Evolution ABS Limited
Schedule of Services for Letters of Engagement Limited Liability Partnership

The sections that apply to you are ticked on the Letter of Engagement; if the section is not ticked it does not apply to the work Evolution ABS Limited will undertake for you, unless Evolution ABS Limited otherwise expressly agrees.

1. Accounting

Statutory responsibilities

As members of the limited liability partnership you are responsible for keeping adequate accounting records that are sufficient to show and explain the limited liability partnership's transactions and disclose with reasonable accuracy at any time the financial position of the limited liability partnership and to enable you to ensure that the financial statements comply with the Companies Act 2006 (as applied by The Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008). You are also responsible for preparing financial statements which give a true and fair view, have been prepared in accordance with United Kingdom Accounting Standards (United Kingdom Generally Accepted Accounting Practice) and the Companies Act 2006 (as applied by The Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008) and regulations made under it.

In preparing these financial statements, you are required to:

  1. select suitable accounting policies and then apply them consistently;
  2. make judgements and accounting estimates that are reasonable and prudent;
  3. prepare the financial statements on the going concern basis unless it is inappropriate to presume that the limited liability partnership will continue in business.

You also have a responsibility not to approve these financial statements unless you are satisfied that they give a true and fair view of the assets, liabilities, financial position and profit and loss of the limited liability partnership.

You are responsible for safeguarding the assets of the limited liability partnership and hence for taking reasonable steps for the prevention and detection of fraud and other irregularities.

You are also responsible for determining whether, in respect of the year, the limited liability partnership meets the conditions for exemption from an audit of the financial statements set out in section 477 of the Companies Act 2006 (as applied by The Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008), and for determining whether, in respect of the year, the exemption is not available for any of the reasons set out in sections 478 and 479.

You are responsible for ensuring that the limited liability partnership complies with the laws and regulations that apply to its activities, and for preventing non-compliance and for detecting any that occurs.

You have undertaken to make available to us, as and when required, all the limited liability partnership’s accounting records and related financial information, including minutes of management and members’ meetings, necessary for the compilation of the financial statements and you will make full disclosure to us of all relevant information.

Unless we have also agreed to carry out a bookkeeping service, you will also be responsible for:

  1. keeping the record of receipts and payments;
  2. reconciling the balances monthly with the bank statements;
  3. keeping posted and balanced the purchase and sales ledgers;
  4. preparing a detailed list of ledger balances;
  5. preparing details of the annual stocktaking suitably priced and extended.

Our service to you

As the limited liability partnership is totally exempt from audit, we have no statutory responsibilities to the limited liability partnership at all. Our only responsibilities arise from those specifically agreed upon between us in respect of other professional services.

You have asked us to help you compile the statutory financial statements in accordance with the requirements of the Companies Act 2006 (as applied by The Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008), and for preparing financial statements for filing with the Registrar of Companies. We will compile the annual financial statements for your approval based on the accounting records maintained by you and the information and explanations given to us by you and in accordance with the accounting framework agreed and applicable to you and with the Statement of Recommended Practice: Accounting by Limited Liability Partnerships.

We shall plan our work on the basis that no report on the financial statements is required by statute or regulation for the year, unless you inform us in writing to the contrary. In carrying out our engagement we will make enquiries of management and undertake any procedures that we judge appropriate but are under no obligation to perform procedures that may be required for assurance engagements such as audits or reviews.

You have advised us that the limited liability partnership is exempt from an audit of the financial statements. We will not check whether this is the case. However, should our work indicate that the limited liability partnership is not entitled to the exemption, we will inform you of this.

Our work will not be an audit of the financial statements in accordance with the International Standards on Auditing (UK). Consequently, our work will not provide any assurance that the accounting records or the financial statements are free from material misstatement, whether caused by fraud, other irregularities or error and cannot be relied on to identify weaknesses in internal controls.

Since we will not carry out an audit, nor confirm in any way the accuracy or reasonableness of the accounting records maintained by the limited liability partnership, we are unable to provide any assurance as to whether the financial statements that we prepare from those records present a true and fair view. We will, however, advise you on whether your records are adequate for the preparation of financial statements and recommend improvements.

We have a professional duty to compile financial statements that conform with generally accepted accounting principles from the accounting records and information and explanations given to us. Furthermore, as members, you have a duty to prepare financial statements that comply with the Companies Act 2006 (as applied by the Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008), regulations made under that Act and United Kingdom Accounting Standards (United Kingdom Generally Accepted Accounting Practice (UK GAAP)), including the Statement of Recommended Practice: Accounting by Limited Liability Partnerships. Where we identify that the financial statements do not conform to UK GAAP or if the accounting policies adopted are not immediately apparent, this will need to be disclosed in the financial statements.

We also have a professional responsibility not to allow our name to be associated with financial statements which we believe may be misleading. Therefore, although we are not required to search for such matters, should we become aware, for any reason, that the financial statements may be misleading, we will discuss the matter with you with a view to agreeing appropriate adjustments and/or disclosures in the financial statements. In circumstances where adjustments and/or disclosures that we consider appropriate are not made or where we are not provided with appropriate information, and as a result we consider that the financial statements remain misleading, we will withdraw from the engagement.

As part of our normal procedures, we may request you to provide written confirmation of any information or explanations given by you orally during the course of our work.

We shall report to the members, with any modifications that we consider may be necessary, that in accordance with this engagement letter and in order to assist you to fulfil your responsibilities, we have compiled, without carrying out an audit, the financial statements from the accounting records of the limited liability partnership and from the information and explanations supplied to us. To the fullest extent permitted by law we do not accept or assume responsibility to anyone other than the limited liability partnership and the limited liability partnership's members, as a body, for the work or for this report. If you wish to share this report with third parties, before doing so, you must discuss this with us, receive our consent and follow any stipulated conditions.

Ad hoc and advisory work

Where you have instructed us to do so we will also provide such other ad hoc and advisory services as may be agreed between us from time to time. These services will be subject to the terms of this engagement letter and standard terms and conditions of business unless we decide to issue a separate engagement letter. An additional fee may be charged for these services. Examples of such work include:

  1. advising on ad hoc amendments required to your digital records that we identify in the process of preparing your accounts and making the amendments on your behalf if instructed to do so
  2. advising on ad hoc opening balance adjustments required to your digital records and making the amendments if instructed to do so
  3. advising on ad hoc transactions and queries relating to your digital records

Limitation of liability

We specifically draw your attention to the limitation of liability paragraphs in our standard terms and conditions which set out the basis on which we limit our liability to you and to others. You should read this in conjunction with the limitation of third party rights paragraphs in our standard terms and conditions which exclude liability to third parties. These are important provisions which you should read and consider carefully.

There are no third parties that we have agreed should be entitled to rely on the work done pursuant to this engagement letter.

1.1. Accounting – Micro Entities

Statutory responsibilities

As you consider that the limited liability partnership qualifies as a micro-entity in accordance with the conditions set out in sections 384A and 384B of the Companies Act 2006 (as applied by The Limited Liability Partnerships (Accounts and Audit) (Application of the Companies Act 2006) Regulations 2008), you have expressed your preference that the limited liability partnership's financial statements are prepared in accordance with the provisions in that Act applicable to a micro-entity. In particular, you have requested that the financial statements comprise only of the micro-entity minimum accounting items set out in regulations made under the Act.

As members of the limited liability partnership you are responsible for keeping adequate accounting records that are sufficient to show and explain the limited liability partnership's transactions and disclose with reasonable accuracy at any time the financial position of the limited liability partnership and to enable you to ensure that the financial statements comply with the Companies Act 2006 (as applied by The Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) regulations 2008). Though the financial statements of micro-entities are presumed to give a true and fair view, you are also responsible for preparing financial statements which have been prepared in accordance with United Kingdom Accounting Standards (United Kingdom Generally Accepted Accounting Practice) and the Companies Act 2006 (as applied by The Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008) and regulations made under it, all as applicable to a micro-entity.

In preparing these financial statements, you are required to:

  1. select suitable accounting policies and then apply them consistently;
  2. make judgements and accounting estimates that are reasonable and prudent;
  3. prepare the financial statements on the going concern basis unless it is inappropriate to presume that the limited liability partnership will continue in business.

