TERMS OF BUSINESS

 

The following terms of business apply to all engagements accepted by Creative Tax Reliefs Limited.   All work is carried out under these terms except where changes are expressly agreed in writing.

1. APPLICABLE  LAW

1.1  Our engagement letter, the schedules of services and our standard terms and conditions of business are governed by and should be construed in accordance with English law. Each party agrees that the courts of England will have exclusive jurisdiction in relation to any claim, dispute or difference concerning this engagement letter and any matter arising from it on any basis. Each party irrevocably waives any right to object to any action being brought in those courts, to claim that the action has been brought in an inappropriate forum, or to claim that those courts do not have jurisdiction.

1.2 We will not accept responsibility if you act on advice previously given by us without first confirming with us that the advice is still valid in light of any change in the law or in your circumstances. We will accept no liability for losses arising from changes in the law, or the interpretation thereof, that occur after the date on which the advice is given.

2. CLIENT IDENTIFICATION               

2.1 As with other professional services firms, we are required to identify our clients for the purposes of the UK anti-money laundering legislation. We may request from you, and retain, such information and documentation as we require for these purposes and/or make searches of appropriate databases. If we are not able to obtain satisfactory evidence of your identity, we will not be able to proceed with the engagement.

2.2 If you undertake business that requires you to be supervised by an appropriate supervisory authority to follow anti-money laundering regulations including if you accept or make a high value cash payment of €10,000 or more (or equivalent in any currency) in exchange for goods you should inform us.

2.3 Any personal data received from you to comply with our obligations under The Money Laundering, Terrorist Financing and Transfer for Funds (Information on the Payer)

2.4 Regulations 2017 (MLR 2017) will be processed only for the purposes of preventing money laundering or terrorist financing. No other use will be made of this personal data unless use of the data is permitted by or under enactment other than the MLR 2017, or we have obtained the consent of the data subject to the proposed use of the data.

3. CONFIDENTIALITY

3.1 Unless we are authorised by you to disclose information on your behalf, we confirm that if you give us confidential information we will, at all times during and after this engagement, keep it confidential, except as required by law or as provided for in regulatory, ethical or other professional pronouncements applicable to us or our engagement.

3.2 You agree that, if we act for other clients who are or who become your competitors, to comply with our duty of confidentiality it will be sufficient for us to take such steps as we think appropriate to preserve the confidentiality of information given to us by you, both during and after this engagement. These may include taking the same or similar steps as we take in respect of the confidentiality of our own information.

3.3 In addition, if we act for other clients whose interests are or may be adverse to yours, we will manage the conflict by implementing additional safeguards to preserve confidentiality. Safeguards may include measures such as separate teams, physical separation of teams, and separate arrangements for storage of, and access to, information.

3.4 You agree that the effective implementation of such steps or safeguards as described above will provide adequate measures to avoid any real risk of confidentiality being impaired.

3.5 We may, on occasions, subcontract work on your affairs to other tax or accounting professionals. The subcontractors will be bound by our client confidentiality terms.

3.6 We will inform you of the proposed use of a subcontractor before they commence work, except where your data will not be transferred out of our systems and the subcontractor is bound by confidentiality terms equivalent to an employee.

3.7 If we use external or cloud-based systems, we will ensure confidentiality of your information is maintained.

3.8 This applies in addition to our obligations on data protection in section [7]

4. CONFLICT OF INTERESTS                 

4.1 We will inform you if we become aware of any conflict of interest in our relationship with you or in our relationship with you and another client unless we are unable to do so because of our confidentiality obligations. [We have safeguards that can be implemented to protect the interests of different clients if a conflict arises.] If conflicts are identified which cannot be managed in a way that protects your interests, we regret that we will be unable to provide further services.

