instructions included in every email sent to you via the “unsubscribe” link. We respect your choice, and we will stop sending you emails once you unsubscribe. It may take up to 14 days to process your request.
Please note, if you have become a member, subscribed or purchased any of our services regardless of your preferences we will continue to communicate with you for service emails, software updates, policy updates, or significant information about our services.
We use cookies and similar technologies like pixels, tags and other identifiers to help us personalise our websites and services for you, remember your preferences, understand how users are using our websites and services and help customise our marketing offerings.
By visiting our websites or using our services you agree that you are happy for us to set cookies and similar technologies for the purposes described in this Policy.
A ‘cookie’ is a small data file that is sent to your computer’s cookie file when you visit a website. When you visit the website again the cookie allows that site to recognise your browser.
We use two types of cookie, ‘persistent’ and ‘session’. Session cookies are temporary and will only stay on your device until you close your browser at which point they are deleted. Persistent cookies stay on your computer or mobile device permanently until they expire or are deleted.
We use the following types of cookies on our website:
Strictly necessary cookies. These cookies are essential for you to browse our websites and use the features.
Performance upped. These cookies collect information about how you use our websites. This data may be used to help optimise our website and make it easier for you to navigate.
Functional cookies. These cookies allow our websites to remember choices you make and personalise your experience. We may store your geographic location in a cookie for instance, to ensure that we show you the website relevant to your area.
Third Party cookies. Third party cookies are those placed by websites and/or parties other than us. These cookies may be used on our website to improve our products or services or to help us provide more relevant advertising. These cookies are subject to the respective privacy policies for these external services, for example, the Facebook Data Use Policy.
Analytics cookies. We use analytics cookies, like those offered by Google Analytics, to help us understand things like how long a visitor stays on our website, what pages they find most useful, and how they arrived. To learn more about Google Analytics and your data, visit this Google webpage.
Most web browsers allow you to control cookies through their settings preferences, however if you limit the ability of websites to set cookies, you may impact your overall user experience.
You can learn about how to control cookie settings on popular web browsers, by visiting:
Google
Chrome
Internet
Explorer
Safari
Firefox
In addition to cookies, we sometimes use small graphic images known as ‘pixels’ (also known as web beacons, clear GIFs, or pixel tags). We use pixels in our email, online chat and phone communications (if you have selected to receive such communications) to help us to understand how you interacted with our communication.
We also use third party pixels (such as those from Google, Facebook, and other advertising networks) to help us provide advertising that is relevant to your interests.
When you use our app, we collect a unique ad tracking identifier from your device (the Advertising Identifier or “IDFA” on iOS devices and the Google Ad ID or “AID” on Android devices) so that we can learn more about users of our app and provide the most relevant messaging and marketing. Although these identifiers are unique to your device, they do not contain any of your data such as name or email address.
You can control how these identifiers are used, including the ability to reset them, through your device settings. Below you can learn about how to control cookie settings on the following popular device operating systems:
We use several marketing tools in support of our advertising efforts.
In accordance with the Digital Advertising Alliance Principles, we may work with third party advertisers that use cookies and similar technologies to provide more relevant advertising about our services on our website and across the internet.
To provide this ‘interest-based advertising’, the parties combine non-personal data about your online activities acquired over time which helps cater advertising that we deliver to you.
Examples of this may include an Accounting Byteadvertisement on a Facebook page, or a Google-owned page such as a search results page or YouTube, or on a site within Google’s advertising network. We do not share your data as part of this process.
If you have opted out of receiving communications from us, we will not use your email for interest-based advertising, although you may still be subject to certain interest based advertising depending upon your browser and device settings.
By submitting your personal data, you agree to its transfer, storing and processing.
Most personal data is stored electronically on servers or computer systems with controlled access and controlled environments.
Our servers are located within enterprise-grade hosting facilities that employ robust physical security controls to prevent physical access to the servers they house. These controls include monitoring, 24/7 surveillance and on-site security staff.
Other personal data may be kept in paper form within our office, if needed, although in the main copies are destroyed after they have been scanned into computer systems.
We will not transfer personal data outside of the European Economic Area (EEA) without complying with the provisions of the Data Protection Legislation in respect of such transfer.
We are committed to protecting the security of your personal data. We use a variety of security technologies and procedures to help protect your personal data from unauthorised access, use or disclosure.
For example, any personal data transferred to us over the internet is protected with Secure Sockets Layer / Transport Layer Security (SSL/TLS) Encryption Certificate technology. This ensures that all personal data transferred is encrypted to prevent eavesdropping and tampering.
While no Service is completely secure, we take precautionary measures and have strict security standards to help prevent data loss, theft, misuse and unauthorised access, disclosure, alteration and destruction or other like incidents that might affect the security of your personal data.
These measures include encryption, password protection, anti-malware, firewalls, server authentication, user profiles, backup/disaster recovery systems, restriction of access to premises and computer systems, as well as use of relevant third party service providers to provide security. For your Security, it is the responsibility of the recipient to ensure that any email attachments sent from Accounting Byte will not adversely affect its systems. We advise carrying out such virus checks as you consider appropriate as no responsibility will be accepted by Pandle Ltd.
We impose strict contractual obligations on suppliers, subcontractors and partners to ensure data is secure, protected and treated in accordance with this Policy and we will take all steps reasonably necessary to maintain compliance with these obligations.
However we cannot guarantee the security of your personal data while it is being transmitted to us if you don’t enter or import it from a secure environment or secure mobile device.