You also have a responsibility not to approve these financial statements unless you are satisfied that they comply with the micro-entity provisions.

You are responsible for safeguarding the assets of the limited liability partnership and hence for taking reasonable steps for the prevention and detection of fraud and other irregularities.

You are also responsible for determining whether, in respect of the year, the limited liability partnership meets the conditions for exemption from an audit of the financial statements set out in section 477 of the Companies Act 2006 (as applied by The Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008), and for determining whether, in respect of the year, the exemption is not available for any of the reasons set out in sections 478 and 479.

You are responsible for ensuring that the limited liability partnership complies with the laws and regulations that apply to its activities, and for preventing non-compliance and for detecting any that occurs.

You have undertaken to make available to us, as and when required, all the limited liability partnership’s accounting records and related financial information, including minutes of management and members’ meetings, necessary for the compilation of the financial statements and you will make full disclosure to us of all relevant information.

Unless we have also agreed to carry out a bookkeeping service, you will also be responsible for:

  1. keeping the record of receipts and payments;
  2. reconciling the balances monthly with the bank statements;
  3. keeping posted and balanced the purchase and sales ledgers;
  4. preparing a detailed list of ledger balances;
  5. preparing details of the annual stocktaking suitably priced and extended.

Our service to you

As the limited liability partnership is totally exempt from audit, we have no statutory responsibilities to the limited liability partnership at all. Our only responsibilities arise from those specifically agreed upon between us in respect of other professional services.

You have asked us to help you compile the statutory financial statements in accordance with the requirements of the Companies Act 2006 (as applied by The Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008), and for preparing financial statements for filing with the Registrar of Companies. We will compile the annual financial statements for your approval based on the accounting records maintained by you and the information and explanations given to us by you and in accordance with FRS 105. As you have advised us that the Limited Liability Partnership qualifies as a micro-entity and that you wish to take advantage of the provisions in Companies Act 2006 applicable to micro-entities (as applied by The Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008), these financial statements will comprise only micro-entity minimum accounting requirements unless you specifically request that an item of information additional to the minimum requirements is included. Where such a request is made, you are reminded that regard must be had to any provision of an accounting standard which relates to that item.

We shall plan our work on the basis that no report on the financial statements is required by statute or regulation for the year, unless you inform us in writing to the contrary. In carrying out our engagement we will make enquiries of management and undertake any procedures that we judge appropriate but are under no obligation to perform procedures that may be required for assurance engagements such as audits or reviews.

You have advised us that the limited liability partnership is exempt from an audit of the financial statements. We will not check whether this is the case. However, should our work indicate that the limited liability partnership is not entitled to the exemption, we will inform you of this.

Our work will not be an audit of the financial statements in accordance with the International Standards on Auditing (UK). Consequently, our work will not provide any assurance that the accounting records or the financial statements are free from material misstatement, whether caused by fraud, other irregularities or error and cannot be relied on to identify weaknesses in internal controls.

Since we will not carry out an audit, nor confirm in any way the accuracy or reasonableness of the accounting records maintained by the limited liability partnership, we are unable to provide any assurance as to whether the financial statements that we prepare from those records present a true and fair view. We will, however, advise you on whether your records are adequate for the preparation of financial statements and recommend improvements.

We have a professional duty to compile financial statements that conform with generally accepted accounting principles as applicable to a micro-entity from the accounting records and information and explanations given to us. Furthermore, as members, you have a duty to prepare financial statements that comply with the Companies Act 2006 (as applied by The Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008), regulations made under that Act and United Kingdom Accounting Standards (United Kingdom Generally Accepted Accounting Practice (UK GAAP)), all as applicable to a micro-entity. Where we identify that the financial statements do not conform to UK GAAP as applicable to a micro-entity, we will discuss the matter with you with a view to agreeing appropriate adjustments in the financial statements.

We also have a professional responsibility not to allow our name to be associated with financial statements which we believe may be misleading. Therefore, although we are not required to search for such matters, should we become aware, for any reason, that the financial statements may be misleading, we will discuss the matter with you with a view to agreeing appropriate adjustments and/or disclosures in the financial statements. In circumstances where adjustments and/or disclosures that we consider appropriate are not made or where we are not provided with appropriate information, and as a result we consider that the financial statements remain misleading, we will withdraw from the engagement.

As part of our normal procedures, we may request you to provide written confirmation of any information or explanations given by you orally during the course of our work.

We shall report to the members, with any modifications that we consider may be necessary, that in accordance with this engagement letter and in order to assist you to fulfil your responsibilities, we have compiled, without carrying out an audit, the financial statements from the accounting records of the limited liability partnership and from the information and explanations supplied to us. To the fullest extent permitted by law we do not accept or assume responsibility to anyone other than the limited liability partnership and the limited liability partnership's members, as a body, for the work or for this report. If you wish to share this report with third parties, before doing so, you must discuss this with us, receive our consent and follow any stipulated conditions.

Ad hoc and advisory work

Where you have instructed us to do so we will also provide such other ad hoc and advisory services as may be agreed between us from time to time. These services will be subject to the terms of this engagement letter and standard terms and conditions of business unless we decide to issue a separate engagement letter. An additional fee may be charged for these services. Examples of such work include:

  1. advising on ad hoc amendments required to your digital records that we identify in the process of preparing your accounts and making the amendments on your behalf if instructed to do so
  2. advising on ad hoc opening balance adjustments required to your digital records and making the amendments if instructed to do so
  3. advising on ad hoc transactions and queries relating to your digital records

Limitation of liability

We specifically draw your attention to the limitation of liability paragraphs in our standard terms and conditions which set out the basis on which we limit our liability to you and to others. You should read this in conjunction with the limitation of third party rights paragraphs in our standard terms and conditions which exclude liability to third parties. These are important provisions which you should read and consider carefully.

There are no third parties that we have agreed should be entitled to rely on the work done pursuant to this engagement letter.

2. Taxation

Recurring compliance work

We will prepare the limited liability partnership's self-assessment tax returns and the annual partnership statements, together with any supplementary pages that are required, from the information and explanations you provide to us.

We will also prepare the income tax and capital gains tax computations based on the limited liability partnership’s financial statements for inclusion in the limited liability partnership’s tax returns.

Once we have obtained the written approval of the member who is responsible for dealing with the limited liability partnership’s tax affairs, as the legal responsibility for approval of the returns cannot be delegated to others, we will submit the limited liability partnership’s returns to HM Revenue & Customs (HMRC).

The work undertaken within this aspect of our engagement will be in respect of the limited liability partnership’s tax affairs. We have no responsibilities in respect of the personal tax affairs of the limited liability partnership’s members.

If instructed, we will provide each member with details of the member’s allocations from the returns to enable members to fill in their self-assessment tax returns.

Where we undertake taxation work on behalf of the individual members of the limited liability partnership you must agree to keep us informed of relevant changes in circumstances that could affect the members’ tax liabilities, for example, keep us informed of changes in membership. Any work to be undertaken on behalf of the individual members will be set out in separate terms of engagement.

Since 17 July 2013 a General Anti-Abuse Rule has been in operation in the UK. This rule enables HMRC to further tackle abusive tax planning schemes. Due to the low probability of eventual success of such schemes and the high ethical standards of this firm, it is our policy not to advise on tax schemes that we consider to be artificial or aggressive in nature. Please let us know if you would like to discuss this matter further or if you feel that you are disadvantaged in any way by the firm’s policy on tax avoidance.

Ad hoc and advisory work

If you instruct us to do so, we will provide such other taxation ad hoc and advisory services as may be agreed between us from time to time. These services will be subject to the terms of this engagement letter and standard terms and conditions of business unless we decide to issue a separate engagement letter. An additional fee may be charged for these services.Examples of such work include:

  1. advising on ad hoc transactions and queries (including telephone conversations), (for example the sale or purchase of assets);
  2. dealing with any enquiry opened into the partnership tax return or tax affairs by HMRC
  3. preparing any amended returns that may be required and corresponding with HMRC as necessary.

Where specialist advice is required on occasion, we may need to seek this from or refer you to appropriate specialists. We will only do this when instructed by the members.

