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LEGAL · LAST UPDATED 07 MAY 2026
Engagement letter.
Before we do any work for you, we issue an engagement letter that combines these standard terms with a per-client schedule covering scope, fee, timing and any special conditions. Together they form the contract between you and Tax Tracker. The version on this page is the standard wording — your specific schedule is provided when we send the letter.
SECTION 1
Purpose
This letter sets out the basis on which Tax Tracker Pty Ltd, as registered tax agent (TAN 26321143), will act for you. By signing the engagement letter you accept these standard terms together with the per-client schedule attached to it.
The individual responsible for your engagement. Tax Tracker is a sole-practitioner firm. The registered tax agent personally responsible for your work, every year, is Zaki Choudhry — TPB-registered tax agent (TAN 26298664), member of the Institute of Public Accountants. Zaki personally prepares, reviews and signs every return, BAS and financial statement we lodge for you. Where work is delegated to a bookkeeper or junior, Zaki retains technical and ethical responsibility and reviews the work before any document is sent to you or to the ATO.
For an overview of your rights and our obligations as your tax agent, the Tax Practitioners Board publishes an Information for Clients factsheet at https://www.tpb.gov.au/sites/default/files/2025-03/Information%20for%20clients%20factsheet%202025_0.pdf — we encourage you to read it.
You can verify our registration on the TPB public register at https://www.tpb.gov.au/public-register (search by registration number 26321143).
SECTION 2
Scope of services
We will provide the services listed in your schedule. That typically falls into one or more of:
· Preparation and lodgement of income tax returns (individual, sole trader, company, partnership, trust)
· Preparation and lodgement of BAS, IAS and PAYG instalments
· Preparation of annual financial statements
· SMSF establishment and administration (accounting, tax and lodgement)
· Bookkeeping and payroll processing
· Tax planning, strategy and structuring advice
What we do not provide:
· Audit of self-managed super funds — APES 110 §R600 and SISA s 128B require the SMSF auditor to be independent and they cannot have prepared the fund's accounts. Where you engage us for SMSF administration we will introduce you to an independent ASIC-registered approved SMSF auditor; the audit engagement is between you and that auditor and the audit fee is billed by the auditor, not by us.
· Industrial-relations, workplace-relations or Fair Work advice — payroll and STP work is mechanical, not advisory. The interpretation of awards, enterprise agreements, modern-award classifications, allowances, redundancy entitlements, parental leave, dismissal grounds and similar matters is specialist legal work outside our registered scope. Accountants who have given Fair Work advice without proper authority have been held jointly liable in cases including FWO v EZY Accounting 123 Pty Ltd (2019). For workplace-relations questions we will refer you to a specialist or to Fair Work Ombudsman (fairwork.gov.au).
· Capacity-to-repay or solvency letters for consumer credit — under the National Consumer Credit Protection Act 2009 these letters can only be issued by a person with an Australian Credit Licence. Tax Tracker does not hold an ACL, so we cannot prepare such letters. We can provide a factual confirmation of income, business cash flow or balance-sheet position from records we have prepared, but we cannot opine on whether you can afford a particular loan.
· Financial-product or investment advice — we do not hold an Australian Financial Services Licence (AFSL). We can administer your SMSF and prepare its tax and accounting work; we cannot recommend specific investments inside it.
· Migration or visa-related certifications — outside our registered scope.
Anything outside the scope listed in your schedule, or in the list above, requires a separate quote and your sign-off before we proceed. We will tell you in writing the moment we identify additional work.
SECTION 3
Term
Unless otherwise stated in the schedule, this engagement begins when you sign and return the letter and continues until either party terminates it in writing under the 'Termination' section below. For services with a defined end (a single year's tax return) the engagement ends when that work is delivered and the invoice is paid.
SECTION 4
Our obligations
We will:
· Exercise reasonable care, skill and diligence in everything we do for you
· Comply with the Tax Agent Services Act 2009, the TPB Code of Professional Conduct, and the standards of the Institute of Public Accountants (APES 110 Code of Ethics)
· Maintain professional indemnity insurance throughout the engagement
· Meet ATO lodgement deadlines, provided you give us complete information by the dates we agree
· Keep your information confidential as set out in our privacy policy
· Tell you about any conflict of interest as soon as we become aware of it
· Inform you of any matter that could significantly affect your decision to engage us, or your rights or obligations as a taxpayer (per s 15 of the Tax Agent Services (Code of Professional Conduct) Determination 2024, made under s 30-12 of the Tax Agent Services Act 2009)
SECTION 5
Your obligations
You agree to:
· Provide accurate, complete and current information by the dates we agree
· Retain your own copies of all source documents — we keep working files for the periods required by law (see 'Records, document ownership and lien' below), but the master copy of your business records remains your responsibility
· Sign declarations and authorisations promptly when we send them — late signatures cause late lodgements
· Tell us about anything material that changes during the engagement (residency, marriage, business sale, structure change, anything you'd mention to a friend who happens to be your accountant)
· Pay invoices by their due date
These aren't formalities. The Australian self-assessment system relies on you being the source of truth for your own affairs — we sign returns based on what you give us.
