Accounting services engagement agreement – updated for 2020

Dear :

Thank you for choosing me to help you with business services and accounting. This engagement agreement is meant to clarify the details of our work. Even though it is long, it is written in plain language for easy understanding.  It is meant to be a “common sense” and logical approach to our work. 

I am asking you to do one of two things: 1) Reply with “AGREED” to begin our work together, indicating that you understand and agree to these details, or 2) Ask me to discuss, clarify or change any of the details. 

We recognize that our plan may change or that a mix of services may be provided over time that is different than what we see today.

__________

CONTENTS

A) Communications

Goal of communications

Ongoing communications

Non-secure communications

Secure communications

Clear communications

B) Work Process

Type of services available

Work to be completed

Limitations of work

Your responsibilities

Privacy and security

Password protected documents

Online document handling

Document retention

Paper document handling

Timing of work

C) Fees and Payment

Basis of fee

Lower fee through ongoing monthly or quarterly fees

Small matters fee

Benchmarking fees

Tax preparation fees

Waiver of fee agreement

Additional fees

Finance and collection charges

Cost-saving measures

Third party payments and discounts

Payment

Discount or refund for referrals

D) After End of Engagement

End of engagement

Early cancellation / end of engagement

Post-engagement work

Post filing tax questions

Local taxes

Re-opening and amending a tax return

In the event of audit

Penalties

E) Miscellaneous Provisions

Other advice

Pro bono services agreement

Legal advice

Special circumstances

Jurisdiction

Electronic signature format

__________

“I” and “me” used throughout this agreement refers to Tony Novak, my supervised staff, service providers and contractors. “You” refers to you and your spouse, if applicable, and any dependent on the tax return or other person who provides tax information. “Writing” includes text messages and email communications.

A) COMMUNICATIONS

GOAL OF COMMUNICATIONS: My goal is to minimize the time, stress and cost of the experience while providing the specific information and service that you need on a timely basis. Clear communication, including this engagement agreement, plays an important part in this process. I truly value the trusting relationship implied and will do everything I can to prove that you were wise in making this choice.

ONGOING COMMUNICATIONS: I will provide informal updates on a more or less weekly basis throughout the engagement. If you do not receive these communications then it is your responsibility to ask about the status of the engagement. I will use your email address , your phone number for calls and text messages for these non-secure communications.

NON-SECURE COMMUNICATIONS: Non-secure communications about this service can be made through any of the following: Email: tony@tonynovak.com, Cell/text: 856-237-9199, Office phone/text: 856-265-0306, Postal Mail: P.O. Box 333, Newport NJ 08345, Web: TonyNovak.com, Skype: novak.tony, or Facebook messenger account: Onlineadviser.

SECURE COMMUNICATIONS: Secure communications are safely and easily sent through a document portal. I will send you an email invitation to use this service. The secure document portal that you create is private, password protected and under your control. Alternately please use https://onlineadviser.securefilepro.com/ to use the guest portal without your own account. I use a secure voice and text message service; you can also use these by discussing this with me.

CLEAR COMMUNICATIONS: We agree that clarity of communication is a primary goal in this engagement and that if any part of this engagement agreement is unclear or in conflict then we will discuss this as soon as possible before continuing to rely on unclear, conflicted or possibly misunderstood communications.

B) WORK PROCESS

TYPE OF SERVICES AVAILABLE: This agreement encompass one or more of the four areas of small business financial management:

1. TRANSACTIONAL SERVICES including bookkeeping, payroll, and bill payment
2. COMPLIANCE SERVICES including tax preparation, audits, reviews, and financial reporting
3. OUTSOURCED CFO SERVICES including financing, contracting, purchasing, performance-based service, data analytics, benchmarking, business advisory, and lean processes
4. STRATEGIC SERVICES including clarifying the business plan, financial forecasts, acquisitions, sales, mergers and succession planning

WORK TO BE COMPLETED: I will complete the following work as part of this engagement:

1.[EXAMPLE: Prepare your monthly accounting reports in accordance with your specifications plus quarterly and annual federal and state tax returns for the current tax year. This work is based on data that you provide or on estimates where actual documentation is not available.]