Changes in the law or public policy and practice

We will not accept responsibility if you act on advice given by us on an earlier occasion without first confirming with us that the advice is still valid in the light of any change in the law or public policy and practice or your circumstances.

We will accept no liability for losses arising from changes in the law (or the interpretation thereof) or public policy and practice that are first published after the date on which the advice is given.

Your responsibilities

As members of the limited liability partnership you are responsible for:

  1. ensuring that the limited liability partnership’s self-assessment tax returns are correct and complete; and
  2. filing any returns by the due date; and
  3. paying tax on time

Failure to do any of the above may lead to automatic penalties.

Legal responsibility for approval of the return cannot be delegated to others. You agree to check that returns that we

have prepared for the limited liability partnership are correct and complete before approving them.

You are no less responsible for errors in unapproved returns, submitted on the basis of the information provided to and processed by us, than if you had confirmed your approval of the returns.

To enable us to carry out our work you agree:

  1. that all returns are to be made on the basis of full disclosure of all sources of income, charges, allowances and capital transactions;
  2. to provide full information necessary for dealing with the limited liability partnership’s affairs: we will rely on the information and documents being true, correct and complete and will not audit the information or those documents;
  3. to authorise us to approach such third parties as may be appropriate for information that we consider necessary to deal with your affairs; and
  4. to provide us with information in sufficient time for the limited liability partnership tax returns to be completed and submitted by its due date. In order that we can do this, we need to receive all relevant information as soon after your year end as possible and no later than 5 months after the year end. If for any reason we do not receive all relevant information by this date we may, at our discretion and depending on our work capacity, still endeavour to complete your tax return so that it can be submitted on time. We reserve the right to make an additional charge for such rush work and will advise you of the amount prior to carrying out the work.

You will keep us informed of material changes in circumstances that could affect the partnership tax returns or the partnership statements including, by way of example, changes in the members in the limited liability partnership. If you are unsure whether the change is material, please tell us so that we can assess its significance.

Where you wish us to deal with HMRC communications you will forward to us letters and other communications received from HMRC, in sufficient time to enable us to deal with them as may be necessary within the statutory time limits. Although HMRC have the authority to communicate with us when form 64-8 has been submitted, it is essential that you let us have copies of any correspondence received, because HMRC are not obliged to send us copies of all communications issued to you.

You are responsible for monitoring the limited liability partnership’s monthly turnover to establish whether the limited liability partnership is liable to register for VAT if it is not already registered. If you do not understand what you need to do, please ask us. If it exceeds the UK VAT registration threshold, and you wish us to assist in notifying HMRC of its liability to be VAT registered, we will be pleased to assist in the VAT registration process. You should notify us of your instructions to assist in the VAT registration in good time to enable a VAT registration form to be submitted within the time limit of one month following the month in which the VAT registration threshold in force at that time was exceeded. We will not be responsible if you fail to notify us in time and incur a late registration penalty as a result. The same applies for equivalent non-UK taxes.

Where you are importing relevant goods into the EU to be supplied to non-taxable persons (final destination of the goods being within the EU), the IOSS can be used by both EU and non-EU established suppliers. If you are importing goods into the EU to be supplied to non-taxable persons but do not or cannot use the IOSS then you will probably have to VAT register in the Member State of importation.

If you are making distance supplies of goods within the EU, e.g. France to Germany (B2C), you can use the Union One Stop Shop (OSS). The non-Union OSS can be used for any services where the place of the supply of the service is in the EU and the supplier is non-EU established (B2C again).

There may be other circumstances where the Union or non-Union OSS can be used, e.g. domestic supplies of goods by deemed suppliers, but, broadly, if you are not within any of the above, you may need to VAT-register in the Member State in which you make the supply of the goods or services.

You are responsible for employment taxes, pensions (including auto-enrolment) and the assessment of the employment status of your workers. If your business is not small, you are responsible for assessing the employment status under the off-payroll working rules of any contractors providing services to your business and for employment taxes if they are deemed employees. If you do not understand what you need to consider or what action you need to take, please ask us. We will not be in a position to assist you in complying with your responsibilities if we are not engaged to provide such a service. We are not responsible for any penalty that is incurred.

Limitation of liability

Our services as detailed above are subject to the limitations on our liability set out in the engagement letter and in our standard terms and conditions of business. These are important provisions, which you should read and consider carefully.

3. Payroll

3.1 Payroll services (without auto enrolment)

Recurring compliance work

We will prepare your UK payroll for each payroll period to meet UK employment tax requirements specifically:

  1. calculating the pay as you earn (PAYE) deductions including at the Scottish rate of income tax if applicable
  2. calculating the employees’ national insurance contributions (NIC) deductions
  3. calculating the employer’s NIC liabilities
  4. calculating statutory payments – for example, statutory sick pay and/or statutory maternity pay
  5. calculating reclaims of statutory payment – for example, maternity payments
  6. calculating employee and employer pension contributions for employees and workers who are members of workplace pension schemes (including those who are auto-enrolled) on the basis of the information you provide
  7. claiming employment allowance
  8. calculating, if appropriate, apprenticeship levy
  9. calculating other statutory and non-statutory deductions
  10. submitting information online to HMRC under real-time information (RTI) for PAYE.

You are responsible for advising us of any payroll adjustments required for holiday and ensuring that you comply with regulations for employee holiday entitlements.

We will prepare and send to you the following documents before the time of payment through the payroll or due date for delivering information to HMRC:

  • payroll summary report showing the reconciliation from gross to net for each employee and all relevant payroll totals
  • full payment submission (FPS) for taxable pay and payrolled benefits for each employee:
  1. a payslip for each employee unless not required
  2. a P45 for each leaver

We will submit FPSs online to HMRC on the basis of the data provided, by you. FPSs must reach HMRC normally on or before the payday. You must ensure that the data provided to us is complete and accurate and you must inform us if there are any amendments required after receiving the payroll summaries, and your attention is drawn to your legal responsibilities as set out below.

For each tax month we will prepare, where appropriate, an employer payment summary (EPS) from the information and explanations that you provide to us. (Examples of EPS data include statutory payments, employment allowance, Construction Industry Scheme deductions, apprenticeship levy allowance allocated to the PAYE scheme, apprenticeship allowance payable to date and confirmation that no payments were made to employees.)

We will submit EPSs to HMRC on the basis of the data provided by you. (EPSs must reach HMRC by the 19th of the month following the tax month to which they relate). You must ensure that the data provided to us is complete and accurate, and your attention is drawn to your legal responsibilities as set out below.

At the end of the payroll year we will:

  1. prepare the final FPS (or EPS) and submit this to HMRC on the basis of the data provided by you. (The final FPS (or EPS) for the year must reach HMRC by 19 April following the end of the tax year.) You must ensure that the data provided to us is complete and accurate and your attention is drawn to your legal responsibilities as set out below
  2. prepare and send to you form P60 for each employee on the payroll at the year-end so that you can give them to employees by the statutory due date of 31 May following the end of the tax year
  3. prepare and send to you a statement for every employee for whom benefits-in-kind (BiK) have been payrolled, identifying every benefit provided to each employee during the tax year and the cash equivalent of each benefit treated as PAYE income so you can give them to employees by the statutory due date of 31 May following the end of the tax year
  4. give you details of the class 1A NIC on payrolled BiK, which will need to be accounted for on form P11D(b) and the due date for payment
  5. give you details of the class 1A NIC on expenses accounted for in the payroll, which will need to be accounted for on form P11D(b) and the due date for payment
  6. give you the figures that need to be included on forms P11D to account for income tax in respect of expenses for which class 1 NIC has been accounted for in the payroll

Note that we will only deal with the nominated person or the members within the organisation. Any enquiries from individual employees concerning their wages or other payroll details will be referred back to that responsible person.

Ad hoc queries by way of telephone and email enquiries are not routine compliance and may result in additional fees. As indicated below, where appropriate we will aim to discuss and agree additional fees but it may not always be possible to agree these in advance and we reserve the right to charge you an additional fee for these queries.

