Terms of Engagement for Professional Services

1. Purpose and application

These Terms of Engagement apply to professional services provided by AIM S Australia Pty Ltd, trading as AIM S Australia and AIMS Australia Tax Accountants.

These Terms should be read together with any client-specific engagement letter, accepted scope, quote, proposal, invoice, client checklist, client portal workflow, written advice, email confirmation, electronic signature request, or other written confirmation issued by us.

If there is any inconsistency between these Terms and a client-specific engagement letter, accepted written scope, invoice, proposal, portal workflow or later written variation, the client-specific written document prevails to the extent of the inconsistency.

2. Assignment-based engagements

Unless we expressly agree otherwise in writing, each engagement is assignment-based and limited to the specific client, entity, income year, period, service or defined scope agreed in writing.

An engagement does not automatically extend to future income years, future tax returns, future BAS, IAS or other lodgments, related entities, spouses, partners, family members, associated entities, future ATO correspondence, ATO reviews, audits, objections, disputes, prior-year amendments, advisory work not included in scope, ongoing monitoring or ongoing retainer services.

A new engagement, new written scope or new engagement letter is required before AIM S Australia Pty Ltd is obliged to provide additional services after the agreed work is completed.

3. Professional status

AIM S Australia Pty Ltd is a registered tax agent with the Tax Practitioners Board under registration number 24859230.

ABN Lookup records the entity name as AIM S AUSTRALIA PTY. LTD., ABN status active from 23 July 2012, entity type Australian Private Company, GST registration from 24 July 2015, main business location VIC 3000, and ASIC registration ACN 159 602 276. The current business names recorded for the ABN are AIM S AUSTRALIA and AIMS Australia Tax Accountants.

The practice operates as a CPA public practice and maintains applicable professional practice requirements through its authorised practitioner(s).

AIM S Australia Pty Ltd maintains professional indemnity insurance appropriate for the professional services it provides.

Registration, insurance and public-practice details are stated as at the date this document was last updated and are subject to ongoing renewal and regulatory requirements.

4. Scope of services

Our services are limited to the services expressly described in the accepted written scope, quote, proposal, invoice, client portal workflow, engagement letter or written scope variation.

Depending on the agreed scope, our services may include preparation and lodgment of income tax returns; preparation and lodgment of BAS, IAS and related activity statements; preparation of tax schedules and supporting calculations; preparation of financial statements required for agreed compliance work; limited liaison with the ATO directly relating to the agreed work; review of ATO pre-fill information for the agreed work; preparation of written tax advice where specifically included; preparation of amendments where specifically included; and other services expressly agreed in writing.

We may allocate accountants, reviewers or other team members to assist with preparation under appropriate supervision.

5. Services specifically excluded

Unless expressly included in the agreed written scope, our services do not include legal advice or drafting of legal documents; financial product advice, financial planning or investment advice; migration advice; foreign tax advice; valuation services; audit, assurance, review or verification engagements; forensic accounting or fraud investigation; insolvency, liquidation, administration or restructuring appointments; objections, reviews, appeals or dispute work; ATO audit representation or extended audit support; amendment of prior-year returns or prior-period activity statements; detailed review of prior advisers’ work; bookkeeping or reconstruction of incomplete records; ASIC corporate secretarial services; State or Territory revenue advice; payroll or Single Touch Payroll services; SMSF audit services; ongoing retainer services; continuous monitoring of ATO correspondence; ongoing monitoring of future tax obligations after completion; or services for any person or entity not expressly included in the accepted scope.

Excluded matters require a separate engagement and separate fee arrangement.

6. Tax agent services and professional obligations

Where we provide tax agent services, we are required to comply with the Tax Agent Services Act 2009, Tax Agent Services Regulations 2022, the TPB Code of Professional Conduct, the Tax Agent Services Code of Professional Conduct Determination 2024, applicable TPB guidance and applicable taxation laws.

The TPB Code includes obligations relating to honesty and integrity, independence, confidentiality, competence, reasonable care, proper administration of taxation laws, conflicts of interest, keeping clients informed, maintaining proper client records, professional indemnity insurance, supervision and ensuring services provided on behalf of the firm are provided competently.

