TERMS OF ENGAGEMENT

TRANSMOVY LTD

1. Definitions

“Claim” refers to the entire process in which you instruct us to retrieve overpaid tax from HMRC.

“Claim Form” refers to the signed instruction you have provided us, authorising us to act on your behalf in recovering any overpaid tax from HMRC.

“HMRC” refers to HM Revenue & Customs, the UK’s tax, payments and customs authority.

“VAT” refers to value-added tax (20%).

“We”, “us” and “our” refers to Transmovy Ltd, a legal entity with a company number 12324712, having its registered address at: The Bedale Suite The Hub, White Rose Park, Leeds, England, LS11 0DL.

“Website” refers to our website https://transmovy.co.uk/.

“You”, “your” and “Client” refers to you or your nominated representative using our services on your behalf.

2. Subject-matter of the agreement

2.1. By making a Claim with us, or by using any of our services, you are agreeing to the following Terms of Engagement (the “Terms”). If there are any aspects of the Terms that you find unclear, please reach out to us before moving forward.

2.2. In accordance with the recommendations of our professional body, the Association of Accounting Technicians, these Terms confirm the basis on which we provide services to you so as to avoid any misunderstandings of our respective responsibilities.

2.3. We will accept instructions to act for you on the basis that we will act in accordance with this agreement.

3. Nature of services: Income Tax overpaid return P85

3.1. The P85 is used to inform HMRC that you are moving away from the UK, and to determine your residence status for tax reasons.

3.2. On the form itself, you are asked a set of questions about your income and tax affairs. It is important to fill this in correctly as not doing so could mean any potential refund is delayed, which we are sure you want to avoid. Regardless of whether you are due one (more on that in a moment), it is wise to fill it in because it keeps HMRC’s records up to date.

3.3. Self-assessment tax returns cannot be completed online once you leave the UK. Instead, you must send it by post, use special software or get help from a professional, such as an accountant. You will need to authorise an accountant or tax adviser to deal with HMRC for you.

4. Your responsibility for the preparation of accounts

4.1. You are responsible for ensuring that, to the best of your knowledge and belief, financial information, whether used by you, is reliable. You are also responsible for ensuring that the activities of your employment are conducted honestly and that its assets are safeguarded, and for establishing arrangements designed to deter fraudulent or other dishonest conduct and to detect any that occur.

4.2. You are responsible for ensuring that the company you work for complies with the laws and regulations applicable to its activities, and for establishing arrangements designed to prevent any non-compliance with laws and regulations and to detect any that occur.

4.3. You are required to provide all necessary permissions, consents, or other requirements, and grant us access to all pertinent information and any other elements essential to delivering our services to you.

5. Our responsibilities for the preparation and submitting of tax return form

5.1. We will compile your P85 form for tax refund based on the accounting records of Transmovy Ltd and the information and explanations given to us by you. We shall prepare a draft for your approval.

5.2. If additional information or clarification is necessary for any aspect of your Claim, we will always try to reach out to you.

5.3. We will advise you as to the adequacy of your records for preparation of the annual accounts and make recommendations for improvements which we consider necessary. We shall not be responsible if, as a result of you not taking our advice, you incur losses or penalties.

5.4. We will use reasonable skill and care in the preparation of your P85 form but will not be responsible for any errors arising from incorrect information supplied by you.

5.5. We will report, with any variations that we consider may be necessary, that in accordance with your instructions and in order to assist you to fulfil your responsibilities, we have compiled, without carrying out an audit, the accounts from your accounting records and from the information and explanations supplied to us.

5.6. We have a professional duty to compile accounts which conform to generally accepted accounting principles. Where we identify that the accounts do not conform to accepted accounting principles, or if the accounting policies adopted are not immediately apparent, this will be made clear in our report, if it is not clear in the accounts.

5.7. We aim to submit your Claim to HMRC for processing within 14 days of receiving your signed Claim Form; however, we do not provide a guarantee. In busier periods, the submission of your Claim to HMRC may extend beyond the initial 14 days.

5.8. Processing Claims typically takes an average of 6-8 weeks once submitted to HMRC. This timeframe serves as a general guideline and does not assure that your Claim will be processed within the 8-week period.

5.9. HMRC may seek additional information from you to facilitate the processing of your Claim. Whenever feasible, we will assist you in this process; however, the ultimate responsibility to provide HMRC with any requested information lies with you. We will not be accountable for any delays in your Claim resulting from your failure to fulfill this responsibility.