If you have any questions about the security of your data, you can contact us at contact@accountingbyte.com
We retain personal data for as long as necessary to provide our services or for other essential purposes such as complying with our legal obligations, resolving disputes and enforcing our agreements. Because these needs can vary for different data types in the context of different services, actual retention periods can vary significantly.
For example, the default standard retention period for accounting records is six years plus current, otherwise known as six years + one. This is defined as six years after the last entry in a record followed by first review and/or destruction to be carried out in the additional current (+ one) accounting year.
If we need to alter, restrict processing of your data, or remove your data we will inform you.
You can find detailed information about your rights under Data Protection legislation on the UK Information Commissioner’s website at ico.org.uk.
You have:
There is no charge for this service. However, we can charge a ‘reasonable fee’ when a request is manifestly unfounded or excessive, particularly if it is repetitive and we may also charge a reasonable fee to comply with requests for further copies of the same information.
We will provide copies of the personal data we hold about you without delay and at the latest within one month of receipt. The period of time for response may be extended by a further two months where requests are complex or numerous. If this is the case, we will inform you within one month of the receipt of the request and explain why.
In relation to us, only the direct marketing ground is applicable. If you wish to object to Our direct marketing please email contact@accountingbyte.com
After you have signed up for our services you will receive service related emails from us, which are necessary to enable us to provide our services. You will always have the ability to opt-out of receiving non-service related messages. You can also ask to opt-out of having personal identifiable information used for certain purposes, including promotional communications and newsletters. You can exercise your right to prevent such processing by following the opt-out instructions, which will be clear and obvious on the forms, or emails we use to collect your data. You can also exercise the right at any time by contacting us at contact@accountingbyte.com
If you exercise any of your rights and your personal data has been shared with third parties, we will notify the third parties that you are exercising your rights as relevant to them.
You have the right to lodge a complaint with the Information Commissioner Officer, details of how to do this are given at their website: ico.org.uk.
We may modify or update this Policy when necessary to reflect feedback and changes in our services. Visiting our website and/or using our services after any modification to this Policy will constitute your acceptance of such modification and updates. It is your responsibility to check this policy for any changes made.
The Data Protection Act 2018 (“DPA 2018”) and the General Data Protection Regulation (“GDPR”) impose certain legal obligations in connection with the processing of personal data.
Accbyte Ltd is a data controller within the meaning of the GDPR and we process personal data. The firm’s contact details are as follows: Accbyte Ltd, 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX.
We may amend this privacy notice from time to time. If we do so, we will supply you with and/or otherwise make available to you a copy of the amended privacy notice.
Where we act as a data processor on behalf of a data controller (for example, when processing payroll), we provide an additional schedule setting out required information as part of that agreement. That additional schedule should be read in conjunction with this privacy notice.
We intend to process personal data for the following purposes
Our intended processing of personal data has the following legal bases
It is a requirement of our contract with you that you provide us with the personal data that we request. If you do not provide the information that we request, we may not be able to provide professional services to you. If this is the case, we will not be able to commence acting or will need to cease to act.
We may share your personal data with:
If the law allows or requires us to do so, we may share your personal data with:
We may need to share your personal data with the third parties identified above in order to comply with our legal obligations, including our legal obligations to you. If you ask us not to share your personal data with such third parties we may need to cease to act.
Your personal data will be processed in the EEA only.
When acting as a data controller and in accordance with recognised good practice within the tax and accountancy sector we will retain all of our records relating to you as follows:
Our contractual terms provide for the destruction of documents after 7 years and therefore agreement to the contractual terms is taken as agreement to the retention of records for this period, and to their destruction thereafter.
You are responsible for retaining information that we send to you (including details of capital gains base costs and claims and elections submitted) and this will be supplied in the form agreed between us. Documents and records relevant to your tax affairs are required by law to be retained by you as follows:
Individuals, trustees and partnerships
Companies, LLPs and other corporate entities
Where we act as a data processor as defined in DPA 2018, we will delete or return all personal data to the data controller as agreed with the controller at the termination of the contract.
You have a right to request access to your personal data that we hold. Such requests are known as ‘subject access requests’ (“SARs”).
Please provide all SARs in writing marked for the attention of [contact name in the organisation].
To help us provide the information you want and deal with your request more quickly, you should include enough details to enable us to verify your identity and locate the relevant information. For example, you should tell us:
If you do not have a national insurance number, you must send a copy of:
DPA 2018 requires that we comply with a SAR promptly and in any event within one month of receipt. There are, however, some circumstances in which the law allows us to refuse to provide access to personal data in response to a SAR (e.g. if you have previously made a similar request and there has been little or no change to the data since we complied with the original request).
We will not charge you for dealing with a SAR.
You can ask someone else to request information on your behalf – for example, a friend, relative or solicitor. We must have your authority to respond to a SAR made on your behalf. You can provide such authority by signing a letter which states that you authorise the person concerned to write to us for information about you, and/or receive our reply.
Where you are a data controller and we act for you as a data processor (e.g. by processing payroll), we will assist you with SARs on the same basis as is set out above.
You have a right to obtain the rectification of any inaccurate personal data concerning you that we hold. You also have a right to have any incomplete personal data that we hold about you completed. Should you become aware that any personal data that we hold about you is inaccurate and/or incomplete, please inform us immediately so we can correct and/or complete it.
In certain circumstances you have a right to have the personal data that we hold about you erased. Further information is available on the ICO website (www.ico.org.uk). If you would like your personal data to be erased, please inform us immediately and we will consider your request. In certain circumstances we have the right to refuse to comply with a request for erasure. If applicable, we will supply you with the reasons for refusing your request.