Ad hoc and advisory work

Where you have instructed us to do so we will provide such other taxation ad hoc and advisory services as may be agreed between us from time to time. These services will be subject to the terms of this engagement letter and standard terms and conditions of business unless we decide to issue a separate engagement letter. An additional fee may be charged for these services. Examples of such work include:

  1. advising on ad hoc transactions (for example, termination payments to employees) and queries (including telephone conversations), preparing and submitting information in the relevant format to HMRC and calculating any related tax and NIC liabilities
  2. dealing with any compliance check or enquiry by HMRC into the payroll returns
  3. preparing and submitting any amended returns or data for previous tax years and corresponding with HMRC as necessary
  4. helping with setting up and administering workplace pension schemes, including referring you to appropriate specialists where necessary
  5. agreeing with you which employer-provided BiK will be processed through the payroll and for which employees, registering the PAYE scheme to payroll BiK, processing through the payroll cash equivalent notional amounts, notifying HMRC of in-year changes, advising you on the payment of associated class 1A NIC, preparing and submitting return P11D(b), and notifications to employees
  6. preparing and submitting returns P11D and P11D(b) for employee BiK and expenses, and advising on the payment of associated class 1A NIC (such work if undertaken is covered in a separate schedule of services)
  7. assisting you in the operation of the Construction Industry Scheme (CIS) for subcontractors
  8. conducting PAYE, and benefits and expenses health checks
  9. helping you to allocate apprenticeship levy allowance across your different PAYE schemes/group companies/connected charities.

Where specialist advice is required on occasion, we may need to seek this from or refer you to appropriate specialists. We will only do this when instructed by the members or the nominated person.

Changes in the law or public policy and practice

We will not accept responsibility if you act on advice given by us on an earlier occasion without first confirming with us that the advice is still valid in the light of any change in the law or public policy and practice or your circumstances.

We will accept no liability for losses arising from changes in the law (or the interpretation thereof) or public policy and practice that are first published after the date on which the advice is given.

Your responsibilities

You are legally responsible for:

  1. ensuring that the data in your payroll submissions is correct and complete
  2. making any submissions by the due date
  3. paying tax and NIC on time.

Failure to do this may lead to penalties and/or interest.

Employers cannot delegate this legal responsibility to others. You agree to check that submissions that we have prepared for you are correct and complete before you approve them.

You are responsible for maintaining your employees’ information, including any changes to the employees’ bank account details.

To enable us to carry out our work you agree:

  1. that all information required to be delivered online is submitted on the basis of full disclosure
  2. to provide full information necessary for dealing with your payroll affairs and workplace pension scheme contributions; we will rely on the information and documents being true, correct and complete, and will not audit the information or those documents
  3. the members or the nominated person authorised by you will notify us of changes in employees and in rates of pay. We will process the changes only if notified by that individual
  4. to advise us in writing of changes of payroll pay dates and workplace pension scheme contribution dates
  5. to notify us on the date agreed between us, prior to the payroll pay date of all transactions or events that may need to be reflected in the payroll for the period, including details of:
    • all new employees (including full names, address, date of birth, gender, national insurance number) and details of their remuneration packages
    • all leavers and any termination payments
    • all changes to remuneration packages
    • all pension scheme changes
    • all changes to benefits and expenses reportable under an existing payrolling benefits and expense online service registration
    • irregular and/or ad hoc payments and the dates to be paid;
  6. to provide the data required to complete:
    • in-year FPS by at least 5 working days prior to payroll pay dates so that they can be submitted on or before payday, or as agreed with us
    • in-year EPS by at least 5 days prior to 19th of the month following the tax month
    • final FPS (or EPS when applicable) for the year at least 5 days prior to 19 April following the end of the tax year
    • EYU within 5 days of becoming aware of changes required.
  7. to authorise us to approach such third parties as may be appropriate for information that we consider necessary to deal with your affairs.

You will keep us informed of material changes in circumstances that could affect the payroll. If you are unsure whether the change is material or not, please let us know so that we can assess its significance.

Where you wish us to deal with HMRC communications you will forward to us all communications received from HMRC. These must be provided in time to enable us to deal with them as may be necessary within the statutory time limits. It is essential that you let us have copies of any correspondence received because HMRC is not obliged to send us copies of all communications issued to you.

If the information required to complete the payroll services set out above is received later than the dates specified above or agreed with us, we will still endeavour to process the payroll and returns to meet the agreed payroll date and filing deadlines but we will not be liable for any costs or other losses arising if the payroll is late or the returns are filed late in these circumstances. We may charge an additional fee for work carried out in a shorter time period.

Limitation of liability

Our services as detailed above are subject to the limitations on our liability set out in the engagement letter and in our standard terms and conditions of business. These are important provisions, which you should read and consider carefully.

You must also refer to the attached schedule confirming data processing details.

3.2 Payroll and Auto Enrolment services

The following terms apply in addition to payroll terms if you have instructed us to deal with auto enrolment on your behalf in addition to payroll services.

Recurring compliance work

As part of the preparation of your UK payroll, we will:

  1. calculate the deductions to be made from each worker’s pay
  2. calculate the contribution you as an employer are obliged to make to the scheme
  3. process through the payroll any refunds from the scheme.

We will include the pension payments on the following documents:

  1. the payroll summary report showing the reconciliation from gross to net for each employee and all relevant payroll totals
  2. the payslips for each employee (unless payslips are not required)

We can provide advice to you regarding your choice of a pension scheme but we are not authorised to provide specific advice to your employees. You are responsible for choosing a pension scheme that meets the automatic enrolment qualifying criteria and we recommend that you take appropriate independent advice.

We can assist you by:

  1. providing factual information about pension schemes
  2. helping you to compare schemes
  3. referring you to a specialist adviser
  4. referring you to guidance issued by The Pensions Regulator on pension scheme selection.

We will help you to establish which category each worker falls into, whether entitled worker, eligible jobholder or non-eligible jobholder.

We will prepare and send to you a notice to send to each non-eligible jobholder that sets out certain information about opting in to an automatic enrolment scheme and what this means for them. If the non-eligible jobholder chooses to opt in, you will enrol them onto the scheme on receipt of an opt-in notice. We will assist you in this process. We will send information to the pension scheme about those non-eligible jobholders who choose to opt in.

We will prepare and send to you a notice to send to each entitled worker, giving them information about joining a pension scheme and what it means for them. This includes new starters and those becoming eligible to be enrolled by age or earnings. They do not need to be automatically enrolled but have the right to opt in. You will arrange membership to a scheme for those entitled workers who choose to join and complete a joining notice. This can be a different scheme to the one used for auto-enrolment. We will assist you in this process.

We will prepare a notice for you to give to the eligible jobholder telling them that they have been enrolled, setting out what that means for them and also detailing their right to opt out (and to opt back in again). You must re-enrol eligible jobholders every three years. We recommend that you establish a process for this review.

We will, on receipt of the scheme information from you and the pension provider, assist you when you make your declaration of compliance to The Pensions Regulator.

Ad hoc queries by way of telephone and email enquiries are not routine compliance and may result in additional fees. As indicated below, where appropriate we will aim to discuss and agree additional fees, but it may not always be possible to agree these in advance and we reserve the right to charge you an additional fee for these queries.

Ad hoc and advisory work

Where you have instructed us to do so we will provide such other taxation ad hoc and advisory services as may be agreed between us from time to time. These services will be subject to the terms of this engagement letter and standard terms and conditions of business unless we decide to issue a separate engagement letter. An additional fee may be charged for these services.Examples of such work include:

  1. dealing with any enquiry from The Pensions Regulator
  2. preparing any amended records that may be required and corresponding with The Pensions Regulator as necessary.

Where specialist advice is required on occasion, we may need to seek this from or refer you to appropriate specialists.We will only do this when instructed by the members or the nominated person.

Changes in the law or public policy and practice

We will not accept responsibility if you act on advice given by us on an earlier occasion without first confirming with us that the advice is still valid in the light of any change in the law or public policy and practice or your circumstances.

We will accept no liability for losses arising from changes in the law (or the interpretation thereof) or public policy and practice that are first published after the date on which the advice is given.

Your responsibilities

You are legally responsible for:

  1. ensuring that your payroll and pensions records are correct and complete
  2. making payment of pensions contributions on time.

