Terms of Business:
We want to manage your claim with as little interruption to you as possible. It is important for us that you understand what we are doing for you and how this all works.
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Our terms and conditions have been compiled by us understanding the needs of the client and what they expect from us. If you are unsure about anything at any time, then please feel free to contact us.
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The purpose of this page is to establish the rules under this agreement and to clarify our respective responsibilities.
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Our Responsibilities (Property Tax Refund Centre Claims Limited):
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We will be responsible for the preparation and submission of the capital allowances claim and all relevant tax returns to HM Revenue & Customs (“HMRC”).
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We will provide advice on the most tax efficient use of the capital allowances identified.
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We will deal with all enquiries from HMRC in relation to the capital allowances claim, attend any meetings or provide any information as required to agree the claim. Our services may include telephone conversations, attendance at meetings and written advice as and when requested by you.
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We will not be responsible for any other claims or submissions of losses carried forward for tax relief submitted by a third party.
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Your responsibilities:
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You agree to provide full information necessary for us to advise in relation to your affairs. We will rely on the information and documents being true, correct and complete and will not audit the information or those documents. We will use the information provided by you and confirmed in our initial email to you. If any of the information is incorrect, then you should let us know by return email.
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You will provide us with authorisation to act as your temporary Agent with HMRC and receive any tax repayments to our client account.
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You agree to authorise us to approach such third parties as may be appropriate for information that we consider necessary to provide the advice.
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You must tell us by email within 7 days of our initial email to you, if the property is an investment property, as these do not qualify for capital allowances.
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You must make us aware by email if any previous capital allowances claims have been made on either the properties or the additional expenditure that you have disclosed to us.
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You will keep us informed of material changes in your circumstances that could affect your tax liability. If you are unsure whether the change is material or not, please let us know so that we can assess its significance.
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Timing of Engagement:
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Our services will commence once you have completed one of the following:
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Once you reply to our initial email
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Send us your Tax Authorisation Code
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Send us documents to review
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Signed our Agreement
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Communicated in another way that you wish to proceed, provided us with written confirmation of your agreement.
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Our initial email to you requested that you visit and read in full our terms and conditions on our website.
Desktop/real site visits documentation/report will remain our property and we can elect not to share this with you. Site visits are to establish that a property exists. We do not provide itemised reports unless requested in writing by the client, three weeks prior to the claim being submitted.
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Once it has been agreed, these terms will remain effective until it is replaced, or the terms revised
Termination
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The contract may be terminated by either party to this contract, without penalty, if:
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(a) The claim is not successful;
(b) PTRCC or the Client commit a material breach of the contract, which is not remedied within 7 days of the breach;
(c) The Client fails to comply with its obligations under “Your responsibilities”;
(d) PTRCC fails to comply with its obligations under Clause “Our responsibilities”;
Right to Cancel
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The Client has a right to cancel this contract, without penalty, within a period of 7 days from the initial email from us or the commencement date. Notice should be given in writing.
Participation in Marketing/Reference Activity:
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PTRC/PTRCC may, for the purpose of promotional activity, training or for other business purpose, mention that you are a client and use other identifying information such as business address and benefits attained.
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You may write to us or send an email to sean@ptrc.tax at any time to revoke this sanction, and PTRCC will remove any content as soon as is practicable.
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PTRCC will not disclose any information that you elect to keep confidential.
Fee Arrangements:
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We will charge our fee on a contingent basis.
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We will not send an invoice until the claim has been completed and payment has been confirmed.
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Our agreed fee will be 5% (excluding VAT) of the total capital allowances we identify and not on the refund.
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Our fee will be due following receipt of the repayment from HMRC or confirmation of reduced tax liability from PTRCC.
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In the event that HMRC refuse the claim, no fees will be due.
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If the value of the claim is subsequently reduced by HMRC, any fees paid to PTRCC Tax that are no longer due, will be refunded.