In certain circumstances you have the right to ‘block’ or suppress the processing of personal data or to object to the processing of that information. Further information is available on the ICO website (www.ico.org.uk). Please inform us immediately if you want us to cease to process your information or you object to processing so that we can consider what action, if any, is appropriate.
In certain circumstances you have the right to be provided with the personal data that we hold about you in a machine-readable format, e.g. so that the data can easily be provided to a new professional adviser. Further information is available on the ICO website (www.ico.org.uk).
The right to data portability only applies:
We will respond to any data portability requests made to us without undue delay and within one month. We may extend the period by a further two months where the request is complex or a number of requests are received but we will inform you within one month of the receipt of the request and explain why the extension is necessary.
Where you have consented to our processing of your personal data, you have the right to withdraw that consent at any time. Please inform us immediately if you wish to withdraw your consent.
Please note:
We do not intend to use automated decision-making in relation to your personal data.
If you have requested details of the information we hold about you and you are not happy with our response, or you think we have not complied with the GDPR or DPA 2018 in some other way, you can complain to us. Please send any complaints to narayan@accountingbyte.com.
If you are not happy with our response, you have a right to lodge a complaint with the ICO (www.ico.org.uk).
The services you signed up for are based on the package that you have selected and the information you have provided us with. It is your responsibility to make sure that the information you give us is correct. The scope of the services included in the package can be found on the pricing page here. Only the services stated on the contract will be covered by your monthly fee or catch-up fee. Where you have provided the start date of your trading or financial year to us, and we have issued a contract using that information, we reserve the right to charge additional fees if it transpires that the dates you have provided or the request for services you have made does not adequately cover what is required.
1. Applicable law
Our contract, the schedule of services and our standard terms and conditions of business are governed by, and should be construed in accordance with, the law and practice of England and Wales. Each party agrees that the courts of England and Wales 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 and verification
As with other professional services firms, we are required to identify and verify our clients for the purposes of the UK anti-money laundering legislation. Save in exceptional circumstances we cannot start work until this requirement has been met. We may request from you, and retain, such information and documentation as we require for these purposes and/or make searches of appropriate databases including ID verification software.
If you are undertaking business that requires you to be supervised by an appropriate supervisory authority to follow anti-money laundering regulations, including if you accept or make high value cash payments of €10,000 or more (or equivalent in any currency) in exchange for goods, you must inform us.
3. Client money
If we 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. The account will be operated and all funds dealt with in accordance with Association of Accounting Technician rules.
4. Commissions and other benefits
In some circumstances we may receive commissions and/or other benefits for introductions to other professionals or in respect of transactions that we arrange for you. Where this happens we will notify you in writing of the amount and terms of payment and receipt of any such commissions or benefits.
5. 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 narayan@accountingbyte.com . We agree to look into any complaint carefully and promptly and do everything reasonable to try and resolve it.
6. Confidentiality
Communication between us is confidential. We shall take all reasonable steps not to disclose your information except where we are required to and as set out in our privacy notice. Unless we are authorised 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 and security terms.
7. Conflicts of interest
If there is a conflict of interest in our relationship with you or in our relationship with you and another client that is capable of being addressed successfully by the adoption of suitable safeguards to protect your interests, then we will adopt those safeguards.
Where conflicts are identified that 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. 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.
8. Data protection
You acknowledge that we will act in accordance with the privacy notice we have supplied to you.
9. 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 1 year or more, we may issue to your last known address a disengagement letter and thereafter cease to act.
We reserve the right following termination for any reason to destroy any of your documents that we have not been able to return to you after a period of six months unless other laws or regulations require otherwise.
10. Electronic and other communication
As instructed, we will communicate with you and with any third parties you instruct us to as set out in our contract and privacy notice 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 that are corrupted or altered after despatch. 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 accept 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 hard copy, other than where electronic submission is mandatory.
Any communication by us with you sent through the post or DX system is deemed to arrive at your postal address two working days after the day that the document was sent.
When accessing information held electronically by HMRC, we may have access to more information than we need and will only access records reasonably required to carry out the contract.
You are required to keep us up to date with accurate contact details at all times. This is important to ensure that communications and papers are not sent to the incorrect address.
11. 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 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.
Our fees are charged on a fixed fee basis as stated in the package that you have chosen (view packages here) and are subject to price rises in April each year, regardless of your sign-up date or how long you have been on your current pricing. Direct debit payments are typically taken on the first day of the month, for the current month – i.e. you would pay for March’s service on 1st March.
From time to time, it may be necessary to adjust your fee outside of the annual rise. We reserve the right to amend our fees at any time, for any reason, and without prior notice. However, we will always provide email notification of any changes to your fees.
If you require additional services not included in your selected package, these will be charged separately. We will always confirm the nature and cost of any such work with you in advance. Please note that no refunds will be issued if you choose not to fully utilise the service, or if Accbyte is unable to complete contracted work due to your failure to provide the required information or access.
If you decide to move to another accountant partway through your financial year, your new accountant may charge you for work relating to periods already covered under your Accbyte contract. Accbyte will not issue refunds or cover additional fees charged by third parties in such cases.
We reserve the right to instruct our partner, Select Credit Management Ltd, to assist with late-stage credit control and commercial debt recovery where payments are overdue or defaulted. In such cases, the full outstanding balance under the agreement will become immediately due.