4.2 If there is a conflict of interest that is capable of being addressed successfully by the adoption of suitable safeguards to protect your interests, we will adopt those safeguards. In resolving the conflict, we would be guided by ICAEW’s Code of Ethics, which can be viewed at icaew.com/en/membership/regulations-standards-and-guidance/ethics. During and after our engagement, you agree that we reserve the right to act for other clients whose interests are or may compete with or be adverse to yours, subject, of course, to our obligations of confidentiality and the safeguards set out in the paragraph on confidentiality above.

5. DATA PROTECTION

5.1 In this clause [7], the following definitions shall apply:

‘client personal data’ means any personal data provided to us by you, or on your behalf, for the purpose of providing our services to you, pursuant to our engagement letter with you;

‘data protection legislation’ means all applicable privacy and data protection legislation and regulations including PECR, the GDPR and any applicable national laws, regulations and secondary legislation in the UK relating to the processing of personal data and the privacy of electronic communications, as amended, replaced or updated from time to time;

‘controller’, ‘data subject’, ‘personal data’, and ‘process’ shall have the meanings given to them in the data protection legislation;

‘GDPR’ means the General Data Protection Regulation ((EU) 2016/679); and

‘PECR’ means the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003).

5.2 We shall each be considered an independent data controller in relation to the client personal data. Each of us will comply with all requirements and obligations applicable to us under the data protection legislation in respect of the client personal data.

5.3 You shall only disclose client personal data to us where:

        1.a you have provided the necessary information to the relevant data subjects regarding its use

        1.b you have a lawful basis upon which to do so, which, in the absence of any other lawful basis, shall be with the relevant data subject’s consent; and

        1.c you have complied with the necessary requirements under the data protection legislation to enable you to do so.

5.4 Should you require any further details regarding our treatment of personal data, please contact Sandra Lee via email at [email protected]

5.5 We shall only process the client personal data:

        1.a in order to provide our services to you and perform any other obligations in accordance with our engagement with you;

        1.b in order to comply with our legal or regulatory obligations; and

        1.c where it is necessary for the purposes of our legitimate interests and those interests are not overridden by the data subjects’ own privacy     rights. Our privacy notice (available at www.creativetaxreliefs.com  contains further details as to how we may process client personal data.)

5.6 For the purpose of providing our services to you, we may disclose the client personal data to our regulatory bodies or other third parties (for example, our professional advisors or service providers). The third parties to whom we disclose such personal data may be located outside of the European Economic Area (EEA). We will only disclose client personal data to a third party (including a third party outside of the EEA) provided that the transfer is undertaken in compliance with the data protection legislation.

5.7 We shall maintain commercially reasonable and appropriate security measures, including administrative, physical and technical safeguards, to protect against unauthorised or unlawful processing of the client personal data and against accidental loss or destruction of, or damage to, the client personal data.

5.8 In respect of the client personal data, provided that we are legally permitted to do so, we shall promptly notify you in the event that:

        (a) we receive a request, complaint or any adverse correspondence from or on behalf of a relevant data subject, to exercise their data subject rights under the data protection legislation or in respect of our processing of their personal data;

        (b) we are served with an information, enforcement or assessment notice (or any similar notices), or receive any other material communication in respect of our processing of the client personal data from a supervisory authority as defined in the data protection                        legislation (for example in the UK, the Information Commissioner’s Officer); or

        (c) we reasonably believe that there has been any incident which resulted in the accidental or unauthorised access to, or destruction, loss, unauthorised disclosure or alteration of, the client personal data.

5.9 Upon the reasonable request of the other, we shall each co-operate with the other and take such reasonable commercial steps or provide such information as is necessary to enable each of us to comply with the data protection legislation in respect of the services provided to you in accordance with our engagement letter with you in relation to those services.

6. DISENGAGEMENT

6.1 If we resign or are asked to resign, we will normally issue a disengagement letter to ensure that our respective responsibilities are clear. If we have no contact with you for a period of 12 months or more, we may issue to your last known address a disengagement letter and thereafter cease to act.

7. ELECTRONIC AND OTHER COMMUNICATION                

7.1 Unless you instruct us otherwise, we may, if appropriate, communicate with you and with third parties by email or other electronic means. The recipient is responsible for virus checking emails and any attachments.