6. Privacy

When using our services, you may be requested to provide your personal data. To learn more about how we process your personal data, please refer to our Privacy Notice. By concluding these Terms, you confirm that you have read and understood our data processing practices.

7. Anti-money laundering

7.1. All accountants must comply with anti-money laundering, counter-terrorist and counter proliferation financing legislation applicable to the accountancy sector, among which: the Proceeds of Crime Act 2002 (as amended), the Terrorism Act 2000 (as amended), Anti-Terrorism, Crime and Security Act 2001, the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (as amended) and the Sanctions and Anti-Money Laundering Act 2018 (the “AML Legislation”), which are intended to inhibit the activities of terrorists and other criminals by denying them access to technical expertise.

7.2. Before we accept your instructions, we may need to obtain ‘satisfactory evidence’ to confirm your identity before we can provide the relevant services to which the AML Legislation applies. In certain circumstances, we may need to obtain evidence confirming the identities of third parties, the source of any funds or other property, the purpose of any instructions or any other matter. We may also need to obtain such evidence after we have begun to act on your instructions.

7.3. When you initiate a Claim with us, you consent to the use of a third-party agency’s services to verify your identity.

7.4. If we cannot verify your identity, we may request additional documentation from you (e.g. passport). We retain the right to withhold any payment owed to you until your identity has been confirmed.

7.5. We assume that our clients are honest and law-abiding. However, if at any time, there appear to be grounds to suspect (even if we do not actually suspect) that your instructions relate to ‘criminal property’, we are obliged to make a report to the National Crime Agency (the “NCA”), but we are prohibited from telling you that we have done so.

7.6. In such circumstances, we must not act on your instructions without consent from the NCA. If the NCA does not refuse consent within 7 working days, we may continue to act. If the NCA issues a refusal within that time, we must not act for a further 31 days from the date of the refusal.

7.7. “Criminal property” is property in any legal form, whether money, real property, rights or any benefit derived from criminal activity. It does not matter who carried out the criminal activity or how removed the property is from the original crime. Even if you are honest in your dealings, if your property represents a benefit from someone else’s crime, we must still make a report.

7.8. Activity is considered ‘criminal’ if it is a crime under UK law, no matter how trivial, for example, tax evasion is a criminal offence but an honest mistake is not. We will assume that all discrepancies are mistakes unless there is contrary evidence.

8. Fees

8.1. We charge a fee where we successfully obtain a refund for you, or where you otherwise obtain a refund with our assistance using our services.

8.2. We will receive a refund from HMRC on your behalf upon agreement and deduct charges in accordance with our fee before disbursing payment to you.

8.3. Our standard fee is 10% of the refund amount and VAT on the fee (20%).

8.4. Our minimum fee is £50, which means that where your refund from HMRC is less than £500, we will charge £50 for our services and VAT on the fee (20%).

8.5. In all cases, we also charge a transaction fee (2-3%, depending on your bank) and VAT on the transaction fee (20%).

8.6. Our fee rates are fixed, but under exceptional circumstances (e.g. repeated correspondence with HMRC to provide additional information about the client’s case) and due to the amount of our time spent on your affairs, which is above average, we may charge you an extra fee of 5%. We will make sure to notify you of it as soon as we discover that we may need more time and effort, and before we proceed with your case.

8.7. Unless otherwise agreed, our fees will be charged separately for each main class of work and will be billed at appropriate intervals during the course of the year.

8.8. In case HMRC issues a refund directly to you but the refund was obtained with our assistance using our services (as specified in Clause 8.1), we will charge you in accordance with this Clause 8 and issue you an invoice. Unless specifically agreed, payment of our invoices is due within 7 days from the date of the invoice.

9. Refunds

9.1. Your refund will be issued by us via bank transfer to your bank account after we have received cleared funds from HMRC. Usually, the refund will be credited to the bank account within 10-14 business days after we receive cleared funds from HMRC. 

9.2. If bank details you provided to receive the refund belong to another person, we will ask you to provide additional information for security purposes.

10. Cancellation of Claim

10.1. We retain the right to terminate your Claim at any phase without the obligation to provide a reason.

10.2. You have the option to cancel your Claim for refund at any time before the refund is made, including after we have received your signed Claim Form. Kindly inform us, and we will proceed to cancel your Claim.