You will keep and retain the records required by law. These include:

  1. records about jobholders and workers, e.g. name, date of birth, national insurance number, gross earnings, contributions, gender, address, status within the pension scheme, opt-in notice, opt-out notice and joining notice
  2. records about the pension scheme, e.g. employer pension scheme reference, scheme name and address, and other information in respect of specific pension schemes.

You must retain these records for six years except for requests to leave the pension scheme, which must be kept for four years.

You are responsible for choosing an eligible scheme and for regularly reviewing that it meets the automatic enrolment qualifying criteria, and we recommend that you take appropriate independent advice.

You are responsible for providing all relevant information to the trustees or managers of the pension scheme within the statutory period.

You are responsible for the monitoring of workers’ age and earnings, and agree to advise us on any change in categorisation or status of your workers.

You are responsible for monitoring opt-in and opt-out requests and where workers with the right to opt in or opt out exercise that right. If required and requested by you, we will assist you in providing appropriate information for you to provide to the jobholder.

You are responsible for providing the required statutory information to your workers. This includes writing to new starters and those becoming eligible to be enrolled by age or earnings within six weeks of them meeting the age or earnings criteria.

You will enrol all eligible jobholders into an eligible pension scheme on the appropriate date.

You are legally responsible for:

  1. choosing your re-enrolment date from within a six-month window, which starts three months before the third anniversary of your automatic enrolment staging date and ends three months after it
  2. assessing your job holders, including those enrolled into the scheme and those you will put back into the scheme.

You are required within five calendar months from the start of your legal duties and thereafter when re-enrolling eligible jobholders to make a declaration of compliance with The Pensions Regulator.

To enable us to carry out our work, you agree:

  1. to provide full information necessary for dealing with your workers’ pensions; we will rely on this information and documents being true, correct and complete, and will not audit the information or documents
  2. the members or the nominated person authorised by you will notify us of changes in employees and in rates of pay. We will process the changes only if notified by that (those) individual(s)
  3. to advise us in writing of changes of payroll pay dates
  4. to notify us at least 5 working days prior to the payroll date of all transactions or events that may need to be considered in relation to auto-enrolment obligations for the period, including details of:
    • all new workers and details of their remuneration packages
    • all leavers and details of termination arrangements for all workers
    • changes in categorisation or status of your workers
    • all opt-in and opt-out requests from your workers
    • all remuneration changes for all workers
    • all pension scheme changes.

You will keep us informed of material changes in circumstances that could affect the pension scheme, workers and deductions. If you are unsure whether the change is material or not, please let us know so that we can assess its significance or otherwise and to seek your authority to approach such third parties as may be appropriate for information that we consider necessary to deal with your affairs.

Where you wish us to deal with them you will forward to us all communications received from The Pension Regulator. These must be provided in time to enable us to deal with them as may be necessary within the statutory time limits. It is essential that you let us have copies of any correspondence received because The Pension Regulator is not obliged to send us copies of all communications issued to you.

If the information required to complete the services set out above is received less than 5 days before the payroll date, we will endeavour to process the payroll to meet the agreed payroll date but we will not be liable for any costs or other losses arising if the payroll is late in these circumstances. We may charge an additional fee for work carried out in a shorter time period.

Limitation of liability

Our services as detailed above are subject to the limitations on our liability set out in the engagement letter and in our standard terms and conditions of business. These are important provisions, which you should read and consider carefully.

4. Benefits-in-kind Returns

Forms P11D and declaration P11D (b)) and class 1A national insurance contributions (NIC)

Recurring compliance work

We will prepare for your approval forms P11D on your behalf, as may be required for each employee including members based on the accounts, information and explanations provided to us by you.

We will prepare for your approval form P11D (b) to include the class 1A NIC on benefits-in-kind (BiK) and expenses, both on forms P11D and included in payroll.

We will submit the forms P11D for any benefits/employees for whom benefits are provided but not payrolled with the form P11D (b) online after the form P11D (b) has been approved in writing by you.

We will prepare and send to you the P11D information for you to forward to your employees and members by the statutory due date of 6 July following the end of the tax year.

We will calculate your class 1A NIC liability on the benefits and expenses both returned in forms P11D and included in payroll that you are obliged to pay HMRC by the due date and send payment instructions to you.

Ad hoc queries by way of telephone and email enquiries are not routine compliance and may result in additional fees. As indicated below, where appropriate we will aim to discuss and agree additional fees but it may not always be possible to agree these in advance and we reserve the right to charge you an additional fee for these queries.

Ad hoc and advisory work

Where you have instructed us to do so, we will provide such other taxation ad hoc and advisory services as may be agreed between us from time to time. These services will be subject to the terms of this engagement letter and standard terms and conditions of business unless we decide to issue a separate engagement letter. An additional fee may be charged for these services. Examples of such work include:

  1. assisting you with calculating the values for tax and NIC of benefits-in-kind (BiK) provided to employees, including when provided by way of salary sacrifice and other optional remuneration arrangements
  2. dealing with compliance checks or enquiries opened into the BiK returns by HMRC
  3. preparing any amended returns that may be required and corresponding with HMRC as necessary
  4. advising on PAYE settlement agreements and/or approved expenses scale rates
  5. conducting PAYE and benefits health checks.

Where specialist advice is required, we may need to seek this from or refer you to appropriate specialists. We will only do this when instructed by the members or the nominated person.

Changes in the law or public policy and practice

We will not accept responsibility if you act on advice given by us on an earlier occasion without first confirming with us that the advice is still valid in the light of any change in the law or public policy and practice or your circumstances.

We will accept no liability for losses arising from changes in the law (or the interpretation thereof) or public policy and practice that are first published after the date on which the advice is given.

Your responsibilities

You are legally responsible for:

  1. ensuring that your declaration on form P11D (b) is true to the best of your knowledge and belief, and therefore that the entries on the related forms P11D and amounts of benefits in kind and expenses in the payroll are correct and complete
  2. filing any returns by the due date after the end of the tax year
  3. paying class 1A NIC on time.

Failure to do any of the above may lead to penalties and/or interest.

Legal responsibility for approval of the return cannot be delegated to others. The nominated individual agrees to check that the forms that we have prepared for you are complete before they approve them.

To enable us to carry out our work you agree:

  1. that all returns are to be made on the basis of full disclosure
  2. to provide full information necessary for dealing with your BiK returns; we will rely on the information and documents being true, correct and complete, and will not audit the information or those documents
  3. to notify us within 14 working days after the end of the tax year of all transactions or events that may need to be reflected in the forms P11D for the period, including details of all employees during the year and details of their remuneration packages
  4. to authorise us to approach such third parties as may be appropriate that we consider necessary to deal with completing the BiK returns.

If the information required to complete the BiK returns set out above is received more than 14 days after the end of the tax year, we will still endeavour to process the information onto the BiK returns to meet the submission date but we will not be liable for any costs or other losses arising if submission is late in these circumstances. We may charge an additional fee in such circumstances.

Where you wish us to deal with HMRC communications you will forward to us all communications received from HMRC.These must be provided in time to enable us to deal with them as may be necessary within the statutory time limits. It is essential that you let us have copies of any correspondence received because HMRC is not obliged to send us copies of all communications issued to you.

Limitation of liability

Our services as detailed above are subject to the limitations on our liability set out in the engagement letter and in our standard terms and conditions of business. These are important provisions, which you should read and consider carefully.

5. Value added tax (VAT)

Recurring compliance work

We will prepare your VAT returns on the basis of the information and explanations supplied by you. The first such return to be prepared by us will be the return for the period ending as stated.

Based on the information that you provide to us, we will tell you how much you should pay and when. If appropriate, we will initiate repayment claims where tax has been overpaid. We will advise on the interest and penalty implications if VAT is paid late.

Where appropriate, we will calculate the partial exemption annual adjustment. This annual adjustment will normally be made in the first VAT period ending after 1 March each year.

Where appropriate, we will calculate the annual Capital Goods Scheme adjustment. The adjustment will normally be made in the first VAT period ending after 1 March each year.

We will forward to you the completed return calculations for you to review before you provide written evidence of your approval, for onward transmission by us to HMRC.