2. [EXAMPLE: Additional services or tax return preparation, bookkeeping or accounting procedures not listed here will be performed unless specifically included below or in a separate written agreement.]

3. [EXAMPLE: Electronically file the tax returns and provide you with evidence of acceptance of the electronic filing, unless paper filing or other arrangements are agreed.]

4. [EXAMPLE: Provide an electronic copy of all relevant filings via secure private online document portal. A paper copy is available on request at a standard fee.]

5. [EXAMPLE: Communicate with you directly in person, by telephone and email during the engagement.]

6.[EXAMPLE: Occasionally communicate with you to reach agreement about modification of this work plan.]

7.[EXAMPLE: Retain and securely store copies of records used in the preparation of your income tax return and copes of your income tax return for at least as long as the period required by law.]

LIMITATIONS OF WORK: My work in connection with this engagement does not include any procedures or work not listed above. If you have obligations for other periods of time, in other countries, in other states or tax returns for local governments that are not listed above then we agree that I am not engaged to work on those filings or prepare those tax returns. I will perform accounting services only as needed to prepare your tax returns. My work is not designed to discover defalcations or other irregularities, should any exist. If I suspect defalcations or other irregularities, my responsibility is to notify you but I am not responsible for investigating or addressing these issues. I will use my judgment in resolving questions where the law is unclear, or where there may be conflicts in the work process or differences between the applicable authorities’ interpretations of the law and other supportable positions. Unless otherwise instructed by you, I will resolve such questions in your favor whenever possible.

YOUR RESPONSIBILITIES: You are responsible for providing required documents and other information that may be requested. We will depend on you to provide the information needed to prepare complete and accurate returns. I may ask you to clarify some items but will not audit or otherwise verify the data you submit. Review all documents carefully before signing them. I require a copy of your personal identification each year to meet the government’s new identity theft prevention requirements. Also, if you plan to pay or receive a funds by electronic transaction, then I need your bank account number and routing number.

PRIVACY AND SECURITY: I follow a privacy and security policy that meets or exceeds industry standards. The policy is available online at https://www.tonynovak.com/privacy-and-security/ and is not produced here. This policy also explains how I share and control private information when working with a team of service providers. In this case, each many have its own privacy and security policies. If you want an electronic or paper copy of the privacy and security policy, please let me know. You are not required to adhere to any specified privacy and security standard. You may take the lead in modifying the standard and I may follow your lead. For example, if you ask a question in a public area and I answer, then that changes the level of privacy. You may submit documents via text message and I may respond to the same text message number with personal tax information.

PASSWORD PROTECTED DOCUMENTS: Documents that I send may be protected by a password. If applicable, the password will be sent separately. Normally I do not password protect documents stored within a secure environment unless you request me to do so.

ONLINE DOCUMENT HANDLING: I will provide a private secure online portal as the safest and most reliable way to deliver electronic documents. The preferred and most common electronic document format is PDF. Other communication methods are accepted (including fax, mail, email, text, etc.) however, you assume the additional security risk if you elect to use those less secure methods.

DOCUMENT RETENTION: I will retain and securely store electronic copies of your records that I use for my work and our own work papers used for your engagement for seven years. Copies of these or paper printouts of these documents are available at an additional fee. There is no extra charge for an electronic copy of a single document, for example, a copy of last year’s W2 or tax return. I do not keep paper copies of any documents. I do not keep electronic copies of any documents that you may provide that are not used in my work.

PAPER DOCUMENT HANDLING: If we accept any original paper records from you, they will be returned to you as soon as possible. You should store your original paper records, along with all supporting documents, canceled checks, etc., as these items may later be needed to prove accuracy and completeness of a tax return. I recommend that you scan and save electronic copies of all original paper documents as part of an ongoing functional accounting system and I offer help with setup of this service or “catch up” on this on request. I recommend that you install and use document scanning and storage systems that are available for smartphones. Otherwise, I do not keep copies of original paper documents. If you require paper copies of documents then you authorize my use of a third party document printer, like a print shop, and accept the security risks that may be associated with paper documents. There is a charge for handing, copying, scanning, and mailing paper copies of documents. If you have not selected to e-file your returns with our office, you will be solely responsible to mail the tax returns with the appropriate taxing authorities unless we make other written recommendations.