7.2 With electronic communication, there is a risk of non-receipt, delayed receipt, inadvertent misdirection or interception by third parties. We use virus-scanning software to reduce the risk of viruses and similar damaging items being transmitted in emails or by electronic storage devices. Nevertheless, electronic communication is not totally secure and we cannot be held responsible for damage or loss caused by viruses or for communications which are corrupted or altered after despatch. Nor can we accept any liability for problems or accidental errors relating to this means of communication, especially in relation to commercially sensitive material. These are risks you must bear in return for greater efficiency and lower costs. If you do not wish to accept these risks, please let us know and we will communicate by paper mail, other than when electronic submission is mandatory.

7.3 Any communication by us with you sent through the postal system is deemed to arrive at your postal address two working days after the day the document was sent.

8. FEES AND PAYMENT TERMS

8.1 Our fees will be stated in our Letter of Engagement.

8.2 We may indicate a fixed fee for the provision of specific services or an indicative range of fees for a particular assignment. It is not our practice to identify fixed fees for more than a year ahead as such fee quotes need to be reviewed in the light of events. If it becomes apparent to us, due to unforeseen circumstances, that a fee quote is inadequate, we reserve the right to notify you of a revised figure or range and to seek your agreement thereto.

8.3 We will issue our invoice on completion of the work. Payment of the invoice will be due within 30 days of issue.

8.4 Unless otherwise agreed to the contrary, our fees do not include the costs of any third party, counsel or other professional fees. If these costs are incurred to fulfil our engagement, such necessary additional charges may be payable by you.

8.5 We reserve the right to charge interest on late paid invoices at the rate of [8%] above bank base rates under the Late Payment of Commercial Debts (Interest) Act 1998. We also reserve the right to suspend our services or to cease to act for you, having given written notice, if payment of any fees is unduly delayed. We intend to exercise these rights only if it is fair and reasonable to do so.

8.6 If you do not accept that an invoiced fee is fair and reasonable, you must notify us within 21 days of receipt, failing which, you will be deemed to have accepted that payment is due.

8.7 If a client company, trust or other entity is unable or unwilling to settle our fees, we reserve the right to seek payment from the individual (or parent company) giving us instructions on behalf of the client, and we shall be entitled to enforce any sums due against the group company or individual nominated to act for you.

9. HELP US TO GIVE YOU THE BEST SERVICE

9.1 We are committed to providing you with a high-quality service that is both efficient and effective. If, at any point you would like to discuss with us how our service to you could be improved, or if you are dissatisfied with the service you are receiving, please let us know by contacting Graham Suggett via email at [email protected]

9.2 We will carefully consider any complaint you may make about our service as soon as we receive it and do all we can to explain the position to you. We will acknowledge your letter within five business days of its receipt and endeavour to deal with your complaint within eight weeks.

10. Intellectual property rights and use of our name

10.1 We will retain all intellectual property rights in any document prepared by us during the course of carrying out the engagement except where the law specifically states otherwise.

10.2 You are not permitted to use our name in any statement or document you may issue unless our prior written consent has been obtained. The only exception to this restriction would be statements or documents that, in accordance with applicable law, are to be made public.

11. INTERPRETATION         

11.1 If any provision of our engagement letter or terms of business is held to be void, that provision will be deemed not to form part of this contract. In the event of any conflict between these terms of business and the engagement letter or appendices, the relevant provision in the engagement letter or schedules will take precedence.

12. INTERNAL DISPUTES WITHIN A CLIENT 

12.1 If we become aware of a dispute between the parties who own the business or who are in some way involved in its ownership and management, it should be noted that our client is the business and we would not provide information or services to one party without the express knowledge and permission of all parties. Unless otherwise agreed by all parties, we will continue to supply information to the registered office or normal place of business for the attention of the directors, partners or trustees. If conflicting advice, information or instructions are received from different directors, partners or trustees in the business, we will refer the matter back to the board of directors, the partnership or board of trustees and take no further action until the board or partnership has agreed the action to be taken.