SECTION 6
Safe harbour
Section 284-75 of Schedule 1 to the Taxation Administration Act 1953 provides a 'safe harbour' that can protect you from penalties where a return is lodged late or contains a false or misleading statement, provided that:
· You gave us all of the information necessary to lodge the return on time and accurately, and
· You gave it to us by the date we asked for it (or within a reasonable time before the lodgement deadline if no specific date was set).
If both conditions are met and the issue resulted from our negligence or carelessness, the safe harbour can shield you from administrative penalties — but it cannot protect you if you withheld information, gave us inaccurate information, or supplied information so late that on-time lodgement was no longer possible. Keep copies of what you give us and when. We will tell you in writing if we receive information too late for safe harbour to apply.
SECTION 7
Identity verification
Before we lodge anything for you, we are required to verify your identity. This obligation comes from the Tax Agent Services Act 2009 and the TPB's Proof of Identity practice note (TPB(PN) 5/2022) for tax-agent clients.
For an individual we sight either:
· One Australian primary photographic identity document (driver licence, passport, Proof-of-Age card or similar government-issued photo ID); or
· One Australian primary non-photographic identity document (birth certificate, citizenship certificate, Medicare card) plus one secondary document showing your name and current residential address (utility bill, ATO notice, bank statement, council rates notice).
For a non-individual (company, trust, partnership, SMSF) we additionally sight a corporate-existence document (ASIC current company extract, trust deed, partnership agreement) and verify the authority of the individual representing the entity.
Where the law requires it (for example, AML/CTF customer due diligence on certain trust or company structuring work), we may also match the information you provide against publicly available sources such as the Australian Business Register or the Document Verification Service.
We keep a record that the verification took place and what documents were sighted, but consistent with TPB(PN) 5/2022 we do not retain copies of the documents themselves once the verification is complete. You can ask to see the verification record we hold on you at any time.
SECTION 8
Independence and conflicts of interest
We will not act for you if doing so creates a conflict of interest we cannot manage. Common situations that trigger a conflict review at our end include:
· You and your spouse separating, divorcing, or entering a financial dispute where we previously acted for both of you
· A death in your family or business that creates competing interests between an estate, a beneficiary, and a continuing entity
· A business restructure, merger, sale or wind-up where we may also act for the counterparty
· A new appointment, employment offer or directorship that places you on both sides of a transaction we are advising on
· A regulator commencing an investigation into you, an associated entity, or a director / trustee
Our process is:
1. We screen new engagements against our existing client list at the time you sign
2. We re-screen at the start of each financial year and whenever you tell us about a material change in your circumstances
3. If a conflict is identified, we tell you in writing within 5 business days, explain the nature of the conflict, and propose one of: (a) declining the conflicting work, (b) acting for you with informed consent and information barriers, or (c) referring one of the affected clients to another tax agent of equivalent standing
4. Where the conflict is between you and another current client, we will not disclose either side's information without consent
This process is required by section 11 of the Tax Agent Services (Code of Professional Conduct) Determination 2024 and APES 110 §B-200.
SECTION 9
If we encounter non-compliance with the law (NOCLAR)
APES 110 §225 obliges us to act if we become aware that you, an entity associated with you, or anyone we deal with on your behalf, may have committed or be about to commit non-compliance with a law or regulation that has a material consequence (for example, a tax offence, an ASIC reporting breach, an FBT misstatement, an AML/CTF reporting failure).
If that happens we will:
· Raise the matter with you in writing and ask you to address it within a reasonable time (usually 14 days)
· Where the matter is serious and you do not address it, escalate within the firm and, if necessary, seek independent legal advice
· Where the law requires it (for example, the AML/CTF Act suspicious-matter reporting obligation), report to the relevant regulator. Australian law typically prohibits us from telling you we have made such a report — this is called a 'tipping-off' offence and we will comply with it
· In serious cases withdraw from the engagement
We do not seek out non-compliance — we are not auditors of your operations — but if it crosses our desk in the course of the work we are doing for you, the obligation applies.
