The Tax Preparer Contract Agreement is essential for establishing a professional service relationship between tax preparation professionals and their clients in Canada. This document is typically used when engaging a tax preparer or tax preparation firm for personal or business tax return services. It outlines crucial elements including service scope, confidentiality obligations, professional standards, and compliance with Canadian federal and provincial tax regulations. The agreement is designed to protect both parties by clearly defining responsibilities, establishing fee structures, and addressing liability concerns. It incorporates requirements from the Income Tax Act, privacy legislation (PIPEDA), and relevant provincial regulations, making it suitable for both individual and business tax preparation services.
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1. Parties: Identifies the tax preparer and the client, including full legal names, business addresses, and relevant professional designations
2. Background: Establishes the context of the agreement, stating that the client seeks tax preparation services and the preparer has the qualifications to provide them
3. Definitions: Defines key terms used throughout the agreement, including 'Services', 'Tax Documents', 'Confidential Information', and other relevant terms
4. Scope of Services: Details the specific tax preparation services to be provided, including types of returns, time periods, and any additional services
5. Client Responsibilities: Outlines the client's obligations, including providing accurate information, timely submission of documents, and cooperation requirements
6. Tax Preparer Responsibilities: Specifies the tax preparer's duties, professional standards, and commitment to accuracy and compliance
7. Fees and Payment Terms: Details the fee structure, payment schedule, and any additional charges for extra services
8. Confidentiality and Privacy: Addresses handling of confidential information and compliance with privacy laws including PIPEDA
9. Term and Termination: Specifies the duration of the agreement and conditions for termination by either party
10. Limitation of Liability: Sets out the extent and limitations of the tax preparer's liability for errors or omissions
11. Representations and Warranties: States the basic promises and assurances made by both parties
12. General Provisions: Includes standard clauses like governing law, amendments, notices, and severability
1. Electronic Filing Authorization: Required when the tax preparer will file returns electronically through CRA's electronic filing system
2. Multiple Year Services: Include when the agreement covers ongoing services for multiple tax years
3. Sub-contractor Terms: Needed when the tax preparer may utilize sub-contractors or additional professionals
4. International Tax Considerations: Include for clients with international tax obligations or foreign income
5. Record Retention: Optional detailed section about document retention policies and responsibilities
6. Dispute Resolution: Optional detailed procedures for handling disputes through mediation or arbitration
7. Insurance Coverage: Details of professional liability insurance when required by client or jurisdiction
1. Schedule A - Fee Schedule: Detailed breakdown of fees for different types of tax returns and additional services
2. Schedule B - Required Documentation: Comprehensive list of documents and information the client must provide
3. Schedule C - Service Timeline: Key dates and deadlines for document submission and return preparation
4. Appendix 1 - Privacy Policy: Detailed privacy policy and data handling procedures
5. Appendix 2 - Professional Qualifications: Tax preparer's professional credentials and certifications
6. Appendix 3 - Electronic Filing Procedures: Detailed procedures and requirements for electronic filing services
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