Master Professional Engagement Agreement
UniFinTax Terms of Service
Entity: UniFinTax Inc.
Jurisdiction: North Carolina, USA
Governing Circular: 31 CFR Part 10
1. Scope of Engagement & Services Provided
UniFinTax Inc. ("UniFinTax", "we", "us", or "our") provides professional United States federal, state, and local income tax preparation, expatriate and nonresident tax compliance, foreign financial account reporting (FinCEN Form 114 / FBAR and FATCA Form 8938), cross-border tax advisory, and IRS notice response services.
Our engagement is strictly limited to the specific tax years and jurisdictions expressly agreed upon in your engagement order confirmation or client portal dashboard. We will prepare your tax returns solely based on the information, documents, statements, and explanations provided by you. Our services do not include an audit, examination, or independent verification of your financial records, and will not be relied upon to discover errors, fraud, or illegal acts.
2. Treasury Department Circular 230 Standards
All services rendered by UniFinTax, its licensed Certified Public Accountants (CPAs), and Enrolled Agents (EAs) are performed in strict adherence to Treasury Department Circular No. 230 (31 C.F.R. Part 10) governing practice before the Internal Revenue Service. Under these standards:
- Substantial Authority Standard: We will not sign any tax return or advise you to take any position unless there is substantial authority for that position, or a reasonable basis for the position that is adequately disclosed on the return (e.g., via Form 8275).
- Due Diligence: We must exercise due diligence in preparing or assisting in the preparation of returns, approving claims, and determining the correctness of representations made to the Department of the Treasury.
- No Unrealistic Positions: We are prohibited from taking positions that exploit the IRS audit selection process or that are frivolous or unsustainable under current tax jurisprudence.
3. Taxpayer Responsibilities & Penalty of Perjury
United States tax law imposes the ultimate legal responsibility for the accuracy and completeness of any filed tax return upon you, the taxpayer. By engaging UniFinTax, you affirm, understand, and agree that:
- Worldwide Income Disclosure: If you are a US citizen, lawful permanent resident (Green Card holder), or resident alien under the Substantial Presence Test, you are legally required to report worldwide income from all sources inside and outside the United States.
- Foreign Asset Reporting: You are responsible for informing us of all foreign bank accounts, financial interests, signature authority, foreign mutual funds (PFIC), and foreign corporation shares requiring disclosure under FinCEN 114 (FBAR), Form 8938, Form 5471, or Form 8621.
- Documentation Maintenance: You are required under Internal Revenue Code § 6001 to retain all underlying receipts, bank statements, canceled checks, mileage logs, and other corroborating records for at least three (3) years from the date of filing (six years in cases of substantial omission).
- Submissions Under Perjury: You verify that all figures, summaries, questionnaires, and uploaded documents submitted to our portal are true, correct, and complete to the best of your knowledge under penalty of perjury.
4. Electronic Filing & Form 8879 E-Signature Validity
UniFinTax is an authorized IRS Electronic Return Originator (ERO). As required by IRS Modernized e-File (MeF) mandates:
No return will be electronically transmitted to the IRS or state tax agency until you have thoroughly reviewed your completed return draft and executed IRS Form 8879 (IRS e-file Signature Authorization).
In compliance with the federal Electronic Signatures in Global and National Commerce Act (ESIGN, 15 U.S.C. § 7001) and state Uniform Electronic Transactions Acts (UETA), your electronic signature executed via our secure portal carries the same legal weight, validity, and enforceability as an ink handwritten signature. For returns filed jointly under status Married Filing Jointly (MFJ), both spouses must independently sign Form 8879 prior to transmission.
5. Professional Fees, Invoicing & Payment Terms
Our professional preparation fees are determined based on the complexity of your tax filings, number of states involved, and statutory disclosure forms required (e.g., Schedule C, Schedule E rental properties, Form 8938, Form 5471, and FinCEN 114).
- Transparent Upfront Quotations: You will receive a serialized itemized invoice (format
INV-YYYY-XXXXXX) outlining all professional charges before your return is finalized.
- Payment Prior to Transmission: In accordance with standard professional practice, payment in full must be cleared prior to releasing the unwatermarked final return or transmitting Form 8879 to the IRS/state.
- Accepted Payment Methods: We accept major credit/debit cards via Stripe (Visa, MasterCard, American Express), PayPal, and Indian Rupee UPI/Net Banking via Razorpay. Client is responsible for any applicable wire transfer or currency conversion surcharges.
6. Refund & Credit Note Policy
Because tax preparation entails professional CPA labor, research, and analysis committed immediately upon receipt of your tax documents, our refund policy is strictly structured as follows:
- Before Preparer Assignment: If you request cancellation before a CPA or Enrolled Agent has begun working on your case, a 100% full refund will be issued to your original payment method.
- During Preparation / Draft Stage: If draft calculations have already been performed and you elect to discontinue service, an administrative fee of $75 or 50% of the engagement value (whichever is lower) will be retained to cover CPA billable time, with the remainder credited or refunded.
- After Form 8879 Execution or IRS Transmission: Once Form 8879 has been signed or the return has been transmitted via MeF, fees are completely non-refundable. Any approved adjustments will be issued via serialized Credit Note (
CRN-YYYY-XXXXX) for future tax years.
7. Filing Extensions (Form 4868 / Form 7004)
If you or UniFinTax file an Application for Automatic Extension of Time To File (IRS Form 4868 for individuals, or Form 7004 for business entities), you acknowledge the fundamental statutory distinction governed by Internal Revenue Code § 6081:
CRITICAL STATUTORY NOTICE: An extension of time to FILE your tax return is NOT an extension of time to PAY your taxes. Any tax liability owed must be paid to the IRS by the original statutory due date (typically April 15) to prevent mandatory failure-to-pay penalties (IRC § 6651(a)(2)) and daily compounding statutory interest (IRC § 6601).
8. IRS & State Notice Defense & Representation
In the event the IRS or any state tax department issues a math error notice, CP2000 under-reporting notice, or audit inquiry concerning a return prepared by UniFinTax:
- Mathematical & Clerical Inquiries: We provide complimentary review and response guidance for inquiries arising directly from clerical or mathematical entries prepared by our firm.
- Formal Audits & Examinations: Formal field audits, in-person examination defense, or issues arising from undisclosed taxpayer income/assets fall outside the scope of base preparation and require a separate Power of Attorney (IRS Form 2848 / State POA) and formal representation retainer agreement.
9. Limitation of Liability
To the maximum extent permitted by applicable law, the cumulative aggregate liability of UniFinTax Inc., its officers, CPAs, agents, and affiliates arising out of or related to this engagement, whether in contract, tort (including negligence), or otherwise, shall not exceed the total professional preparation fees paid by you to UniFinTax for the specific tax return year giving rise to the claim.
In no event shall UniFinTax be liable for any indirect, consequential, punitive, or special damages, or for penalties and interest assessed by tax authorities resulting from late document submission, inaccurate client figures, or omission of reportable foreign assets.
10. Governing Law, Venue & Arbitration
This Agreement, and all claims or causes of action (whether in contract, tort, or statute) that may be based upon, arise out of, or relate to this Agreement, shall be governed by and enforced in accordance with the laws of the State of North Carolina, without regard to conflict of law principles.
Any controversy, claim, or dispute arising out of or relating to this contract, or the breach thereof, shall be settled by binding commercial arbitration administered by the American Arbitration Association (AAA) in Mecklenburg County, North Carolina, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