TIMING OF WORK: Timing of this engagement is critical. Unless otherwise stated as described under the “Special Circumstances” section below, completion of this work is expected on or before the filing due date. The work under this engagement starts when the agreement is signed and delivered and payment of the online invoice is received. The timing of completion of work is largely dependent on the date of delivery of requested information. I will communicate in writing of the expected completion of work date, review date and the filing date. I will also communicate any change in the expected dates in writing within 48 hours of any such change. In the event that work is not complete when a filing deadline approaches and other specific communications have not been made with regard to timing and the filing deadline, I have the right but not an obligation to file for a an extension of the filing deadline.

C) FEES AND PAYMENT

BASIS OF FEE: The fee is communicated separately in an electronic quotation or invoice from me that becomes part of this agreement by reference. In the event that the timing of the work plan is changed, the fee may be raised by agreement to include a surcharge during rush periods that typically occur before tax filing deadlines.

LOWER FEE THROUGH RECURRING MONTHLY OR QUARTERLY FEE: A stable recurring monthly fee option, effected as an automated banking transaction, is designed to result in the lowest overall fee. This option is available at your request after completion of our first engagement.

SMALL MATTERS FEE: A “small matter” is defined as single occurance work expected to take less than one work day and cost less than a total of $1,200 for the accounting and all other third party services combined. Small matters are typically handled on a faster and more casual scheduling arrangement where an estimate of cost may not prepared in advance for your acceptance. If the fee for a small matter is not communicated in a separate quotation or invoice or agreement between us, then the fee is $25 for a five minute increment of time required by me and $15 for a 10 minute increment of time by a bookkeeper or another person under my supervision. If a small matter fee is used for services in addition to a quoted fee, then the small matter fee will not exceed 25% of the quoted fee except by agreement. The minimum fee for a “stand alone” small matter not combined with other services will be the amount for an hour of time.

BENCHMARKING FEES: From time to time I benchmark my fees against other similar providers for the purpose of being knowledgeable and competent in discussing relevant competitive services. My intent, but not my requirement, is to be priced competitively compared to other similar providers. This benchmarked competitive pricing information is not part of our engagement agreement but is available for discussion on request. This information can be useful to your budgeting and long term financial planning. 

TAX PREPARATION FEES: The fee for tax preparation and filing services is matched to prevailing industry prices. A sample fee schedule is published online at https://tonynovak.com/, updated periodically, and also available on request. An estimate of your tax preparation fee may be obtained by adding together the amounts on the fee schedule that apply to your tax return. The base fee is typically customized to incorporate the specific details and timing of our work plan.

WAIVER OF FEE AGREEMENT: This section applies only when this engagement agreement specifies that the fee is waived. In this case the “Fees and Payment” section is modified but all other provisions of the engagement agreement remain in place. “Waiver of Fee” means that the fee for service will be waived ($0), except for the following fees: Filing fees, typically $20; Document delivery fees, typically $10; “Other fees” as described in the engagement agreement still apply. This fee waiver has limited scope and duration as specified in the engagement agreement. In other words, it is not an offer to provide all services without charge forever.

ADDITIONAL FEES: Unless we have reached another fee arrangement in writing, an additional fee of $15 applies if payment is made in cash, manual check, or if payment is not made prior to the end of the engagement. Additional fees apply to paper handling as described below. If a fee remains unpaid 15 days after the end of engagement an additional fee applies and the account is then managed by a separate account receivables contractor. There will be an additional fee of $30 per ten minutes spent if total number or time spent in communications of all types (in-person, email, telephone, and text messages) between us on the work on this engagement is significantly more than normal for this type of work. A tax filing extension filing fee of $15 applies if we are unable to meet the tax filing deadline due to late arriving information.