SECTION 10
If a lodged statement turns out to be wrong
If we become aware that a return, BAS, financial statement or other document we lodged on your behalf was false, misleading, or omitted material information, the Tax Agent Services (Code of Professional Conduct) Determination 2024 (s 13) sets out the steps we must take:
1. We will tell you about the issue and ask you to authorise us to lodge a correction or amendment within a reasonable time
2. If you decline to correct it, we will withdraw from acting for you on that matter and revoke our agent authority with the ATO
3. Where the matter is serious enough that the public interest requires it (for example, a deliberate omission of significant income), we may notify the ATO ourselves and, in extreme cases, the TPB. We will tell you before we do so unless the law prohibits us from doing so
The simplest way to avoid this clause being engaged is the obvious one — give us complete and accurate information when we ask for it.
SECTION 11
Fees
The fee for this engagement is stated in your schedule. Where the schedule says 'fixed', that's what you'll pay — full stop, unless scope materially changes and you sign off on a revised quote.
Not included in any fixed fee:
· ATO penalties, general interest charge (GIC), or shortfall interest charge (SIC) — note that from 1 July 2025 GIC and SIC are no longer income-tax deductible (Treasury Laws Amendment (Tax Incentives and Integrity) Act 2025 repealed s 25-5(1)(c) of the Income Tax Assessment Act 1997)
· Third-party fees (ASIC lodgement fees, SMSF audit fees from independent auditors, document-verification charges, etc.)
· Travel beyond reasonable local distances
Invoices are issued progressively or on completion as set out in your schedule. Payment is due within 14 days of issue. Persistent overdue accounts may attract simple interest at the Reserve Bank cash-rate target on amounts more than 30 days overdue, calculated to cover our cost of working capital — not as a penalty.
SECTION 12
Tax File Number authority
You authorise us to:
· Use your Tax File Number(s) and ABN(s) for the purposes set out in this engagement
· Act as your registered tax agent for the matters in your schedule
· Communicate with the ATO on your behalf, including via the Online Services for Agents portal
This authority remains in place until either party ends the engagement.
SECTION 13
On-time service credit
We commit to lodging every return, BAS or other ATO document by the deadline applicable under your engagement schedule, provided you have given us all required information by the dates we agree. If we miss a deadline solely through our error — not because of late information from you, an ATO portal outage, or any other matter outside our reasonable control — we will:
1. Pay or reimburse the ATO Failure-to-Lodge (FTL) penalty issued for that lodgement, capped at one penalty unit per missed lodgement (the small-business FTL block-rate; the cap aligns with how the ATO calculates the first penalty block).
2. Issue a credit note against your next invoice for the value of the FTL penalty, applied automatically with no claim process required.
This remedy is in addition to your rights under the Australian Consumer Law and does not affect your other contractual rights. It does not apply where the lodgement was late because:
· You did not provide complete information by the date we agreed, or by a reasonable date before the deadline if no specific date was set
· You did not respond to a written question we asked within a reasonable time
· The ATO Online Services for Agents portal was unavailable at the time we attempted to lodge
· A force-majeure event prevented timely lodgement
We disclose any planned use of this remedy in writing to you within 5 business days of becoming aware of the late lodgement.
SECTION 14
Money you give us — trust account and refunds
We are required by APES 310 (Dealing with Client Monies) to operate a designated trust account separate from our office account whenever we hold money on your behalf. Our trust account is named 'Tax Tracker Pty Ltd Trust Account' and is independently audited annually by an auditor we don't engage for any other work.
Money is held on trust whenever:
· You prepay fees beyond our standard advance retainer
· A tax refund is paid into our account because you nominated us as the recipient (typical for fee-from-refund arrangements)
· A BAS net refund passes through us on the way to you
· You hand us cash or a cheque pending a specific lodgement
Where a tax refund arrives in the trust account and you have authorised us to deduct fees from it, we deposit the refund, deduct the agreed fee, and forward the remaining balance to your nominated bank account within 3 business days of cleared funds being available. We never deduct a fee that hasn't been quoted in writing in your engagement schedule, and we never set off trust money against unrelated invoices.
If the bank charges fees on the trust account those fees are absorbed by the firm — they are not deducted from your money. You can ask for a statement of any trust money we hold on your behalf at any time and we will provide it within 5 business days.
SECTION 15
Records, document ownership and lien
Document ownership. There are two categories of document on a tax engagement and they are owned by different people:
· Source documents you give us — receipts, bank statements, payroll records, prior returns, identity documents, original deeds — remain your property at all times. We hold them on your behalf during the engagement and return them to you on termination of the engagement (or earlier if you ask), at no charge. We do not assert any lien over your source documents in any circumstances, including where fees are unpaid.
· Working papers we create — internal calculations, cross-references, technical analyses, file notes, working schedules — are our property. They are tools we use to deliver the engagement, not deliverables.
Final output documents (the lodged return, BAS, financial statement, advice memo) become your property once delivered to you and the lodgement is acknowledged.