Where this contract exists between us and a purchaser acting in the course of a business we reserve the right to charge interest on late-paid invoices at the rate of 8% above the Bank of England base rate under the Late Payment of Commercial Debts (Interest) Act 1998. We also reserve the right to suspend our services or to cease to act for you on giving written notice if payment of any fees is unduly delayed. We intend to exercise these rights only where it is fair and reasonable to do so.
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.
On termination of the engagement you may appoint a new adviser. Where a new adviser requests professional clearance and handover information we reserve the right to charge you a reasonable fee for the provision of handover information.
12. Implementation
We will only assist with implementation of our advice if specifically instructed and agreed in writing.
13. 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.
14. Interpretation
If any provision of this engagement letter, schedules of services or standard terms and conditions is held to be void, then that provision will be deemed not to form part of this contract and the remainder of this agreement shall be interpreted as if such provision had never been inserted.
In the event of any conflict between these standard terms and conditions and the engagement letter or schedules of services, the relevant provision in the engagement letter or schedules will take precedence.
15. 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 a business client, it should be noted that where our client is the business, 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.
16. Investment advice (including insurance mediation services)
Investment business is regulated under the Financial Services and Markets Act 2000.
If, during the provision of professional services to you, you need advice on investments, including insurances, we may have to refer you to someone who is authorised by the Financial Conduct Authority or licensed by a designated professional body as we are not authorised to give such advice.
If, during the provision of taxation services to you, you need advice on investments, we may have to refer you to someone who is authorised by the Financial Conduct Authority.
17. 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.
18. 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 proven negligence, fraud, or wilful default. In any event, our total liability shall not exceed the lesser of (a) the total fees paid by you under the contract in the 12 months preceding the claim, or (b) £5,000.
Exclusion of liability for loss caused by others
We will not be liable if such losses, penalties, 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.
In particular, where we refer you to another firm whom you engage with directly, we accept no responsibility in relation to their work and will not be liable for any loss caused by them.
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 non-disclosure or misrepresentation
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 exclusion shall not apply where such misrepresentation, withholding or concealment is or should (in carrying out the procedures that 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 unauthorised 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 company, its 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.
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 directors or employees; on a personal basis.
19. 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 that 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 under the Contracts (Rights of Third Parties) Act 1999.
20. Period of engagement and termination
Unless otherwise agreed in the contract our work will begin when we receive your implicit or explicit acceptance of the contract, except as stated in the contract we will not be responsible for periods before that date.
Each of us may terminate this agreement by giving not less than one month’s 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 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 endeavour 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.
If you engage us for a one-off piece of work (for example advice on a one-off transaction or preparation of a tax return for one year only) the engagement ceases as soon as that work is completed. The date of completion of the work is taken to be the termination date and we owe you no duties and we will not undertake further work beyond that date.
Where recurring work is provided (for example ongoing compliance work such as the completion of annual tax returns) the engagement ceases on the relevant date in relation to the termination as set out above. Unless immediate termination applies, in practice this means that the relevant termination date is:
We owe you no duties beyond the date of termination and will not undertake any further work.
Consumer rights
If you are engaging with us as a consumer (you are an individual who is not acting in the course of a business, trade, or profession) then you have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of the contract, i.e. when we receive your written agreement to this engagement.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement by sending an email to narayan@accountingbyte.com.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract under your right to cancel, we will reimburse to you all payments received from you.
We will make the reimbursement without undue delay and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
WE WILL PROVIDE SERVICES DURING THE CANCELLATION PERIOD ONLY IF YOU INSTRUCT US TO START WORK BEFORE THE EXPIRY OF THE CANCELLATION PERIOD.
If you have asked us to begin the performance of services during the cancellation period, you shall pay us an amount in accordance with the services carried out during this period.
21. Professional body rules
We will observe and act in accordance with the bye-laws, regulations and ethical guidelines of the AAT and will accept instructions to act for you on this basis.
You are responsible for bringing to our attention any errors, omissions or inaccuracies in your returns that you become aware of after the returns have been submitted in order that we may assist you to make a voluntary disclosure.
In particular, you give us the authority to correct errors made by HMRC where we become aware of them. In addition, we will not undertake tax planning which breaches Professional Conduct in Relation to Taxation. We will therefore comply with the general anti-abuse rule and the targeted anti-avoidance rule. We will not be liable for any loss, damage or cost arising from our compliance with statutory or regulatory obligations. You can see copies of these requirements at our offices. The requirements are also available online at www.aat.org.uk
The implications of professional body membership as it relates to GDPR are set out in the privacy notice, which should be read alongside these standard terms and conditions of business.
22. Reliance on advice
We will endeavour 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. However, bear in mind that advice is only valid at the date it is given.
23. 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].
When we cease to act for you we will seek to agree the position on access to cloud-accounting records
to ensure continuity of service. This may require you to enter direct engagements with the software
providers and pay for that service separately. Documents and records relevant to your tax affairs
are required by law to be retained as follows:
Individuals, trustees and partnerships
Companies, LLPs and other corporate entities
While 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. This includes your
documents if they have not been reclaimed by you within the seven-year period. You must tell us if
you require the return of any specific document or their retention for a longer period.
You
should retain documents that are sent to you by us as set out in the privacy notice, which should be
read alongside these terms and conditions.
24. The Provision of Services Regulations 2009 (‘Services Directive’)
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 or by request from us.