10.3. HMRC has the discretion not to make payments to us as your nominee.

11. Client monies

11.1. We may, from time to time, 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.

11.2. If there are grounds to suspect (even if we do not actually suspect) that any monies held in a client account is derived directly or indirectly from any criminal activity whatsoever, we may not release such monies until we receive permission to do so from the NCA.

12. Ownership of records

In the event of non-payment of our fees for services rendered, we may exercise a particular right of lien over the books and records in our possession and withhold the documents until such time as payment of our invoice is received in full.

13. File destruction

Whilst certain documents may legally belong to you, unless you tell us not to, we intend to destroy correspondence and other papers that we store which are more than seven years old, except for documents which we think may be of continuing significance. If you require the retention of any document, you must notify us of that fact in writing.

14. Customer service

We are committed to providing a high standard of customer service. If you have any ideas as to how our service to you could be improved, or if you are dissatisfied with the service you are receiving, please let us know. In the event that you have a complaint, we will look into this carefully and promptly and do all we can to explain the position to you or address your concerns. If you are still not satisfied, you may make a complaint to the HMRC.

15. Third parties

15.1. All accounts, statements and reports prepared by us are for your exclusive use within your business or to meet specific statutory responsibilities. They should not be shown to any other party without our prior consent.

15.2. No third party shall acquire any rights pursuant to our agreement to provide professional services.

16. Liability and indemnity

16.1. Our liability in accordance with these Terms, and in the case of statutory duty, tort, misrepresentation, or any other legal grounds, is restricted to the total amount of fees payable by you under the Terms.

16.2. We shall not be held liable, under any circumstances, for any penalties incurred by you in connection with a tax return if there is no existing agreement for us to file the tax return on your behalf.

17. Disclaimer

17.1. We will not be liable for any loss suffered by you or any third party as a result of our compliance with the AML Legislation or any UK law or at all. Moreover, we comply with the UK sanctions regime and any other sanctions as appropriate and, thus, we shall not provide our services to sanctioned parties, including, without limitation, residents or citizens of Russia or Belarus.

17.2. We disclaim responsibility for the tax refund or the denial of a Claim in the following circumstances, without limitation:

1. a) you have supplied information that is false, incorrect, inaccurate, insufficient, or misleading in any manner;
2. b) you have previously applied for and/or received a tax refund before initiating a Claim with us;
3. c) you have outstanding debts to HMRC;
4. d) if HMRC possesses information that differs from what you have provided.

17.3. If HMRC concludes that a tax refund has been erroneously issued and requests its return, we are not obligated to refund our fee in such cases. However, we will endeavor to refund our fee whenever feasible.

17.4. Upon initiating a Claim with us, we will furnish you with an estimate of the anticipated amount we believe can be recovered on your behalf. It is important to note that this estimate is not to be construed as a guarantee of the specific amount we can recover for you in any way.

17.5. We shall not be held responsible for any situations in which the actual refund is less than the estimated amount or if your Claim does not lead to a refund at all.

18. Agreement of the Terms and their cancellation

18.1. Once agreed, these Terms will remain effective from the date of signature until they are replaced.

18.2. Either party may change or terminate our authority to act on your behalf at any time during the term of these Terms without penalty. Notice of termination must be given in writing to the other party.

19. Severance

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that specific provision will be considered severed from the rest of the Terms. The remaining portions of the Terms will remain valid and enforceable.

20. Law and jurisdiction

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising under these Terms are subject to the exclusive jurisdiction of the English courts.

21. Professional Membership 

21.1. We are members of the Institute of Accountants and Bookkeepers (IAB).

21.2. As members of the IAB, we adhere to the professional and ethical standards set by the Institute.

22. Complaints Escalation

22.1. If you are dissatisfied with the service you are receiving and our internal complaints procedure does not resolve your issue, you can escalate your complaint to the IAB.

22.2 Please find more details the at  https://www.iab.org.uk/complaints/

23. Continuity of Practice

23.1. In the event that we are unable to continue providing our services due to unforeseen circumstances, such as serious illness or incapacity, we have arrangements in place to ensure the continuity of your services.

23.2. We will notify you as soon as practicable and provide details of an alternate qualified professional or firm who will take over our responsibilities.

23.3. This alternate professional or firm will be briefed on your case to ensure a seamless transition and minimal disruption to the services provided to you.