Effective Date: January 1, 2025
Master Service Agreement
Thank you for choosing Yellow Business Services Co. ("Firm", "we", "us"). These Engagement Terms ("Terms") govern the professional tax preparation and accounting services we provide to you ("Client", "you").
By signing your specific Engagement Letter or by uploading documents to our secure portal, you acknowledge that you have read, understood, and agreed to be bound by these Terms.
1. Scope of Services
We will prepare your federal and specific state income tax returns for the tax year indicated in your Engagement Letter. Our services are limited to:
- Preparation of Federal Form 1040 (Individual) or Forms 1065/1120/1120-S (Business).
- Preparation of state subsidiary returns where you have indicated nexus.
- Providing a draft for your review and approval.
Exclusions: Unless specifically engaged in writing, our services do not include financial statement auditing, bookkeeping, payroll compliance, sales tax filing, or tax planning/projections.
2. Client Responsibilities
The accuracy of your return depends entirely on the information you provide. You agree to:
- Completeness: Provide all necessary information, income records, and expense logs in a timely manner.
- Substantiation: Retain all original receipts, canceled checks, mileage logs, and other proof of deductions. You understand that the tax law requires you (not the Firm) to keep these records.
- Review: Carefully review the draft return for accuracy before signing the e-file authorization. You bear final responsibility for the return's content.
⚠️ Warning on Estimates
We do not use estimates unless specifically allowed by tax law. If you provide round numbers (e.g., "$5,000 for travel"), we may ask for documentation. We reserve the right to withdraw if we suspect data fabrication.
3. E-Filing Process
We are an Authorized IRS e-file Provider. To file your return, the following steps must occur:
- Form 8879: You must digitally sign Form 8879 (E-File Authorization). We cannot legally press the "send" button without this.
- Payment: All invoices must be paid in full before filing.
- Rejections: If a return is rejected (e.g., due to a mismatching birth date or duplicate SSN), we will notify you. Correcting data entry errors is free; correcting errors caused by your misinformation may incur fees.
4. Foreign Accounts & Virtual Currency
The IRS requires specific disclosures for offshore assets and cryptocurrency. Failure to report these can result in confiscatory penalties (often starting at $10,000 per violation).
4.1 Foreign Bank Accounts (FBAR)
You must inform us if you have a financial interest in, or signature authority over, foreign accounts exceeding $10,000 in aggregate value at any time during the year. FBAR filing is a separate engagement from your tax return.
4.2 Virtual Currency / Crypto
You must disclose if you sold, exchanged, gifted, mined, or staked cryptocurrency. We rely on you to provide accurate gain/loss reports from your exchanges or crypto-tax software.
5. Audit Support Policy
Tax preparation and Tax Representation are distinct services.
- Standard Service: Our fee covers the preparation of the return only. It does not include responding to IRS/State inquiries.
- Notices: If you receive a notice, contact us immediately. Reviewing the notice and drafting a response will be billed at our standard hourly rates ($250/hr).
- Firm Errors: If a notice arises solely due to our data entry error, we will resolve it at no cost to you and reimburse valid penalties. We are not responsible for taxes owed.
6. Fees & Billing
Fees are generally based on the forms required and the complexity of your situation.
- Retainers: New business clients may be asked for a 50% retainer before work begins.
- "Shoebox" Fee: If you provide disorganized records requiring us to tally receipts, we charge a bookkeeping rate of $125/hour.
- Expedited Fee: Data received within 14 days of the tax deadline is subject to a 25% rush fee.
- Non-Payment: We reserve the right to suspend services or withhold e-filing if fees are outstanding.
7. Record Retention & Privacy
In accordance with AICPA standards and our Privacy Policy:
- We retain copies of your tax returns and workpapers for seven (7) years.
- After 7 years, files are securely destroyed.
- We utilize SOC-2 compliant cloud portals for data storage. By using our services, you consent to the storage of your data on these secure third-party servers.
8. Limitation of Liability & Indemnification
Limitation: To the maximum extent permitted by law, the Firm's liability for any claim arising out of this engagement shall not exceed the total fees paid by the Client for the services rendering the liability.
Indemnification: You agree to indemnify and hold the Firm harmless from any liability, costs, or penalties resulting from knowing misrepresentations made by you or your failure to provide complete information.
9. Termination
Either party may terminate this engagement at any time by written notice. If terminated:
- You will be billed for all work performed (WIP) up to the date of termination.
- We will return all your original documents.
10. General Provisions
Governing Law: These terms are governed by the laws of the state in which our primary office is located.
Severability: If any provision of these Terms is held unenforceable, the remaining provisions shall remain in full force.
Circular 230 Disclosure: Any tax advice contained in our communications is not intended to be used for the purpose of avoiding penalties under the Internal Revenue Code.
End of Terms
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