FINANCE AND COLLECTION CHARGES: A finance charge of one and one half percent (1½) per month, which is an annual percentage rate of eighteen (18) percent, is charged on past due balances. In addition to the above, if outside services, agents or legal counsel are assigned to collect any past due balance(s), the customer agrees to pay our collection fees which are 50% of the outstanding balance plus any other expenses incurred as a result of the collection process including court costs, cost of service etc.

COST-SAVING MEASURES: The lowest fee quoted in the Fee Schedule or Original Invoice presumes the use of cost-saving measures including the use of a tax organizer document or online accounting software, online document storage and transfer, avoidance of paper documents, electronic invoice and payment, without additional accounting services or out-of-pocket expenses. You are not required to use these cost-saving tools, however, but I want you to know how these technologies affect the price of tax services. If cost-saving measures are not used, my fee will reflect the higher costs.

For example, the original invoiced amount assumes payment through online electronic funds transfer (an electronic check or bank debit transaction). If you want to use a credit card payment instead of a debit card, then an additional fee not to exceed 4% will be added to a revised invoice that accepts credit card payments.

THIRD PARTY PAYMENTS AND DISCOUNTS: I try to negotiate discounts on products and services that I purchase and offer to sell to you and, whenever possible, I try to receive a commission or referral fee for products and services that I recommend to you. Any discount or payment that I receive is considered in the overall price of future services that I offer to you as an additional cost saving measure. I will tell you the specific details of the discount I receive or fee that I am paid by a third party, however, I often do not know this in advance of a transaction so this is disclosed and incorporated into the next practical engagement agreement.

PAYMENT: Payment is due when I send the invoice; typically at the beginning of the engagement and before filing of any returns. The invoice is usually sent by email that can be quickly and securely paid online by following the instructions on the invoice. Payment may be made through the secure 3rd party payment processing system linked to the invoice. Most clients use the “click and pay” feature from the electronic invoice. You may elect to initiate payment through another payment processor of your choice like PayPal or Venmo. Payment may be made from any bank account (using your bank routing number and account number), bank card or credit card for the payment.

DISCOUNT OR REFUND FOR REFERRALS: I pay for referrals though discounted, waived or refunded fees. The tax preparer’s fee under this agreement will be fully discounted (or refunded if already paid) to you upon completion of four comparable new client referrals to us. Other fees that are not for tax preparation services are not included. A referral form is included with the delivery of tax return documents.

D) AFTER END OF ENGAGEMENT

END OF ENGAGEMENT: Our engagement ends with the delivery of the completed documents to you for paper filings or our confirmation of filing of your tax return for e-filed tax returns.

EARLY CANCELLATION / END OF ENGAGEMENT: In the event that either of us encounters unexpected difficulties in completing the tasks anticipated under this agreement, we may opt to end this engagement before the time described above in the “End of Engagement” section by giving written notice. There may or may not be a reason stated for the early termination and we may recognize that a termination without stated reason is in our collective best interests to avoid further conflict. In some cases I may be obligated to disengage before the otherwise planned end of the engagement. In the event of early termination, the fee for the engagement will be reduced to half of the amount described in the “Fee” section above. All work will stop at the point of notice and provisions included in the “Work to be Completed” section above will no longer apply. Both of us acknowledge that these simple provisions in this “Early Cancellation / End of Engagement” section are intended to be used as a previously agreed compromise agreement to resolve a potentially stressful situation in the event of unforeseen circumstances.

POST-ENGAGEMENT WORK: After the end of this engagement, I expect to open a conversation on other issues to be handled in other additional agreements as long as payment and other conditions of the earlier engagement agreement were met. In general, continued service is based on our success in reaching a new agreement on multiple or additional services.

POST FILING TAX QUESTIONS: Sometimes questions arise after the end of this engagement because of a communication from a tax authority or some other reason. In this case, I may be available upon request to provide additional service. Letters from IRS, state and local tax authorities are common and do not always require the re-engagement of a tax professional. I may require a new engagement agreement and fee to address some types of questions.