Your Responsibility for the Preparation of Accounts
Our Responsibilities for the Preparation of Accounts
25. Fair Use Policy
Accbyte strives to provide the best services possible for the best price possible. In order to maintain a good level of service for all of our customers we have a fair usage policy. This policy applies to all of the products and services that Accbyte offers but the areas where there are more commonly breaches of this policy are outlined below.
Accbyte’s policy towards Fair Usage is that Customers should be able to use the service in an appropriate manner to meet their needs.
A very small number of customers use an excessive amount of Accbyte’s time, to the extent that it could impair the level of service provided to others. Accbyte’s Fair Usage Policy is designed to provide the most effective service to all Customers.
The fair usage policy will identify the very small number of customers who use the service beyond what Accbyte regards as fair. We will communicate with these users to try and establish what is driving the high usage and how individual usage patterns and habits can be modified to the benefit of all. In extreme cases, Accbyte may be required to apply management techniques to reduce the impact the heavy users have to the service provided to other customers.
What level of use is allowed?
With all of Accbyte’s monthly subscription services, the service is designed to be used monthly as a maximum. If a customer began to submit one purple envelope a week instead of one a month we would regard this usage as unfair as it would have a detrimental effect on the level of work performed for other customers.
Whilst we accept that the occasional phone call to clarify accountancy issues and pass on important information is required in the nature of our business, we do regard excessive calls to Accbyte with regards to accountancy matters as unfair usage. In circumstances where we feel a customer is spending an excessive amount of time phoning any Accbyte office we would regard the usage as unfair as it detrimentally affects the level of service that Accbyte can provide to its other customers.
How can I make sure that I am using the service fairly?
If you are submitting one purple envelope a month and are not entering into excessive communication that falls outside of your agreed contract service level, then your usage would be considered fair. The majority of our customers easily fall within these boundaries. If Accbyte calls you to discuss an issue or a piece of advice we have identified that we feel would be beneficial to you then this is not counted towards unfair usage.
If you do have questions regarding your monthly accounts then please use the ticketing system that we have given to you for accountancy queries. All tickets will be responded to in line with your contracted package.
26. Pre-Accounting Tools
We use pre-accounting software to extract the data from source documents. Therefore, please make sure that the documents you provide us with are of a good quality to ensure accuracy. Following the guidance below will allow us to process your work as efficiently as possible and reduce the number of queries we have for you.
If you use the Freepost envelopes:
If you use the app:
27. Data Usage for AI Training
By using our services, you acknowledge and agree that the data you provide may be used by us to improve and train our artificial intelligence (AI) models. This data will be used solely for internal purposes, to enhance the functionality and performance of our systems.
28. Meeting Deadlines
In order that we may meet the deadlines set out by Companies House and HMRC, we require that you provide all information relating to your accounts and tax returns according to the following timescales:
Accbyte will not be held responsible for any late filing penalties or interest that arise, especially where the timescales above have not been adhered to.
The agreement made between the parties (which consists of this agreement and any other terms agreed in writing), contains the total understanding of the parties and supersedes all previous understandings between them either in writing or oral, provided that this shall not apply to fraudulent or negligent misrepresentation.
Neither party shall be liable for any breach of this agreement directly or indirectly caused by circumstances beyond the reasonable control of that party and which prevent that party from performing its obligations to the other, provided that a lack of funds shall not be regarded as a circumstance beyond that party’s reasonable control.
This agreement can be amended or modified by Accbyte in written form at any time. The up to date agreement is available on our website. By using Accbyte’s services you agree to the latest version of our terms and conditions as displayed on our website.
Neither of the parties to this agreement may assign their rights, benefits or obligations under this agreement without prior written consent from the other party.
It should be understood that our appointment as your agent does not absolve your company or its directors or any individual tax payer from their statutory responsibilities with regard to the content of returns, the filing of returns and various compulsory registration thresholds that company directors / individuals must be aware of when running a business. We would draw your attention to the strict rules and time limits for the submission of such returns and the substantial penalties which may arise if these are not observed. It is therefore essential that we receive full information from you promptly to enable us to ensure that the returns are made on a timely basis. Completed returns will be sent to you for approval and signature prior to submission on the company’s behalf.
It is your responsibility to make sure that your state payments are made on time (tax, national insurance, VAT etc). Accbyte are not liable for any fines or interest incurred by late payment of state payments, or any delay in the receipt of state benefits or pension as a result of late payment by the tax payer.
We will not be liable for any loss suffered by you or any third party as a result of our compliance with the Anti Money Laundering Legislation or any UK law or at all.
You agree that if our performance of our obligations under this agreement is prevented or delayed by your act or omission we shall not be liable for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
The content of your accounts, VAT returns, payroll returns, tax returns and any other submissions that we make on your behalf to HMRC or Companies House are ultimately your responsibility.
As an employer it is your responsibility to make sure that your payroll is correct before you make payments to your staff or HMRC. This includes making sure you adhere to minimum / living wage legislation and ensuring that calculated pay is based on the correct number of contracted hours.
As a business owner and/or tax-paying individual, you remain responsible for the content of your returns, even if you instruct an accountant to prepare them for you – this typically applies for all accountants and tax advisors across the UK. Therefore it is important that you check anything we send to you for signature / approval / action, before you sign it / approve it / act upon it and we submit it to the relevant authorities or you make payments to staff or HMRC based upon its content. Accbyte cannot be held responsible for any costs, charges, fines or losses sustained or incurred due to you giving permission to us to submit a return that subsequently is found to contain erroneous information.
