Thank you for selecting us to assist with tax services.
This Tax Services Agreement (“Agreement”) is entered into between the entity identified on the applicable Order Form as the tax services provider (“we,” “us,” or “our”) and each subscribing business (“Company,” “you,” or “your”). This Agreement, together with any executed Order Form(s) and associated scopes of work, governs the provision of tax preparation services and research and development (“R&D”) tax credit services, as applicable (collectively, the “Services”).
The Agreement is effective as of the date the first Order Form is executed by both parties. In the event of a conflict between this Agreement and an Order Form, the Order Form will control.
This Agreement establishes the terms under which we will provide tax-related services to the Company, as specifically described in the applicable Order Form.
We may perform some or all Services through third-party tax service providers or R&D tax service providers, including their Affiliates, some of which may be located outside the United States (each, a “Service Provider”). We remain responsible to you for Services performed by Service Providers in accordance with this Agreement.
All Service Providers are contractually bound to confidentiality obligations substantially similar to those contained herein.
You hereby consent to the disclosure and use of tax return information as required to provide the Services, including disclosure to and use by:
This consent covers financial, business, ownership, and tax return information communicated through Crede’s systems or otherwise provided to perform the Services, including use outside the United States where necessary.
This consent applies for the initial subscription period and any renewal periods and remains valid for as long as there is a legitimate business purpose or until the applicable statute of limitations expires. You may contact Crede or us to request limitations on disclosures, subject to legal requirements.
If reflected in your Order Form, we will provide the following tax preparation services (“Tax Preparation Services”):
Unless expressly included in the Order Form, Tax Preparation Services do not include:
Additional filings may be provided only upon written request and written acceptance, and may be subject to additional fees.
We may advise on unclear tax positions using a “more likely than not” standard where appropriate. You agree to follow reasonable disclosure guidance provided to mitigate preparer penalties.
You remain responsible for identifying filing requirements, including those arising from new activities, new jurisdictions, foreign accounts, or ownership interests in pass-through entities. We do not file Commerce Department reports or surveys.
You are responsible for:
Tax returns do not constitute GAAP financial statements and should be used solely for tax purposes.
Tax authorities may audit your returns. Any proposed adjustments may be subject to appeal.
You are responsible for identifying foreign reporting obligations (e.g., FBAR, Forms 5471). We may assist with preparation if ordered. Substantial penalties apply for noncompliance.
If reflected in your Order Form, we will provide R&D tax credit services (“R&D Credit Services”), which may include:
There is no guarantee that tax authorities will accept R&D positions or credit amounts. Audits may occur.
We or the applicable Service Provider will retain copies of engagement records and workpapers for seven (7) years from the applicable return due date. Original records remain your responsibility.
Fees are set forth in the Order Form.
Unless otherwise specified, services include:
Additional complexity (e.g., foreign shareholders, accounting method changes) may result in additional fees.
We do not verify crypto asset values provided by you.
If taxes are owed, you authorize us to remit payment via your designated payment method, subject to additional authorization thresholds.
R&D Credit Services require an upfront payment, generally non-refundable, except:
Payments are collected via ACH through Crede. You represent that the account authorized is a business account. All fees are exclusive of taxes. Nonpayment may result in suspension of services.
Either party may terminate Services upon written notice. Prepaid fees for unperformed services will be refunded upon our resignation.
Our aggregate liability is limited to the fees paid for the nonconforming services. We disclaim all liability for indirect, consequential, or punitive damages.
You agree to indemnify us and our Service Providers for losses arising from:
This Agreement is governed by California law. Jury trial rights are waived to the extent permitted by law. Arbitration provisions incorporated from the Crede Subscription Agreement apply unless opted out.
Confidentiality obligations incorporate and modify the Crede Subscription Agreement confidentiality provisions, including special treatment of tax return information under Treasury Regulation § 301.7216.
This Agreement constitutes the entire agreement regarding its subject matter and supersedes prior agreements. Assignment restrictions apply. Tax-year-based subscriptions may be aligned to your tax year with corresponding billing adjustments.
