TAX PREPARER AGREEMENT
This Independent Contractor Agreement is made effective as of signed date below (“Date”) by WRIST EFFECT CONSULTS LLC (“Preparer”) and _______________________________ ( “Client”)
In this Agreement, the party who is contracting to receive the services shall be referred to as “Client,” and the party providing the services shall be referred to as “Preparer.”
- DESCRIPTION OF SERVICES
Beginning on date signed, Preparer will provide the following services (collectively, the “Services”): tax preparation services; client file management and document retention and help in acquisition of SBA loans.
- REMUNERATION FOR SERVICES
Preparer is entitled to receive an application fee of $ 350 and 20% of the loan in case he aids in acquisition of SBA loans. $ 350 is due at the time of signing the contract and 20% is due the day the deposit is disbursed into the Client’s account. For tax preparation, the fees may vary based on the individual tax situation. Failure to pay fees to Preparer will lead to being sued in civil court.
This agreement automatically terminates on _________________. Moreover, the Agreement can be terminated if the Client changes passwords to his account while the contract is active and if the Client knowingly lies about any information required from him. Upon termination, the Preparer will not refund the application fees and once the application is submitted, it can be withdrawn for a fee of $ 175.
It is understood by the parties that Preparer is an independent contractor with respect to Client, and not an employee of Client. As such, Client will not provide employment benefits, including health insurance benefits, paid vacation leave, or any other employee benefit, for the benefit of Preparer.
Preparer is required to obtain and maintain a Preparer’s Tax Identification Number (PTIN) in accordance with the IRS’ rules and regulations in place during the period covered by this agreement. Preparer will not be allowed to prepare a return as a contractor for Client without a registered PTIN number. This agreement becomes null and void if Preparer fails to obtain or, for any reason ceases to have a valid PTIN.
Preparer is required to govern himself/herself in accordance with all relevant state and federal laws in particular those laws that address tax return preparation. Additionally, Preparer is required to comply with any and all relevant administrative rules and regulations, particularly IRS Circular 230. Any willful or malicious activity conducted by Preparer regarding the falsifying of documents or information in a tax return will be transferred to the Internal Revenue Service (IRS) and any other appropriate authorities. Additionally, by executing this agreement, Preparer acknowledges that he/she is aware of the due diligence requirements and penalties imposed by the IRS with respect to the preparation of returns containing refundable credits (the earned income tax credit, the child tax credit, and the education expense credit). Preparer additionally agrees to prepare returns that follow these IRS due diligence requirements and that failure to do so represents a breach of this agreement.
Preparer is liable for following all applicable rules and regulations in the state in which they operate and the IRS for all Services rendered under this agreement. By executing this agreement, Preparer agrees to correct any errors or omissions whether intentional or inadvertent without compensation from Client. Preparer agrees that any liability associated with the provision of Services under this agreement will be that of Preparer and not Client.
- BACKGROUND CHECKS AND FINGERPRINTING
Client and its licensor reserves the right to conduct a progressive background check on Preparer. The background check may include but is not limited to, credit history, criminal history and previous business history. Preparer is required to submit a fingerprint card, to be taken by a Client certified representative. If a certified representative is not available, Preparer must obtain a fingerprint card from their local police department.
Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part by Preparer in connection with the Services shall be the exclusive property of Wrist Effect Consultants LLC.
Preparer will not at any time or in any manner, either directly or indirectly, divulge, disclose, or communicate any information that is the property of Client whether or not such conveyance personally benefits Preparer. Preparer also will not at any time or in any manner, either directly or indirectly, divulge, disclose, or communicate any information that is the property of any client of Client. Preparer will protect all such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, Preparer will return to Client all records, notes, documentation and other items that were used, created, or controlled by Preparer during the term of this Agreement with respect to any Services provided that are required for Client to comply with any due diligence requirements imposed by the IRS.
- FILE AND RECORD MAINTENANCE
Client will maintain all client return files in accordance with rules and regulations set forth by the IRS. Preparer may access their clients’ files as needed to respond to requests from the client or the IRS. Preparer may maintain copies of their own records at a location of their choosing, but Preparer accepts all liability for any disclosures of client information that occur as a result of these files they choose to maintain. This clause does not require Client to create the files. The creation of the files is the sole responsibility of Preparer. Preparer acknowledges that he/she is aware of the various recordkeeping and due diligence requirements associated with each return that is prepared. Preparer also acknowledges that they will follow all IRS rules with respect to file and recordkeeping.
- BUSINESS EXPENSES
Any expenses associated with Preparer’s provision of Services are his/her own and will not be reimbursed by Client. This includes, but is not limited to: automobile expenses associated with providing Services for clients; any office supplies used by Preparer; costs associated with Preparer’s retaining employees, agents, or designees; etc.
Preparer agrees to indemnify and hold harmless Client from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against Client that result from the acts or omissions of Preparer, Preparer’s employees, agents, or designees, if any.
- ENTIRE AGREEMENT
This agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement, whether oral or written, that usurp the provisions contained herein.
If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
- APPLICABLE LAW
This Agreement shall be governed by the laws of the State of OHIO.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day, month and year first above written.
Client Signature: _____________________
Preparer Signature: ___________________
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