We are also required to advise clients of materially relevant rights and obligations under taxation laws in relation to the tax agent services provided.

7. Keeping clients informed

AIM S Australia Pty Ltd is required to keep current and prospective clients informed of prescribed matters under section 45 of the Tax Agent Services Code of Professional Conduct Determination 2024, including the TPB Register and the TPB complaints process.

Clients and prospective clients may verify our registration on the TPB Register using registered tax agent number 24859230.

Information about the TPB complaints process is available on the TPB website.

Where a prescribed matter applies to the firm or to a registered practitioner connected with the firm, it will be disclosed to clients or prospective clients in the manner and timeframe required by law.

8. Client responsibilities

Clients are responsible for providing complete, accurate and timely information; providing all documents relevant to the agreed scope; disclosing all relevant facts, transactions, arrangements, income, deductions, entities, foreign interests, residency matters and changes in circumstances; responding promptly to requests for documents, clarification and confirmations; keeping records required by taxation and other applicable laws; reviewing drafts, calculations, schedules, returns, declarations and correspondence before approval; ensuring anything approved for signing or lodgment is true, correct and complete to the best of the client’s knowledge; telling us promptly if the client becomes aware of any error, omission or change; maintaining secure access to email, client portal accounts, cloud storage links, passwords, devices and multifactor authentication; and paying our fees when due.

Clients must not ask us to prepare, lodge, support or maintain a tax position that is false, misleading, reckless, artificial, unsubstantiated or contrary to law.

9. Self-assessment and reliance on information

Australia operates under a self-assessment system. Clients remain responsible for the accuracy and completeness of information lodged with the ATO, even where we prepare documents for them.

Our work is based on information and documents provided by the client, by persons apparently authorised by the client, by third parties, and by ATO or government systems where available.

We do not audit, examine or verify information unless we expressly agree in writing to do so.

ATO pre-fill information, bank data, platform reports, broker reports, employer data and other third-party information may be incomplete, delayed or inaccurate. If ATO pre-fill information is missing or inconsistent with the client’s records, the client’s records and relevant source documents must be used to resolve the discrepancy.

10. Evidence, substantiation and reasonable care

We are required to take reasonable care when providing tax agent services. We may request evidence, explanations, bank statements, contracts, settlement statements, broker reports, foreign tax documents, residency evidence, valuation reports, depreciation schedules, loan records, workpapers or other support.

If adequate evidence is not provided, we may decline to claim a deduction, offset, exemption or concession; include assumptions or qualifications; recommend amendment of a prior position; recommend voluntary disclosure; decline to lodge; suspend work; or terminate the engagement.

11. False or misleading information

We must not make, prepare, permit, direct or support false or misleading statements to the ATO, TPB or other authorities.

If information appears false, misleading, incomplete or unsupported, including by omission, we may require clarification, correction, further evidence or amendment.

If the matter is not corrected or adequately explained within a reasonable period, we may suspend work, refuse to lodge, withdraw from the engagement, cease acting and, where required or permitted by law or professional obligations, notify the relevant authority.

12. Technology platforms, cloud services and document exchange

We use third-party systems and technology providers to deliver professional services, manage documents, prepare tax work, communicate with clients and maintain internal workflow.

These systems may include Xero Tax; Seamlss client portal; Dropbox; email systems; Google Drive where a client shares documents with us using Google Drive; Microsoft OneDrive where a client shares documents with us using OneDrive; other secure document-storage or file-sharing methods used or authorised by the client; tax and accounting software; document-signing tools; workflow systems; practice-management systems; backup systems; and IT and cybersecurity systems.

Client documents and working papers may be received, stored, exchanged, reviewed or managed through these systems where reasonably required for the agreed services.

These systems may store, back up, access, route, process or support information in Australia or overseas depending on the provider’s infrastructure and service arrangements.

By engaging us, clients acknowledge and authorise our reasonable use of these systems for the purpose of providing the agreed services, subject to our Privacy Policy, confidentiality obligations, professional obligations and applicable law.