13. LIEN

13.1 Insofar as we are permitted to so by law or by professional guidelines, we reserve the right to exercise a lien over all funds, documents and records in our possession relating to all engagements for you until all outstanding fees and disbursements are paid in full.

14. LIMITATION OF THIRD-PARTY RIGHTS

14.1 The advice and information we provide to you as part of our service is for your sole use, and not for any third party to whom you may communicate it, unless we have expressly agreed in the engagement letter that a specified third party may rely on our work. We accept no responsibility to third parties, including any group company to whom the engagement letter is not addressed, for any advice, information or material produced as part of our work for you which you make available to them. A party to this agreement is the only person who has the right to enforce any of its terms, and no rights or benefits are conferred on any third party under the Contracts (Rights of Third Parties) Act 1999.

15. PERIOD OF ENGAGEMENT AND TERMINATION

15.1 Unless otherwise agreed in our engagement letter, our work will begin when we receive implicit or explicit acceptance of that letter. Except as stated in that letter, we will not be responsible for periods before that date.

15.2 Each of us may terminate our agreement by giving not less than 21 days’ notice in writing to the other party except if you fail to cooperate with us or we have reason to believe that you have provided us [or HMRC] with misleading information, in which case we may terminate this agreement immediately. Termination will be without prejudice to any rights that may have accrued to either of us before termination.

15.3 We reserve the right to terminate the engagement between us with immediate effect in the event of your insolvency, bankruptcy or other arrangement being reached with creditors; an independence issue or change in the law which means we can no longer act; failure to pay our fees by the due dates; or either party being in breach of their obligations if this is not corrected within 30 days of being asked to do so.

15.4 In the event of termination of our contract, we will endeavour to agree with you the arrangements for the completion of work in progress at that time, unless we are required for legal or regulatory reasons to cease work immediately. In that event, we will not be required to carry out further work and shall not be responsible or liable for any consequences arising from termination.

16. QUALITY CONTROL

16.1 When dealing with HMRC on your behalf we are required to be honest and to take reasonable care to ensure that your returns are correct. To enable us to do this, you are required to be honest with us and to provide us with all necessary information in a timely manner. For more information about ‘Your Charter’ for your dealings with HMRC, visit www.gov.uk/government/publications/your-charter. To the best of our abilities, we will ensure that HMRC meet their side of the Charter in their dealings with you.

17. RELIANCE ON ADVICE

17.1 We will endeavour to record all advice on important matters in writing. Advice given orally is not intended to be relied upon unless confirmed in writing. Therefore, if we provide oral advice (for example, during the course of a meeting or a telephone conversation) and you wish to be able to rely on that advice, you must ask for the advice to be confirmed by us in writing. Advice is valid as at the date it was given.

18. RETENTION OF PAPERS

18.1 You have a legal responsibility to retain documents and records relevant to your financial affairs. During the course of our work we may collect information from you and others relevant to your tax and financial affairs. We will return any original documents to you [if requested]. Documents and records relevant to your tax affairs are required by law to be retained as follows:

 Individuals,trustees and partnerships:

a        with trading or rental income: five years and 10 months after the end of the tax year

b        otherwise: 22 months after the end of the tax year.

 Companies,Limited Liability Partnerships, and other corporate entities:

c         six years from the end of the accounting period.

 18.2 Although certain documents may legally belong to you, we may destroy correspondence and other papers that we store electronically or otherwise that are more than [seven] years old, except documents we think may be of continuing significance. You must tell us if you wish us to keep any document for any longer period.

19. THE PROVISION OF SERVICES REGULATIONS 2009

19.1 Our professional indemnity insurer is Hiscox Underwriting Limited of 1 Great St Helen’s, London, EC3A 6HX. The territorial coverage is worldwide, excluding professional business carried out from an office in the United States of America or Canada, and excludes any action for a claim brought in any court in the United States or Canada.