When your VAT return calculations need to be uploaded to HMRC to comply with the “Making Tax Digital” (MTD) regulations, you must ensure that you use functionally compatible software and/or spreadsheets that are digitally linked to the accounts software and which can be submitted to HMRC via an application programme interface (API). If you require us to upload your VAT return calculations in accordance with the MTD requirements, you must provide us with all the necessary digital links to submit all the transaction records that are required by HMRC, together with confirmation that your digital records are complete and accurate.

Ad hoc queries by way of telephone and email enquiries are not routine compliance and may result in additional fees. As indicated below, where appropriate we will aim to discuss and agree additional fees but it may not always be possible to agree these in advance and we reserve the right to charge you an additional fee for these queries.

Ad hoc and advisory services

Where you have instructed us to do so, we will provide such other taxation ad hoc and advisory services as may be agreed between us from time to time. These services will be subject to the terms of this engagement letter and standard terms and conditions of business unless we decide to issue a separate engagement letter. An additional fee may be charged for these services.Examples of such work include:

  1. advising on ad hoc transactions and queries (including telephone conversations), preparing and submitting information in the relevant format to HMRC and calculating any related tax liabilities
  2. reviewing and advising on a suitable partial exemption method to use in preparing the return
  3. dealing with all communications relating to your VAT returns addressed to us by HMRC or passed to us by you, including training
  4. making recommendations to you about the use of cash accounting, annual accounting, flat rate and other suitable methods of accounting for VAT
  5. making recommendations to you about the use of VAT Mini One Stop Shop (MOSS) if you supply digital services to consumers in the EU
  6. we do not advise on VAT excise duty/customs duty/landfill tax/insurance premium tax/aggregates levy/climate change levy and separate specialist advice should be taken in these areas.

Where the advice is provided in writing, the information provided and the query raised will be set out with our response to you.

Where specialist advice is required in certain areas, we may need to seek this from or refer you to appropriate specialists. We will only do this when instructed by you.

Changes in the law or practice or in public policy

We will not accept responsibility if you act on advice given by us on an earlier occasion without first confirming with us that the advice is still valid in the light of any change in the law or practice or in public policy or your circumstances.

We will accept no liability for losses arising from changes in the law (or the interpretation thereof) or practice or in public policy that are first published after the date on which the advice is given.

Your responsibilities

You are legally responsible for:

  1. ensuring that your returns are correct and complete
  2. filing any returns by the due date
  3. making payment of tax on time.

Failure to do this may lead to automatic penalties, surcharges and/or interest.

Legal responsibility for approval of the return cannot be delegated to others. You agree to check that returns that we have prepared for you are complete before approving them.

To enable us to carry out our work you agree:

  1. that all returns are to be made on the basis of full disclosure
  2. that you are responsible for ensuring that the information provided is, to the best of your knowledge, accurate and complete. The returns are prepared solely on the basis of the information provided by you and we accept no responsibility for any liabilities arising due to inaccuracies or omissions in the information you provide, which may lead to a misdeclaration on which penalties and interest may arise
  3. to authorise us to approach such third parties as may be appropriate for information we consider necessary to deal with the returns
  4. to provide us with all the records relevant to the preparation of your monthly/quarterly returns as soon as possible after the return period ends.We would ordinarily need a minimum of 21 days before submission to complete our work. If the records are provided later or are incomplete or unclear, thereby delaying the preparation and submission of the return, we accept no responsibility for any “default surcharge” penalty that may arise.Where feasible, we may agree to complete your return within a shorter period but may charge an additional fee for so doing.

You will keep us informed of material changes in circumstances that could affect your obligations, for example:

  1. change in the nature or any addition to your business
  2. change of type of supply for VAT
  3. change in your type of business entity such as from sole trader into partnership
  4. acquisition or disposal of land or property etc.
  5. starting to make supplies which are exempt from VAT
  6. you have reclaimed VAT within the last 10 years, having spent over £250,000 in purchasing, building or redeveloping a property, and the extent to which it is being used for taxable and/or exempt purposes has changed since you first reclaimed the VAT (i.e. Capital Goods Scheme adjustments will apply).

Where you wish us to deal with HMRC communications you will forward to us all communications received from HMRC such as statements of account, copies of notices of assessment and letters. These must be provided in time to enable us to deal with them as may be necessary within the statutory time limits. It is essential that you let us have copies of any correspondence received because HMRC is not obliged to send us copies of all communications issued to you.

You are responsible for bringing to our attention any errors, omissions or inaccuracies in your returns that you become aware of after the returns have been submitted in order that we may assist you to make a voluntary disclosure.

If you provide digital services to consumers in the EU you are responsible for either registering for VAT in that member state or registering for MOSS in the UK.

If you are involved with any other business which is not registered for VAT you are responsible for monitoring your monthly turnover to establish whether you are liable to register for VAT. If you do not understand what you need to do, please ask us. If you exceed the VAT registration threshold, and wish us to assist you in notifying HMRC of your liability to be VAT registered, you must give us clear instructions to assist you in the VAT registration process.You should notify us of your instructions in good time to enable the VAT registration application form to be submitted within the statutory time limit of one month following the month in which you exceeded the VAT registration threshold in force at that time.We will not be responsible if you fail to notify us in time and incur a late registration penalty as a result.

If EC Sales Lists need to be completed you are responsible for obtaining all of your customers’ VAT registration numbers in other member states and to check any that you are not completely satisfied with, with HMRC.

Limitation of liability

Our services as detailed above are subject to the limitations on our liability set out in the engagement letter and in our standard terms and conditions of business. These are important provisions, which you should read and consider carefully.

5.1 Making Tax Digital for VAT (MTDfV)

Initial registration

We will register you for MTD for VAT (MTDfV). By instructing us to sign up on your behalf you are agreeing to HMRC’s terms of participation. This may result in certain changes that may include changes to deadlines. You will need to complete HMRC’s sign-up process to enable submission of your VAT return.

Recurring compliance work

We will prepare your MTD for VAT (MTDfV) returns. The first such return to be prepared by us will be the return for the period ending as stated.

We will keep all records to meet the digital record-keeping requirements of MTDfV. You must ensure that the data provided to us is complete and accurate.

Based on the information that you provide to us, we will tell you how much VAT you should pay and when. If appropriate, we will initiate repayment claims where tax has been overpaid. We will advise on the interest and penalty implications if VAT is paid late.

Where appropriate, we will calculate the partial exemption annual adjustment. This annual adjustment will normally be made in the first VAT period after 1 March each year.

Where appropriate, we will calculate the annual Capital Goods Scheme adjustment. The adjustment will normally be made in the first VAT period after 1 March each year.

We are not responsible for considering or applying for any of the exemptions from MTDfV. However, if you feel that you are eligible for exemption, please let us know. We are happy to discuss this and may correspond to HMRC on your behalf if needed, or we can guide you on whom you should contact for this.

We will advise you of any relaxations applicable in relation to the digital records for supplies made and received. Where the requirements are impossible, impractical or unduly onerous we will seek to reach agreement with HMRC on a specific relaxation, but this may be subject to an additional fee.

We will submit your MTDfV return data online to HMRC after the data to be included therein has been approved by you.

We will agree with you any supplementary information to be submitted on a voluntary basis with the MTDfV returns prior to submission.

Ad hoc queries by way of telephone and email enquiries are not routine compliance and may result in additional fees. As indicated below, where appropriate we will aim to discuss and agree additional fees but it may not always be possible to agree these in advance and we reserve the right to charge you an additional fee for these queries.

Ad hoc and advisory services

Where you have instructed us to do so, we will provide such other taxation ad hoc and advisory services as may be agreed between us from time to time. These services will be subject to the terms of this engagement letter and standard terms and conditions of business unless we decide to issue a separate engagement letter. An additional fee may be charged for these services.Examples of such work include:

  1. advising on ad hoc transactions and queries (including telephone conversations), preparing and submittinginformation in the relevant format to HMRC and calculating any related tax liabilities
  2. reviewing and advising on a suitable partial exemption method to use in preparing the return
  3. dealing with all communications relating to your MTDfV returns addressed to us by HMRC or passed to us by you
  4. making recommendations to you about the use of cash accounting, annual accounting, flat rate and other suitable methods of accounting for VAT
  5. making recommendations to you about the use of VAT Mini One Stop Shop (MOSS) if you supply digital services to consumers in the EU
  6. we do not advise on VAT excise duty/customs duty/landfill tax/insurance premium tax/aggregates levy/climate change levy and separate specialist advice should be taken in these cases.
  7. work required to rectify the position where your software is incompatible with our software.
  8. reviewing your record keeping processes and providing advice on potential improvements to enable compliance with the MTDfV requirements, including digital links for the transfer of data between different software.