Where appropriate, AIM S Australia Pty Ltd may use limited technology-assisted tools for internal drafting, research, review or quality-control support. These tools are not used as a substitute for professional judgment, and we take reasonable steps not to enter tax file numbers, identity documents, bank details, login credentials or directly identifiable sensitive client information into general-purpose AI tools unless the client has given explicit written consent or the use is otherwise required or authorised by law.

13. Overseas contractors

AIM S Australia Pty Ltd does not currently utilise overseas contractors to perform client professional work.

If we propose to use overseas contractors in future for a client engagement, we will seek the client’s explicit written consent before doing so, except where disclosure is otherwise required or authorised by law.

14. Communication protocols

We may communicate with clients by email, client portal, telephone, electronic workflow, messaging platform, cloud-document link or other agreed channel.

For security and file-integrity reasons, we may require documents, approvals and sensitive information to be exchanged through specific systems or secure channels.

Electronic communications may be delayed, intercepted, corrupted, misdirected or unavailable. While we take reasonable precautions, we do not guarantee uninterrupted availability or absolute security of third-party systems, cloud links or ordinary email.

Clients are responsible for ensuring that shared Google Drive, OneDrive, Dropbox or other cloud links are sent to the correct AIMS email address or authorised person and that sharing permissions are appropriately restricted.

15. Client use of Google Drive, OneDrive and other storage platforms

Clients may choose to provide documents to us through Google Drive, Microsoft OneDrive, Dropbox or other secure document-storage or file-sharing methods.

Where a client chooses to share documents through a third-party storage platform, the client is responsible for ensuring that the link is sent to the correct AIMS email address or authorised person; sharing permissions are appropriately limited; the link does not provide unnecessary public access; documents shared are relevant to the engagement; the client has authority to share the documents; and access is removed or restricted when no longer required.

AIM S Australia Pty Ltd may download, review, store or copy documents provided by the client through such methods into AIMS’ own working systems where reasonably necessary to perform the agreed services and maintain professional records.

16. Identity verification and client due diligence

We may require proof of identity, authority, source documentation and other due-diligence information as part of our risk management, fraud prevention, legal and professional obligations.

Identity verification may be carried out using digital tools, portal workflows, document review or other reasonable methods.

If required verification or due diligence is not completed to our satisfaction, we may decline to act, suspend work or terminate the engagement.

17. Electronic approvals and signatures

Clients consent to receiving documents electronically and to using electronic signatures, portal approvals, email confirmations and other electronic acceptance methods unless they notify us otherwise in writing before the relevant document is issued.

Clients must carefully review all documents before signing or approving them. A digital signature, portal approval, typed name, email approval or other electronic acceptance may be relied upon by us as evidence of approval where permitted by law.

18. Fees, billing and payment

Our fees are charged on the basis stated in the accepted scope, quote, proposal or invoice. This may be a fixed fee, hourly billing, staged billing or another agreed pricing basis.

Unless otherwise agreed in writing, work commences only once onboarding requirements are completed and full payment has been received.

If the scope changes, if information provided is materially incomplete or inaccurate, or if additional work becomes necessary, we may issue a revised quote, further invoice or scope variation before continuing.

We do not maintain a trust account and do not hold client money on trust unless expressly agreed otherwise in writing.

ATO refunds and other government payments are generally paid in accordance with the ATO’s own systems and account nomination settings, not by us.

19. Refunds and cancellations

This clause is subject to the Australian Consumer Law and does not exclude, restrict or modify any non-excludable consumer guarantee, right or remedy.

If a client cancels before substantive work begins, any refund will be determined after deducting reasonable administrative, merchant, onboarding, verification and transaction costs already incurred.

Once work has commenced, fees paid are generally non-refundable to the extent of work performed, time incurred, resources committed and third-party costs already incurred.

The client remains liable for fees for work performed up to the date of cancellation or termination.

20. ATO authorisation, correspondence and portal status

Where relevant to the agreed services, clients authorise AIM S Australia Pty Ltd, ABN 21 159 602 276, Registered Tax Agent No. 24859230, to act as their tax agent for matters within scope and to access relevant ATO records and communicate with the ATO in relation to the agreed services.