20. TIMING OF OUR SERVICES

20.1 If you provide us with all information and explanations on a timely basis in accordance with our requirements, we will plan to undertake the work within a reasonable period of time to meet any regulatory deadlines. However, failure to complete our services before any such regulatory deadline would not, of itself, mean that we are liable for any penalty or additional costs arising.

 

 Version:

11th January 2021

Testimonials

"Worth every penny"
Mary Nri - Finance Director of The Albany
"I found Graham and Creative Tax Reliefs through a Google search as we had a client that was eligible for Theatre Tax Relief (TTR). I and a colleague had read through HMRC’s guidance a number of times and felt confident that we understood how it worked, however, we had no experience in claiming TTR. It seemed a no-brainer to work with Graham because Graham, as a former Creative Tax Reliefs specialist with HMRC, knew how to prepare and present claims to HMRC, would be certain of the calculations, knew where the boundaries were and would achieve maximum benefit for the client. We prepared the accounts and submitted the CT600 as per usual with input from Graham whilst he liaised directly with HMRC’s Creative Industries Unit in respect of the client’s TTR claim. The client received their tax credit without issue and in an amount greater than expected. Our client was delighted as were we and we look forward to working with Graham going forward. "
Ian Bragger, Partner at Harris & Co (https://www.harrisaccounts.co.uk/)
"I am so pleased and relieved that Graham got in touch with me about Theatre Tax Relief. I had mistakenly thought that we were not eligible but so far Graham has claimed nearly £100,000 in tax credit for us. This is not only an enormous benefit and can be ploughed back into the work that we do but it would have been extremely short-sighted of us not to be claiming the money that is due to us. Graham has made the whole process so simple and easy. I cannot recommend him highly enough"
Sarah Gobran, Co-Founder & Producer of The Guildford Shakespeare Company (https://www.guildford-shakespeare-company.co.uk)
"NCO engaged Graham at the start of 2019 and has developed a wholly positive and ongoing relationship ever since. Not only has Graham increased our understanding of OTR and how it applies to NCO, he has taken all the stress and strain away from the process. His previous experience as a tax specialist at HMRC has proved invaluable as has his ability to explain the complexities to us in a way we can understand! I cannot recommend Graham more highly. "
Sophie Lewis, Managing Director of the National Children's Orchestras of Great Britain (https://www.nco.org.uk)
"Our accountant struggled with VGTR so we engaged Graham and his company. Graham prepared all the necessary computations and submitted the claim on our behalf. This was paid by HMRC without question and in an amount in excess of what we had previously expected. We are delighted and cannot recommend Graham or his company highly enough"
Ashley Stancill, Director at HyperSloth Games (https://www.hypersloth.co.uk)
"It was a pleasure working with Graham on our claim for Film Tax Credit for Stuffed. For independent creators working in Film and TV, the Tax Credit is a vital part of making your film a reality. Graham is an assured and calm voice in the often-intimidating world of tax. I’d highly recommend Graham to my colleagues working in Film and TV. "
Carys Lewis, writer and director of the 2019 BAFTA Cymru Nominee short film Stuffed (http://www.caryslewis.ca/)
"I was recommended Graham and Creative Tax Reliefs by a colleague and I cannot recommend their services more highly. Graham took me through what Theatre Tax relief was, how it worked and what was eligible, and was very patient with my questions and the need to be gently spoon fed the information! Creative Tax Reliefs also worked on our end of year accounts, and the Accountant Neil was also wonderful and clear at taking me through every step, as this was our first production and end of year accounts as a company. I look forward to working with Graham and his team again! "
Rose Hall, Co-Director of Palmer & Hall Music (www.deadequal.com)
"Graham explained very clearly what was needed and then delivered exactly as he said he would. Graham prepared the computations and submitted the claims on our behalf and we didn't have to deal with HMRC at all. This was the easiest piece of tax work that we have ever had to do"