Anti-Money Laundering Regulations:
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As part of our compliance regulations, we must undertake Anti-Money Laundering (“AML”) and Know Your Client (“KYC”) checks on all our clients.
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We are now able to carry out these checks and verify your identity by using an online service provider. This negates the need for clients to send us proof of Identification documents. We use a company called Credit Safe, who will run a soft search of your credit file to verify your identify. The search does not affect your credit rating in anyway. If you have any objection to us using this service, please let us know in writing and we will send you the list of identification documents we require.
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Please note that you are engaging PTRCC ("the Firm") to carry out the work, and therefore there is no acceptance or assumption of responsibility by any member, employee and/or consultant of the Firm personal for carrying out your work. Therefore, no duty of care is owed to you by any member, employee and / or consultant of the Firm. It is the Firm that will owe you a duty of care in carrying out your work and to that end the Firm has in place professional indemnity insurance.
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No external consultant representing PTRCC is authorised to make any agreement or contract without written consent (each agreement) from our Managing Director in the form of an email direct to the client
Consequences of Termination:
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superseding clause - superseded terms regarding the subject matter, Fee Arrangements
If the Client instructs PTRCC not to submit a claim after the services have been provided and or the client has been informed that they are eligible to make a claim (verbal or written), or passed over the agents tax authority code, then PTRCC will be entitled to charge the client for the time spent and services rendered from commencement to the date of termination. This will be a fixed termination fee of £750 plus VAT per client. This payment will be due within 30 days of the termination date.
Agreement of Terms:
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By signing the engagement letter, replying to emails or sending s documents, then you agree to the terms of this engagement.
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If no cash refund is available, or if HMRC pay you directly then you will be liable to pay the fee to Property Tax Refund Centre (Claims) Limited. On completion of each successful claim, there may be an additional admin fee of two hundred and fifty-pounds per property. This is in addition to any capped or agreed fee and vat is to be added to all quotes or invoices provided.
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Any figures provided are for illustrational purposes and may vary from the final claim figures.
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The Directors of a Limited company or partners of a partnership are jointly and severally guaranteeing personally that all fees will be paid within the payment terms agreed and should the company or partnership be unable or do not pay, then anyone signing or agreeing on a company’s/partnership behalf are also doing so with the agreement from the other Directors/Partners. If that is not the case then you should let us know by email as soon as you receive the agreement.
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HMRC will make payments according to their rules and regulations and we advise clients conduct their own due diligence before instructing PTRCC.
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Our marketing material, emails and communications use the word refund/s and/or relief which can mean tax savings, a tax relief over time or a tax refund. All clients should be aware that the dynamics of each case may change after engagement with HMRC. Refund may not be available and the value of your claim may be delivered as a tax relief (losses carried forward) over time.
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HMO/Houses of Multiple Occupancy:
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House of Multiple Occupancy only qualify when an individual has all the day-to-day facilities within their room and does not need to share, kitchen, toilets, bathroom etc. We only do virtual site visits on HMO’s and it is up to you to tell us by return email if any rooms share any facilities.
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Holiday lets / Airbnb
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Your property must be available to let for 140 days or more in each tax year. You must actually let the property for 105 days or more in each tax year. No single letting can be for more than 31 days. If the letting does not meet the above, then you must let us know by return email.
Freehold/Leasehold:
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We can claim on both, however for leasehold you will need to have at least a 26-year lease. If that is not the case then you need to let us know by return email.
How does it work?
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HMRC will pay an initial 18% cash payment of the whole refund and the remaining 82% of the claim will be paid at 18% of the balance remaining, until it has all been used. Cash refund is only available to the value of any tax paid and providing you have paid tax.
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If you have paid some tax, then a smaller cash refund will be applied with tax on account (losses carried forward) If you do not have any cash to come back then 100% will be classed as losses carried forward and can be utilised for future tax owed.
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Any site visit desktop/virtual/actual are for our benefit only. We do not supply detailed/itemised reports and percentages are in our opinion only.