The ATO may continue to send communications directly to clients, including to their postal address, myGov Inbox, ATO online account or other channels, depending on ATO settings, communication preferences and the nature of the communication.

Clients remain responsible for checking and managing all ATO communications addressed to them and for bringing relevant correspondence to our attention promptly.

Unless specifically engaged in writing to do so, we are not responsible for receiving all ATO correspondence on a client’s behalf, monitoring ATO correspondence or ATO online accounts on an ongoing basis, forwarding ATO notices, reminders, debts, statements, reviews or audit communications, or taking action in relation to post-completion ATO correspondence or future compliance obligations.

Once the agreed services are completed, a new engagement is required before we are obliged to perform further work.

We may remain listed as authorised tax agent in ATO systems unless and until removed by the client, by us, by another agent appointment, or otherwise through ATO processes. Continued appearance as authorised tax agent in ATO systems does not, by itself, mean that an active engagement remains in place or that we are monitoring the client’s affairs.

21. Privacy and confidentiality

We collect, hold, use and disclose personal information in accordance with applicable law and our Privacy Policy.

We treat client information as confidential, subject to lawful exceptions, client authority, reasonable use of service providers and technology systems, and disclosures required or permitted by law, regulation, court order, insurance requirements or professional obligations.

22. Record keeping

Clients are responsible for maintaining records required by taxation and other applicable laws. Records should be complete, accessible and capable of substantiating the position taken.

We retain records as required for professional, legal, regulatory, insurance, risk-management and quality-control purposes.

Records may be retained electronically and may include client documents, working papers, approval records, ATO correspondence, signed declarations, portal records, emails, notes, file reviews, calculations and advice records.

23. Changes in law, ATO guidance and scope

Our work is performed based on the law, ATO guidance and information available at the time the services are provided.

We are not responsible for proactively updating earlier advice or completed work because of later legislative changes, judicial decisions, ATO guidance changes or changed facts unless the client separately re-engages us to do so.

If additional issues arise outside the agreed scope, those issues may require a separate engagement or scope variation.

24. Related entities and family groups

If we act for more than one individual or entity within a family group, business group or related structure, each engagement remains separate unless expressly stated otherwise.

Confidential information belonging to one client will not be disclosed to another client without appropriate authority unless disclosure is required or permitted by law.

25. Australian Consumer Law and limitation of liability

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.

Liability limited by a scheme approved under Professional Standards Legislation.

To the extent permitted by law, any liability arising in connection with our services is subject to any applicable limitation available under Professional Standards Legislation and any other applicable law.

26. Termination

Either party may terminate the engagement by written notice.

We may suspend work or terminate the engagement immediately if fees remain unpaid; required information is not provided within a reasonable time; identity verification or due diligence is not satisfactorily completed; trust and confidence break down; the client requests that we lodge or support a materially false or misleading position; or continuing to act would breach law, professional standards, ethical obligations or our risk-management requirements.

Termination does not affect accrued rights, including rights to fees and costs for work already performed.

27. Complaints and dispute resolution

If a client has a complaint about our services, the client should contact us in writing at info@aimsaustralia.com.au or by phone on 1300 11 24 67.

Complaints should preferably be provided in writing for proper investigation and record keeping.

If a complaint relates to tax agent services, the client may also make a complaint to the Tax Practitioners Board using the TPB complaints process.

28. No guarantee of outcome

We do not guarantee ATO acceptance of a tax position, refund amounts, ATO processing timeframes, penalty remission, interest remission, audit outcomes, objection outcomes, foreign tax outcomes, residency outcomes, CGT outcomes, Medicare levy outcomes, foreign tax offset outcomes or commercial outcomes.

29. Governing law

These Terms are governed by the laws of Victoria, Australia. The parties submit to the jurisdiction of the courts and tribunals of Victoria and the Commonwealth of Australia.

Useful regulatory links

• TPB Register
• TPB complaints process
• OAIC privacy complaints