Lien over working papers. We may exercise a common-law lien over working papers we have created — that is, we may decline to release a copy of internal working papers to you (or to a successor agent) until our reasonable fees are paid. We will not exercise this lien over your source documents (see above), over the lodged return / BAS / financial statement once delivered, or where doing so would prejudice your ability to comply with a current ATO obligation. APES 305 and TPB Information Sheet 02/2011 govern the operation of this lien and we comply with both.
Record retention. We retain working files and copies of lodged documents for at least five years from the end of the engagement, in line with the Income Tax Assessment Act 1936 and Tax Agent Services Act record-keeping requirements. Where the law (for example Anti-Money Laundering and Counter-Terrorism Financing record-keeping rules) requires longer retention of specific records, we retain those records for the longer period.
ATO correspondence after lodgement. If the ATO contacts you about a return we lodged within 12 months of lodgement, we handle the correspondence at no additional cost — that's part of the original fee. For more involved audit work, or for matters relating to returns we didn't lodge, audit support is quoted separately.
SECTION 16
Confidentiality
We will not disclose your information to anyone except as set out in our privacy policy (see /legal/privacy for the full statement). You agree to keep our working papers, methodologies and pricing confidential, subject to your right to share with your own professional advisers and to disclose where required by law.
SECTION 17
IPA Quality Review Program
As a member of the Institute of Public Accountants, the firm is subject to the IPA Quality Review Program. Periodically (typically every three to five years) the IPA selects practitioners for a quality review where an experienced reviewer examines a sample of files to verify compliance with APES 110 (Code of Ethics), APES 305 (Terms of Engagement), APES 320 (Quality Management) and the relevant engagement-specific standards.
By engaging us, you authorise IPA's quality reviewers to inspect your file as part of an IPA quality review, on the strict undertaking that:
· The reviewer is bound by the same confidentiality obligations as the IPA member firm
· The reviewer's purpose is limited to assessing the firm's compliance with professional standards — not to review your tax position or to share information with the ATO
· No client information leaves the review process; reviewer notes are destroyed at the end of the review
· You can withdraw this consent in writing at any time, and your file will be excluded from any review sample selected after the date of withdrawal
We also remain subject to TPB compliance reviews and investigations under the Tax Agent Services Act 2009. Where the TPB requires production of files in connection with a specific complaint or investigation, we must comply — that obligation is set by law, not by your consent.
SECTION 18
Limitation of liability
Our liability under this engagement is limited by a scheme approved under Professional Standards Legislation. Details of that scheme are available on request.
We are not liable for losses caused by:
· Information you provided that was inaccurate, incomplete or out of date
· Your failure to act on a written recommendation we made
· ATO penalties or interest where we were not given enough time to lodge on time
· Force-majeure events outside our reasonable control
Nothing in this letter limits any rights you have under the Australian Consumer Law that cannot lawfully be excluded.
SECTION 19
Termination
Either party may end this engagement by giving the other written notice of at least 14 days, except in the immediate-termination grounds listed below. On termination:
· We will issue a final invoice for work completed up to the date of termination
· Once outstanding fees are paid, we will hand over your records and any partially completed work
· We will revoke our agent authority with the ATO
We may end the engagement immediately if:
· You ask us to do something that would breach our obligations as a registered tax agent or member of the Institute of Public Accountants
· A conflict of interest arises that we cannot resolve
· An invoice is more than 60 days overdue and we have given you written notice of the overdue amount
We will explain the reason in writing in every case.
SECTION 20
Variation
Changes to this engagement letter or the schedule must be in writing and signed (or accepted via the client portal) by both parties.
SECTION 21
Acceptance
By signing the engagement letter — paper, e-signature, or by clicking 'I accept' in the client portal — you confirm that you have read these standard terms and the attached schedule, that you understand them, and that you agree to be bound by them.
Acceptance by e-signature, electronic signature service, or portal click is a valid signature under the Electronic Transactions Act 1999 (Cth) and the Electronic Transactions (Victoria) Act 2000. The fact that you accepted electronically is recorded together with the date, time and IP address as evidence of acceptance.
You are not required to accept electronically. At any point before or after acceptance you may request a paper copy of the engagement letter, the standard terms, the privacy policy, or any other related document, and we will provide it at no additional cost — by post, by email PDF, or in person at our Melton office. If you prefer to accept on paper, sign the printed engagement letter and return it to 26 Basildon Crescent, Strathtulloh VIC 3338, or hand it to us in person; the paper signature has the same effect as an electronic one.
SECTION 22
Contact
26 Basildon Crescent, Strathtulloh VIC 3338
Phone: (03) 8732 2126
Email: info@taxtracker.com.au
Tax Tracker Pty Ltd · Registered Tax Agent · TAN 26321143