Accbyte will not be held responsible for any late filing penalties relating to your accountancy and tax work that may be issued by HMRC or Companies House. It is your responsibility to provide the information requested by your accountant in a timely manner, in order to facilitate us preparing and submitting any statutory returns on time. Throughout the course of our engagement, we will periodically remind you of such deadlines that relate to your business and personal circumstances and do our best to remind you of any missing information we require to complete your work. However, the responsibility to provide that information in time is yours.
We send all documents for signature via electronic document software. We encourage you to read, review and sign documentation promptly upon receipt. It is your responsibility to sign off your accounts and tax returns with sufficient time for us to make the submission to HMRC and/or Companies House – usually 3 business days. We will use our best endeavours to remind you to sign off accounts and tax returns that you have been sent, but if you fail to sign the documents in sufficient time for us to file them with HMRC and/or Companies House, we are not responsible for any automatic late filing penalties or interest that you may incur.
Nothing in this agreement shall exclude, or in any way limit either party’s liability for death or personal injury caused by its negligence. Subject to this, neither party shall be liable to the other for any loss of contracts or loss of actual or anticipated income or profit or for any indirect, special or consequential damages, loss or expenses arising under this agreement whether or not such loss or damage is foreseeable, foreseen or known.
Our aggregate liability to you in contract, tort, (including negligence) or otherwise in relation to this contract is limited to whichever is the lesser of £5,000 and the total charges payable by you to us under this agreement in respect of the 12 months prior to the event giving rise to the liability.
Save as expressly set out in this agreement, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement
H2 Schedule of Services
This schedule should be read in conjunction with your contract and the standard terms and conditions.
Your services are based upon the requirements of your legal entity, and the services you have selected.
Package types and their services are in the tables below. The package and any services we will cover are detailed on your contract.
We can only complete the work to the timelines specified where you have provided all required information in time.
Sole Trader
| Service | Package |
|---|---|
| Use of Free Bookkeeping Software | X |
| Transactions per month | 100 |
| Bookkeeping | X |
| Management Accounts | – |
| Year End Accounts | X |
| SA100 Personal Tax Return | X |
| Turnaround on monthly work | 10 days |
| Year End Completion Time | 3 months |
| Tax Return Filing to HMRC | X |
Ltd Company
| Service | Package |
|---|---|
| Use of Free Bookkeeping Software | X |
| Transactions per month | 100 |
| Bookkeeping | X |
| Management Accounts | X |
| Year End Statutory Accounts | X |
| CT600 Corporation Tax Return | X |
| Turnaround on monthly work | 10 days |
| Year End Completion Time | 3 months |
| Filing to HMRC & Companies House | X |
Partnership
| Service | Basic |
|---|---|
| Use of MazApp | X |
| Transactions per month | 100 |
| Bookkeeping | X |
| Management Accounts | – |
| Year End Accounts | X |
| SA800 Partnership Tax Return | X |
| Turnaround on monthly work | 10 days |
| Year End Completion Time | 3 months |
| Tax Return Filing to HMRC | X |
LLP
| Service | Basic |
|---|---|
| Use of Free Bookkeeping Software | X |
| Transactions per month | 100 |
| Bookkeeping | X |
| Management Accounts | X |
| Year End Accounts | X |
| SA800 Partnership Tax Return | X |
| Turnaround on monthly work | 10 days |
| Year End Completion Time | 3 months |
| Tax Filing to HMRC & Companies House | X |
Where we have agreed to provide bookkeeping services, we will process and record the financial transactions of your business based on the information and documentation you supply.
This may include entering sales and purchase invoices, receipts, payments, and other relevant financial data into an appropriate accounting system. You are responsible for ensuring that the records, documents, and information you provide to us are accurate, complete, and supplied in a timely manner.
We do not verify the authenticity of the documentation provided, and our work should not be relied upon to disclose errors, fraud, or other irregularities, although we will inform you if any come to our attention during the performance of our duties.
Our services do not include any form of assurance engagement and do not constitute an audit or review as defined by applicable professional standards. It is your responsibility to retain appropriate records to meet statutory requirements, including the requirements of HMRC and any other relevant regulatory bodies.
The monthly subscription service includes the preparation of the monthly management accounts of your business.
This involves us completing the writing up of your books and records, insofar as they are incomplete when presented to us, from the information and explanations supplied to us and preparing management accounts.
We understand that you have agreed that you or your staff will be responsible for:-
(a) maintaining records of all sales and receipts of money
(b) providing us with details of your purchases
(c) providing us with details of your expenses
(d) providing copies of business bank statements
You will also provide estimates of any stocks at the end of each period.
You understand that we will not be carrying out an audit and accordingly will not verify the assets and liabilities of the business, nor the items of expenditure and income. To carry out an audit would require additional work to comply with generally accepted auditing standards which we are not authorised to carry out.
We would emphasise that we cannot undertake to discover any shortcomings in your systems or any irregularities on the part of your employees or others, although we will advise you of any such circumstances that we encounter in preparing your accounts.
The management accounts are prepared for your exclusive use within your business. They should not be shown to any other party without our prior consent.
Your spouse is legally responsible for their own tax affairs and should be dealt with independently. However, if both spouses agree in writing then we can disclose to your spouse such details of your financial affairs as are required to consider your combined tax position.
(a) We shall be pleased to act as your personal tax advisers in the UK with effect from the contract acceptance date.
(b) We will prepare your personal income tax and capital gains tax return together with all supporting schedules and prepare your self-assessment of tax and Class 2 and Class 4 National Insurance contributions.