Where the advice is provided in writing, the information provided and the query raised will be set out with our response to you.

Where specialist advice is required in certain areas, we may need to seek this from or refer you to appropriate specialists. We will only do this when instructed by you.

Changes in the law or practice or in public policy

We will not accept responsibility if you act on advice given by us on an earlier occasion without first confirming with us that the advice is still valid in the light of any change in the law or practice or in public policy or your circumstances.

We will accept no liability for losses arising from changes in the law or practice or in public policy that are first published after the date on which the advice is given.

Your responsibilities

You are legally responsible for:

  1. ensuring that your returns are correct and complete and in an appropriate digital format and capture the appropriate level of data
  2. ensuring your record keeping system is compliant with the new requirements for the digital recording and transfer of data
  3. filing any returns by the due date
  4. making payment of tax on time.

Failure to do this may lead to automatic penalties, surcharges and/or interest.

You cannot delegate this legal responsibility to others. You agree to check that returns that we have prepared for you are complete before approving them.

Where we are keeping your digital records, you are responsible for providing us with the following information required for us to prepare the return:

  1. sales invoices
  2. purchase invoices
  3. bank statements
  4. details of bank and cash payments
  5. details of bank and cash receipts
  6. work-in-progress details
  7. access to your accounting records.

We have also agreed that you will provide the following:

  1. a record of the amounts owed to the business
  2. a record of amounts owed by the business
  3. a list of accruals
  4. a list of prepayments
  5. private use adjustments.

To enable us to carry out our work you agree:

  1. that all returns are to be made on the basis of full disclosure
  2. that you are responsible for ensuring that the information provided is, to the best of your knowledge, accurate and complete and that all digital links are in the manner proscribed. The returns are prepared solely on the basis of the information provided by you and we accept no responsibility for any liabilities arising due to inaccuracies, omissions or breakdowns in digital links concerning the information you provide, that may lead to a misdeclaration on which penalties and interest may arise
  3. to authorise us to approach such third parties as may be appropriate for information we consider necessary to deal with the returns
  4. to provide us with all the records relevant to the preparation of your monthly/quarterly/annual returns as soon as possible after the return period ends.We would ordinarily need a minimum of 21 days before submission to complete our work. If the records are provided later or are incomplete or unclear, thereby delaying the preparation and submission of the return, we accept no responsibility for any penalty that may arise.Where feasible, we may agree to complete your return within a shorter period but may charge an additional fee for so doing.
  5. to inform us that you have made the tax payment based on your calculated return.

You will keep us informed of material changes in circumstances that could affect your obligations, for example:

  1. change in the nature or any addition to your business
  2. change in turnover
  3. change of type of supply for VAT
  4. change in your type of business entity such as from sole trader into partnership
  5. acquisition or disposal of land or property etc.
  6. starting to make supplies which are exempt from VAT
  7. you have reclaimed VAT within the last 10 years, having spent over £250,000 in purchasing, building or redeveloping a property, and the extent to which it is being used for taxable and/or exempt purposes has changed since you first reclaimed the VAT (i.e. Capital Goods Scheme adjustments will apply to this or any other items that fall within the scope of the Capital Goods Scheme).

Where you wish us to deal with HMRC communications, you will forward to us all communications received from HMRC such as statements of account, copies of notices of assessment and letters. These must be provided in time to enable us to deal with them as may be necessary within the statutory time limits. It is essential that you let us have copies of any correspondence received because HMRC is not obliged to send us copies of all communications issued to you.

You are responsible for bringing to our attention any errors, omissions or inaccuracies in your returns that you become aware of after the returns have been submitted in order that we may assist you to make a voluntary disclosure.

  1. If you provide digital services to consumers in the EU and are over the registration limits you are responsible for either registering for VAT in that member state or registering for MOSS in the UK.
  2. If you are involved with any other business that is not registered for VAT you are responsible for monitoring your monthly turnover to establish whether you are liable to register for VAT. If you do not understand what you need to do, please ask us. If you exceed the VAT registration threshold, and wish us to assist you in notifying HMRC of your liability to be VAT registered, you must give us clear instructions to assist you in the VAT registration process. You should notify us of your instructions in good time to enable the VAT registration application form to be submitted within the statutory time limit of one month following the month in which you exceeded the VAT registration threshold in force at that time. We will not be responsible if you fail to notify us in time and incur a late registration penalty as a result.

If EC Sales Lists need to be completed you are responsible for obtaining all of your customers’ VAT registration numbers in other member states and to check any that you are not completely satisfied with.

Limitation of liability

Our services as detailed above are subject to the limitations on our liability set out in the engagement letter and in our standard terms and conditions of business. These are important provisions, which you should read and consider carefully.

6. Company Secretarial

Our service to you

We have agreed to deal with the following company secretarial matters:

  1. submit the accounts to the Registrar of Companies
  2. complete and submit the limited liability partnership’s annual confirmation statement
  3. complete and submit any other forms required by law to be filed at Companies House on the basis of information provided by you
  4. maintain the statutory books
  5. maintain the register of People with Significant Control (PSC) and relevant filings

We will prepare from the information and explanations provided by you, your returns together with any supporting schedules. We will not audit or otherwise check the underlying records.

We will send you the returns and any supporting schedules for you to approve and sign.

A limited liability partnership is required to file its accounts at Companies House within 9 months of the year end. The limited liability partnership will be liable to a fine if it fails to meet this deadline. We accept no responsibility for fines or regulatory action taken against the members where the statutory accounts are not available for filing.

Your Responsibilities

You are responsible for ensuring that the limited liability partnership information is kept up to date and for making correct returns by the due date.

You are responsible for identifying and taking reasonable steps to obtain the necessary information on people with significant control.

To enable us to carry out our work you agree:

  1. To provide full information necessary for dealing with your affairs – we will rely on the information and documents being true, correct, complete and that you have obtained all required consents to act and will not audit the information or those documents.
  2. That we can approach such third parties as may be appropriate for information that we consider necessary to deal with your affairs.
  3. To provide us with information in sufficient time for your returns to be completed and submitted.
  4. To provide us within seven days of signing, certified copies of members notices, minutes or resolutions.

Limitation of liability

We specifically draw your attention to the limitation of liability paragraphs in our standard terms and conditions which set out the basis on which we limit our liability to you and to others. You should read this in conjunction with the limitation of third party rights paragraphs in our standard terms and conditions which exclude liability to third parties. These are important provisions which you should read and consider carefully.

7. Management Accounts

Our service to you

We will prepare from the information and explanations provided by you, your monthly/quarterly management accounts or periods that you instruct us to prepare.

We will discuss with you the management accounts/prepare a separate report and commentary on the figures for discussion with the management.

We will not attach a report to the management accounts.

We will not carry out any audit work as part of this assignment. To carry out an audit would entail additional work so that we could report on the truth and fairness of the accounts.

We have a professional duty to compile accounts that conform to generally accepted accounting principles. Where necessary we will inform you and suggest amendments be put through the accounts before being published. We have a professional responsibility not to allow our name to be associated with accounts that may be misleading. In extreme cases when this matter cannot be resolved, we will withdraw from the engagement and notify you in writing.

The management accounts are prepared for your internal use within your business by the members. They should not be shown to any other party without our prior agreement.

Your Responsibilities

You are responsible for providing us with the necessary information and prime records for the preparation of the management accounts, including:

  1. Sales invoices.
  2. Purchase invoices.
  3. Bank statements.
  4. Details of bank and cash payments.
  5. Details of bank and cash receipts.
  6. Stock and work-in-progress details.
  7. Access to your accounting records.