Matthew Quirk of The Merry Opera Company (https://www.merryopera.co.uk)
"With no clear guidance on how to claim Theatre Tax Relief and after spending a considerable amount of time consulting with colleagues, accountants, reading huge, incomprehensible HMRC guidelines and generally worrying that the company was missing the TTR boat, I spoke to Graham. Everything was plain sailing for us after the initial consultation – with very little effort on our part, Graham made a successful submission and we have just received a substantial payment. I am delighted at the outcome and have no hesitation in recommending Graham and his company"
Sue Andrews, former Executive Director of Northern Broadsides Theatre Company (https://www.northern-broadsides.co.uk)
"It was a pleasure to work with Graham. He explained the process very clearly, prepared all the necessary computations and submitted the claims on our behalf. We are extremely delighted with the outcome and have no hesitation whatsoever in recommending Graham and his Company to others"
Sylvia Collins of the Huddersfield Light Opera Company
"I have been aware of Theatre Tax Relief for a few years now but the process of claiming the money was daunting. We didn't have the resources or the expertise to make the claim. Graham made the process of claiming Theatre Tax Relief very straight forward. He kept me informed of developments and answered all my questions. I provided him with information and he did the rest"
Shona Rattray, General Manager of the Hopscotch Theatre Company (https://www.hopscotchtheatre.com)
"Thanks so much Graham! You and Creative Tax Reliefs are the best. "
Ellie Claughton, Producer with Lung Theatre (http://lungtheatre.co.uk) and Barrel Organ (https://www.barrelorgantheatre.co.uk)
"For a small theatre company like us navigating Theatre Tax Relief was a daunting prospect. Having the support and expertise of Creative Tax Reliefs was absolutely brilliant. Graham explained everything and did a fantastic job sorting out the different projects we had been working on, calculated what we could claim and did all the leg work. The Tax Relief we received from HMRC helped us take our show to the Edinburgh Fringe, something we certainly couldn't have done without this extra funding. We would highly recommend Creative Tax Reliefs and will certainly be using them again in the future. "
Jasmine Cole of Jasmine Cole Productions
"When I first heard from Graham I have to say I was more than a little sceptical. Why had no one mentioned this to us before? The information seemed so monumental – shouldn’t it have been on the news? Within a few emails and phone conversations, we had provided all the information necessary and had everything thoroughly explained to us. Within two weeks we had received the tax credit into our bank account! Creative Tax Reliefs are amazing!"
Clare Molyneux, Artistic Director of Open The Door (Theatre in Education) C.I.C.
"When Graham first contacted us, we hadn’t heard of Theatre Tax Relief, which made us fairly wary. Graham took the time and care to explain it all to us and how the process would work. Initially, we were sceptical and worried about the time it would take for us to collate all the information needed for the claim. However, we needn’t have worried, Graham helped us every step of the way and made the process simple and quick. We would recommend working with Graham in an instant."
Fliss Green, Senior Strategy & Project Manager of Chain Reaction Theatre Company (https://www.chainreactiontheatre.co.uk)

CREATIVE TAX RELIEF UPDATES

 


XERO certified
XERO certified
Posted 10/03/2021

Pleased to announce that we are now XERO certified 

WE ARE DELIGHTED TO WELCOME NICK TO THE TEAM
WE ARE DELIGHTED TO WELCOME NICK TO THE TEAM
Posted 05/03/2021

Creative Tax Reliefs are delighted to welcome Nick Paladina FCA to the team. Nic.....Read More

We have now claimed over £5 million of Creative Industry tax credits for our clients
We have now claimed over £5 million of Creative Industry tax credits for our clients
Posted 21/01/2021

We have now claimed over £5 million of Creative Industry tax credits for o.....Read More

We are delighted to welcome Neil to the team
We are delighted to welcome Neil to the team
Posted 01/01/2021

Creative Tax Reliefs are delighted to welcome Neil Adshead FCA to the team. .....Read More

F14A Bolton Arena, Horwich, Bolton, BL6 6LB.

 

 

 

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