(c) We will forward to you your tax return form and supporting schedules for your approval and signature. Once the return has been approved and signed by you and returned to us, we will submit it to HMRC.
(d) We will advise you as to amounts of tax to be paid and the dates by which you should make the payments, including payments on account and the balancing payment, and if appropriate we will initiate repayment claims when tax appears to have been overpaid.
(e) We will deal with HMRC regarding any amendments required to your return and prepare any amended returns which may be required.
(f) We will advise as to claims and elections arising from the tax return and from information supplied by you and, where instructed by you, we will make such claims and elections in the form and manner required by HMRC.
(g) You have asked us to undertake all correspondence with HMRC on your behalf. To avoid any problems would you please send to us any forms or correspondence received from HMRC as soon as you receive them. In particular would you please ensure that no payments are made to HMRC without our confirmation that the demands are correct.
(h) HMRC has powers to charge both interest and penalties if there is a delay in submitting a tax return. Such charges are automatic if the tax return is submitted after 31st January following the end of the tax year, or if any payments are made after the respective due dates.
(i) It is therefore important that all details required for the preparation of your tax return are forwarded to us as soon as possible after 5th April each year and by 30th June at the latest. If the information is received after that date, we will not accept responsibility for any penalties or surcharges charged by HMRC. We reserve the right to charge an additional fee for returns that are filed after 31st October each year. If we have sent you your tax return and you have not signed off the electronic document in time, but give us consent via another method, we reserve the right to take this as consent to file your tax return with HMRC.
(j) HMRC audits a number of tax returns each year, many of these audits are the result of a random selection. Assistance in respect of such an audit beyond the answering of straightforward queries regarding entries on the tax return is additional work and will result in separate charges. We will keep you fully informed before undertaking any extra work in respect of such an audit.
(k) We will provide our professional services outlined in this letter with reasonable care and skill. However, we will not be responsible for any losses, penalties, surcharges, interest or additional tax liabilities arising from the supply by you or others of incorrect or incomplete information, or your or others’ failure to supply any appropriate information or your failure to act on our advice or respond promptly to communications from us or the tax authorities.
(l) You agree that we can approach such third parties as may be appropriate for information that we consider necessary to deal with your affairs.
(m) Please sign and return an HMRC form 64-8, which authorises HMRC to send us copies of formal notices. In practice, HMRC will treat this as authority to correspond with us, in which case they will not correspond with you except to the extent that they are formally required to do so. However, this authority does not apply to all HMRC correspondence, and even where it does, HMRC sometimes overlook it. You should therefore always send us the originals or copies of all communications you receive from HMRC.
(a) We will prepare the income tax and capital gains tax computations based on the partnership accounts from the accounting records and other information and explanations provided by you.
(b) We will prepare the firm’s annual partnership return, including the partnership statement of total income, gains, losses, tax credits and charges of the firm for each period of account ending in the return period.
(c) Once the return has been approved and signed by you and returned to us, we will submit it, with the accounts and computations, to HMRC. You authorise us to file the return electronically under HMRC Electronic Lodgement Service.
(d) We will advise all the partners who were partners of the firm during the period of their respective shares of the firm’s total income, gains, losses, tax credits and charges in order that they are able to file their personal self-assessment tax returns within the relevant time period.
(e) We will deal with HMRC regarding any amendments required should the partnership self-assessment tax return be challenged.
(f) We will advise as to claims and elections arising from the tax return and from information supplied by you and, where instructed by you, we will make such claims and elections in the form and manner required by HMRC.
(g) We will deal with all communications relating to the partnership return addressed to us by HMRC or passed to us by you. However, if HMRC choose the partnership tax return for enquiry, this work will be the subject of a separate assignment and we will seek further instructions from you. Assistance in respect of such an enquiry beyond the answering of straightforward queries regarding entries on the tax return is additional work and will result in separate charges. We will keep you fully informed before undertaking any extra work in respect of such an enquiry.
H2 VAT REGISTRATIONS AND RETURNS (if included in contract)
We cannot be held responsible for any penalties or default surcharges arising from the late submission of VAT returns, or the late registration of a business or individual for VAT. Ensuring that your business is registered for VAT when the compulsory registration threshold is met is your responsibility – we can assist you with the registration if you ask us to do so. Accbyte cannot be held liable for any VAT due on sales or any financial loss where the VAT registration threshold has been passed and the VAT registration must therefore be backdated. We will endeavour to meet the relevant deadlines for the submission of the VAT return if we receive all the company’s VAT records within 14 days of the end of the VAT return period. You have undertaken that you/your staff will ensure that:
(a) All relevant VAT records are forwarded to us within 14 days of the end of the VAT return period;
(b) Valid VAT invoices are received for all payments where VAT is being reclaimed;
(c) The VAT rating of supplies is correctly dealt with, i.e. between positive and zero rates and exempt supplies;
(d) We are notified in writing of any positive-rated own consumption;
(e) Any input VAT on non-business expenditure is clearly marked on supporting invoices;
(f) We are notified each quarter of any payments to or for the benefit of directors or staff for fuel used for private mileage, together with the business mileage for each such person, for each quarter;
(g) All supplies made by the business are shown in the records made available to us.
Payroll and year end returns
In order for us to prepare your payroll and year end returns we will require the following information from you:
(a) Personal details of all employees (i.e. name, NI number, home address, and the data required by HMRC to file payroll returns online which is known as Real Time Information (RTI)).
(b) All P45s, or equivalent, received by you.
(c) If any casual labour is taken on, you are required to operate P46, or equivalent, procedures.