We have also agreed that you will provide the following:

  1. Monthly records of receipts and payments reconciling the bank control account with the bank statements.
  2. A record of the amounts owed to the business.
  3. A record of amounts owed by the business.
  4. A list of accruals.
  5. A list of prepayments.

Limitation of liability

We specifically draw your attention to the limitation of liability paragraphs in our standard terms and conditions which set out the basis on which we limit our liability to you and to others. You should read this in conjunction with the limitation of third party rights paragraphs in our standard terms and conditions which exclude liability to third parties. These are important provisions which you should read and consider carefully.

There are no third parties, this includes your shareholders, financial institutions and other businesses that we have agreed should be entitled to have access to, sight of, or rely on the work done pursuant to this engagement letter.

8. Budgeting and projections

Preparation of budgets and cash flows/profit forecasts

Our service to you

We will prepare from the information and explanations provided by you, cash flows/profit forecasts for the periods agreed.

We will discuss with you the assumptions that have been used.

We will not be carrying out any audit work as part of this assignment and accordingly we will not express an opinion on the forecasts.

We will attach a report to the forecasts highlighting the scope of the work we have undertaken, including any assumptions made. We will highlight

  • that no audit has been undertaken;
  • that the forecasts have been drawn up in accordance with the assumptions;
  • limitation of liability that applies; and
  • if we have a letter of engagement or not with any third party.

The forecasts are prepared solely for the confidential use of yourself and solely for the purpose of internal management of your business. It may not be relied upon by yourself for any other purpose whatsoever. Our report must not be recited or referred to in whole or in part in any other document.

Your Responsibilities

You are responsible for providing us with the information and explanations necessary for the preparation of cash flows/profit forecasts.

You are responsible for checking and agreeing the validity of the assumptions that are used in the preparation of the statements.

You agree not to submit the forecasts to any third party without our prior written approval.

The forecasts relate to future events and consequently actual results are likely to differ from the forecasts. We cannot accept any responsibility for any loss or damage occasioned to any person acting or refraining from acting as a result of any material or report contained in the forecasts.

Limitation of liability

We specifically draw your attention to the limitation of liability paragraphs in our standard terms and conditions which set out the basis on which we limit our liability to you and to others. You should read this in conjunction with the limitation of third party rights paragraphs in our standard terms and conditions which exclude liability to third parties. These are important provisions which you should read and consider carefully.

9. Annual Tax on Enveloped Dwellings (ATED)

Statutory responsibilities

As members of the limited liability partnership, you are required by statute to complete a return, in respect of chargeable periods from 1 April 2022, for any residential dwelling with an April 2022 value in excess of £500,000.

You have engaged us to prepare the return on your behalf.

It is your responsibility to provide us with a complete list of all relevant properties, their dates of acquisition and their valuations, along with any other information we may require. The list should incorporate any UK dwelling with a 1 April 2022 (or acquisition date if later) value in excess of £500,000 and we will advise as and when each property needs to be reported on an ATED return. For chargeable periods ending on or before 31 March 2022, the value of the dwelling on 1 April 2017 may be relevant, and we will advise you where this is the case, as necessary.

It is your responsibility to inform us of any impending purchases of properties that will need to be declared on an ATED return. In some cases an ATED return and payment is required just 30 days after the purchase date and so prompt communication is required.

The members, on behalf of the limited liability partnership, are legally responsible for:

  1. ensuring that the ATED return(s) for each year to 31 March is/are correct and complete;
  2. filing the ATED return(s) by the due date of 30 April following the start of the ATED return period*;
  3. making payment of the ATED by 30 April following the start of the ATED return period*; and
  4. ensuring any further return(s) that may be required to report any additional ATED liability is/are correct and complete, filing any such further return(s) and making payment of any such additional liabilities, in each case within applicable time limits.

*In some cases, and in particular in the year in which a property is first acquired (see above), the filing and payment deadline may be extended or otherwise adjusted. We will advise you where this is the case.

Failure to do any of the above will or may lead to penalties and/or interest.

Legal responsibility for returns cannot be delegated to others. You agree to check that returns we have prepared for the limited liability partnership are accurate and complete in all respects before you approve and sign them.

You are no less responsible for errors in unapproved returns, submitted on the basis of information provided to and processed by us, than if you had confirmed your approval of the returns.

To enable us to carry out our work the members agree:

  1. that all ATED returns are to be made on the basis of full disclosure of all UK dwellings (and relevant interests in UK dwellings), and their uses and occupation;
  2. to provide full information and documents necessary for dealing with the ATED return(s) (including, but not limited to, sales (or other disposals) and acquisitions, and changes in use or occupation, of relevant dwellings). We will rely on the information and documents being true, correct and complete and will not audit the information or those documents;
  3. to take any necessary steps to agree the open market value of each relevant property on 1 April 2022, or the date of acquisition if later, to be declared on the ATED return(s); and, where the relevant property is still held, as revalued every five years (from 1 April 2022) thereafter. We will also advise on the basis of the information and documents provided under (b) above, in any case where some other valuation date (such as 1 April 2017) is relevant to any ATED return or further return;
  4. to authorise us to approach such third parties as may be appropriate for information that we consider necessary to deal with the ATED return(s);
  5. to provide us with information in sufficient time for the limited liability partnership's ATED return(s) to be completed and submitted by the due date outlined above. In order that we can do this we need to receive all relevant information by 10 April. Where feasible we may agree to complete your ATED return(s) within a shorter period but may charge an additional fee for so doing; and
  6. to take such steps and provide such information to HMRC as may be necessary for the limited liability partnership to register with HMRC for the filing of ATED returns, including the ATED online filing service.

References to ATED returns above include any further return(s) identified.

It is your responsibility to keep us fully and promptly informed of events or material changes in circumstances (including, but not limited to, sales (or other disposals) and acquisitions, and changes in use or occupation, of relevant dwellings) that could affect the ATED liabilities of the limited liability partnership. If you are unsure whether a change is material, please let us know so that we can assess its significance.

You will forward to us relevant HMRC statements of account, copies of notices of assessment, letters and other communications in time to enable us to deal with them as may be necessary within the statutory time limits. Any existing 64-8 (agent authority) does not cover the ATED return(s) and HMRC may be unprepared to deal with us on your behalf until after the time that the first return(s) have been filed, listing us as your agent, or as may otherwise be required by HMRC.

Our service to you

We will prepare the limited liability partnership's ATED return(s), including where appropriate any Relief Declaration Return (a short type of ATED return), based on the information and explanations you provide to us.

We will advise you as to any reliefs that can be claimed against the ATED. Where instructed by you, we will claim such reliefs on the ATED return(s).

After obtaining the written approval and signature of the proper officer or other person authorised to act for the limited liability partnership in this regard, we will submit the ATED return(s), or provide assistance to enable the limited liability partnership to submit the ATED return(s), online to HMRC.

We will tell you how much ATED the limited liability partnership should pay and when. We will advise on the interest and penalty implications if ATED is paid late.

We will advise whether any further return (and liability to make an additional payment of ATED) is required to be made (and paid) and take action in relation to such return as above for ATED return(s).

We will deal with the recovery of any overpaid ATED, following a relevant event or change in circumstances (e.g., the disposal of a relevant dwelling).

Limitation of liability

Our services as detailed above are subject to the limitations on our liability set out in the engagement letter and in our standard terms and conditions of business. These are important provisions, which you should read and consider carefully.

10. Other services

There are many other areas where Evolution ABS Limited can be of assistance and it shall be pleased to discuss any matters with you. These other services include:

  • reports in support of returns or claims, e.g., insurance limited liability partnership certificates, government claims, etc.;
  • advice on financial matters;
  • advice on commercial and management matters;
  • management accounting, including such matters as cash flow statements, costing systems, etc., and advice on management;
  • advice on the selection and implementation of computer systems;
  • advice on how to set up, implement and train on, accounting and MTD for VAT systems appropriate to you and your skills;
  • investigations for special purposes, e.g., acquisitions of other businesses, or examination of specific aspects of your business;
  • advice on the selection and recruitment of staff;
  • meetings with you.

Version 2
February 2023

Sign Up to Our Newsletter