LOCAL TAXES: Unless otherwise agreed, an engagement agreement for tax return preparation includes the calculation and preparation of a local tax return, if applicable, but does not include the filing of a local tax return. In most cases it is easier and more efficient for you to do this yourself. Most clients prefer this method. I am available to offer additional representation services on local tax issues, however, work on a local tax issue after the completion and delivery of the tax return as described here is considered to be work after the end of the engagement.

RE-OPENING AND AMENDING THE TAX RETURN: In some cases it becomes necessary or advisable to respond to a notice or to amend the tax return. In this case, I may be available upon request to provide additional service. The terms of this service and the cost of this service are not covered in this engagement agreement. Please be aware that the cost of amending a tax return can be substantial; sometimes exceeding the cost of the original tax return preparation.

IN THE EVENT OF AUDIT: Your returns may be selected for review by the taxing authorities. Any proposed adjustments by the examining agent are subject to certain rights of appeal. The procedures and fees for representing you in an audit are not included in this agreement and no assurance is provided in this agreement that I will be available for representation in an audit.

PENALTIES: The law imposes penalties when taxpayers underestimate their tax liability. Please call me if you have concerns about such penalties. Should we encounter instances of unclear fact or tax law, or of potential conflicts in the interpretation of the law, we will outline the reasonable courses of action and the risks and consequences of each. We will ultimately adopt the alternative you select. I do not assume the cost or risk of tax penalties that may be imposed.

E) MISCELLANEOUS PROVISIONS

OTHER ADVICE: During the work of this engagement I am likely to find other financial matters and accounting topics that we should discuss. In some cases I have a legal or professional requirement to bring these to your attention and so I will do that as required. The outcome of these possible additional discussions and any resulting work stemming from those discussions is not covered in this engagement agreement.

PRO BONO SERVICES AGREEMENT: This section only applies if the engagement agreement offers to provide pro bono services. In this case we agree that this Pro Bono Service Agreement does not alter any provision of the Engagement Agreement except that the “Invoice” refers to the “Waiver of Fee Agreement” where I agree to provide the specified services under the terms and conditions specified and will not charge a fee. In this case, you agree to abide by all of the terms of the Engagement Agreement and, additionally, agree to:

1) Provide written reviews of our business on these sites on or before the end of the engagement on appropriate web pages for ProAdvisor, Google, and/or Facebook.

2) Discuss our services as appropriate with your associates, friends and family, including on social media.

3) If requested, you agree to be named as a reference for another potential client for a period of one year following the end of the engagement.

LEGAL ADVICE: Advice regarding business strategies may involve an application of general principles of business law but my services do not extend to the actual practice of law. I am not a lawyer. I am not offering legal advice. You should consult with your own lawyer for legal advice. I can generally provide the following services as part of an engagement that are not considered the practice of law:

1) Reading your legal documents.

2) Sharing sample legal documents and discussing how these samples might be useful.

3) Sharing redacted examples of other business’ legal documents and discussing their use.

4) Selling legal forms.

5) Filling in the blanks on a legal form.

6) Apply a general knowledge about the law to a problem arising in my field.

7) Employee benefits practice.

8) Preparation of business formation documents.

9) Tax returns.

10) Preparation of documents where I expect to be a principal in the transaction.

SPECIAL CIRCUMSTANCES: Unique circumstances affecting this engagement may be discovered after the signing of this agreement. These may be listed below or confirmed separately in writing between us and are incorporated by reference into the overall agreement.

These special circumstances are known at the time of drafting of this agreement and included in this agreement:

[EXAMPLE: none included here].

JURISDICTION: We agree that this engagement agreement is a business contract entered in New Jersey. 

ELECTRONIC SIGNATURE FORMAT: To affirm that this letter correctly summarizes your understanding of the arrangements for this work, please sign and return a copy of this letter. We agree that an email response from you acknowledging by typing “AGREED” or another form of electronic signature has the same impact as a manual signature.