Completed forms should be passed to us for processing.
(d) Notification within two weeks of any employee who is ill for four or more calendar days, including weekends, bank holidays etc. This will enable us to operate statutory sick pay for you.
(e) Notification of any employee who adopts, becomes pregnant or whose partner adopts or becomes pregnant. This will enable us to operate statutory adoption, maternity and paternity pay.
(f) Details of any money or benefits made available to employees by you or by a third party through you.
(g) Hours worked, rates of pay, bonuses, the amount of any pension deductions (Automatic Enrolment) etc.
(h) Notification of employees engaged by you or leaving your employment.
(i) Any notice of coding received by you.
In respect of the “Automatic Enrolment” of pensions you will need to seek the advice of a person who is regulated to provide pension’s advice. We will assist you in processing your payroll based on the pension deductions that you provide.
The end of period payroll returns must be received by HM Revenue & Customs on or before pay day otherwise significant penalties may be levied. There may also be interest payable if income tax and National Insurance contributions payments, due each month or quarter are late or less than indicated by the return. Only the information provided for the payroll will be reported to HMRC.
We will assist in the preparation and submission of PAYE returns as required by the authorities concerned. However, it should be understood that our appointment as your agent does not absolve the company or its directors from their statutory responsibilities. We would draw your attention to the strict rules and time limits for the submission of such returns and the substantial penalties which may arise if these are not observed. It is therefore essential that we receive full information from you promptly to enable us to ensure that the returns are made on a timely basis. Completed returns will be submitted in accordance with HMRC requirements unless you undertake to submit these yourself.
As an employer it is your responsibility to make sure that your payroll is correct before you make payments to your staff. This includes making sure you adhere to minimum / living wage legislation and ensuring that calculated pay is based on the correct number of contracted hours.
You have asked us to prepare forms P9D/P11D for your approval. To ensure these forms are correctly prepared we will require details of all benefits, perks or reimbursed expenses received by the directors/officers/employees.
There are penalties for the late submission of forms P9D/P11D. In order to avoid these, you must ensure that we receive complete and accurate details of all benefits and expenses for the tax year (NB: not accounts year) within 14 days of the end of the tax year.
We have agreed to operate the Construction Industry Scheme for the subcontractors you engage. In order for us to do this, we will require the following information from you on a timely basis:
(a) written confirmation that you have checked or ‘verified’ each new subcontractor with HM Revenue & Customs; and
(b) written confirmation stating whether HM Revenue & Customs has advised that the subcontractor should be paid net or gross.
It is your sole responsibility to establish the employment status of each and every one of your subcontractors. In respect of the employment status of subcontractors we cannot advise therefore we accept no liability in the event that HM Revenue & Customs challenges the employment status of one or more of your subcontractors.
Under the new rules, CIS registration will be lost if returns are made late or tax is paid late. HM Revenue & Customs no longer has discretion regarding whether or not to cancel registration. I/We cannot be held responsible or liable for financial loss or consequential financial loss if your CIS registration is cancelled for late submission where we have not received the necessary information on a timely basis or for any late payment occurring as a result.
If you have instructed us to do so we will prepare, in respect of each accounting period of the company, a computation for corporation tax purposes adjusted in accordance with the provisions of the Taxes Acts. We will also prepare the corporation tax return (form CT600) required under the Corporation Tax Self Assessment regulations. The corporation tax return, together with the supporting corporation tax computations, will be sent to you for approval and signature prior to submission to the Inspector of Taxes.
It should be recognised that in law a taxpayer cannot contract out of his fiscal responsibilities and that computations and return forms are prepared by us as agent for the company. You are legally responsible for making correct returns and for payment of tax on time. If we ask you for information to complete the tax return and it is not provided within the time-scale requested, so that the preparation and submission of the return are delayed, we accept no responsibility for any penalty or interest that may arise.
We will advise you of the corporation tax payments to which the company will be liable, together with the due date of payment. You must inform us immediately if the company pays or receives any interest or makes any other payment, or transfers any asset to any shareholder.
Where appropriate we will deal with any queries raised by the Inspector of Taxes and negotiate with the Revenue on any question of taxation interest or penalties which may arise.
To enable us to carry out our work you agree:
(a) to make a full disclosure to us of all sources of income, charges, allowances and capital transactions and to provide full information necessary for dealing with the company’s affairs. We will rely on the information and documents being true, correct and complete;
(b) to respond quickly and fully to our requests for information and to other communications from us;
(c) to provide us with information in sufficient time for the company’s self-assessment tax return to be completed and submitted by the due date; and
(d) to forward to us on receipt copies of all statements of account, letters and other communications received from HMRC to enable us to deal with them as may be necessary within the statutory time limits.
You agree that we can approach such third parties as may be appropriate for information that we consider necessary to deal with your affairs and undertake to authorise such third parties to communicate directly with us.
Where you have engaged us to file your Confirmation Statement with Companies House, it remains your responsibility to:
We will not be liable for any inaccuracies or late filings resulting from incomplete, inaccurate, or delayed information provided by you. Confirmation Statements will be submitted electronically using the details you confirm to us, and we will retain submission evidence in line with our document retention policy.
Where we have agreed to act as your company’s Registered Office address, the following terms apply:
We reserve the right to withdraw our Registered Office facility with immediate effect if fees are unpaid, you fail to respond to our communications, or your company is struck off, becomes insolvent, or engages in conduct that we reasonably consider may damage our reputation.
Accbyte Ltd’s Company Registration number is 15923608.
