Terms and Conditions
Version 6 effective 13/01/2021
These are the Terms and Conditions that govern your Contract with Tax Returned Limited. In these Terms:
“we” “our” and “us” refers to Tax Returned Limited. We set out our contact details in Paragraph 18.
“you” and “your” refers to any person who has accepted these Terms.
Please read these Terms carefully.
Contents:
Definitions
Contract
PAYE Claims
Self-Assessment Claims
The Tax Agent Authority
Your Acknowledgements and Responsibilities
Our Responsibilities
Fees
Our Liability
Events Outside Our Control
Data Protection
Cancellation and Termination
Transfer of Rights
Survival Clauses
Entire Agreement
Jurisdiction
Complaints and Your Legal Rights
Our Contact Details
1. Definitions
1.1 In these Terms, when the following words begin with a capital letter, they shall mean:
i. Application: the “Tax Rebate Calculator” form which you complete on the Website to provide us with the information we need to offer our Services
ii. Claim: a claim for a tax rebate that we submit to HMRC on your behalf.
iii. Claim Form: the “P87 Tax Claim Deed of Assignment” form which includes your Claim and a Deed of Assignment
iv. Claim Pack: a Claim Form and a Tax Agent Authority.
v. Claim Period: the tax years listed on your Claim Form
vi. Confirmation: the action that forms a Contract between the parties.
vii. Contract: a binding legal agreement between you and us that is subject to these Terms.
viii. Cooling-Off Period: a 14-day period commencing on the day following your Confirmation, during which you have the contractual right to cancel the Contract.
ix. Deed of Assignment: a form that transfers to us the right to receive all refunds from HMRC on your behalf for the tax years specified on the form.
x. Digital Tax Records: digital services offered by HMRC which allow the user to view and manage a person’s tax information online.
xi. Fees: the fees (including any applicable VAT) that we charge for performing the Services.
xii. HMRC: Her Majesty’s Revenue & Customs
xiii. Refund: money you may be owed by HMRC for overpaid tax.
xiv. Services: services or matters we specify in these Terms that we will undertake (including, without limitation, the submission of a Tax Agent Authority, Tax Return, or Claim Form to HMRC, and tax agent services including but not limited to the annual tax review).
xv. Tax Agent: a person or organisation whom you authorise to discuss your tax affairs with HMRC on an ongoing basis.
xvi. Tax Agent Authority: an official HMRC form (Form 64-8 “Authorising Your Agent”) authorising us as your Tax Agent that we submit to HMRC on your behalf.
xvii. Tax Return: a SA100 form used in a self-assessment tax return.
xviii. VAT: a value-added tax of 20% (figure correct at the effective date of these Terms listed at the start of this document).
xix. Website: the getyourtaxreturned.co.uk domain available on desktop or mobile.
2. Contract
2.1 When a Contract is created: A Contract will be created each time you accept our Terms and press the “Submit” button on the Website to:
i. complete an Application;
ii. or approve a Tax Return.
2.2. What is considered a Confirmation: The actions set out in Paragraph 2.1 are in each case known as your Confirmation.
2.3. What a Confirmation is not: The Confirmation of a Contract does not constitute an agreement by us to submit a Claim to HMRC except in accordance with these Terms.
2.4. A binding agreement: Upon the Confirmation of a Contract, both you and we will be bound by these Terms and we will commence the relevant processes outlined in Paragraphs 3 and 4.
3. PAYE Claims
3.1 The Claim Pack: Following a Confirmation under Paragraph 2.1(i) this Paragraph 3 applies. Firstly, we will automatically generate a Claim Pack and send you digital and physical copies of this using the details provided in your Application.
i. You must check your details in the Claim Pack and correct any inaccuracies. Alternatively, you may contact us to provide your updated information.
ii. You must sign the digital and/or physical Claim Form for us to process your Claim.
iii. We can proceed with either a signed digital or signed physical Claim Form.
3.2 Our assessment of your Claim: Once we receive your signed Claim Form, we will assess your Claim. This allows us to determine whether we will pursue your Claim. The assessment is for internal use only and uses several automated methods to assess your Claim.
3.3 Digital Tax Records: We will request that you grant us access to your Digital Tax Records to assist us with our assessment. If you grant us access:
i. We will also use this to investigate whether you are eligible to claim any further expenses. If you are eligible, we may contact you with a link to submit these additional expenses.
ii. We will perform an annual check for overpaid tax and notify you of the result.
3.4 If we can’t access your Digital Tax Records: If you do not grant us access to your Digital Tax Records, we may be unable to provide an annual update on your tax account or contact you with a link to submit additional expenses.
3.5 Alternative methods of assessing your Claim: If you do not give us access to your Digital Tax Records, we may use alternative methods (including automated decision making) to perform our assessment. Please see our Privacy Policy (click) for more information.
3.6 Our decision to submit your Claim: We will submit your Claim if it satisfies our assessment parameters. However, a decision to submit your Claim is not a guarantee of a Refund or a specific Refund amount.
3.7 Our decision not to submit your Claim: If we decide not to submit your Claim, we may write to you and inform you of our decision. A decision not to submit your Claim is not indicative of any potential outcome should you choose to submit it independently.
4. Self-Assessment Claims
4.1.Who this applies to: This Paragraph 4 will only apply to you if you have a Unique Taxpayer Reference number.
4.2. Accessing your Self-Assessment records: If you have a Unique Taxpayer Reference number and we submit a Tax Agent Authority to HMRC, HMRC will give us access to your Self-Assessment records which we will use to review your Self-Assessment records.
4.3. Preparing and approving a Tax Return: If we believe that you may benefit from filing a Tax Return, we may:
i. prepare a draft Tax Return.
ii. contact you and ask that you review and add any applicable expenses to that Tax Return.
iii. ask you to approve the Tax Return under Paragraph 2.1(ii), for submission to HMRC pending our final assessment.
4.4. Making changes to your draft Tax Return: If you notice any errors or wish to make any changes to your draft Tax Return, you must contact us and request that we amend it accordingly.
4.5. Our final assessment of your draft Tax Return: If you approve a Tax Return as per Paragraph 2.1(ii), we will perform a final assessment before we submit it to HMRC. If we are not satisfied with the details on your Tax Return, we reserve the right not to submit it to HMRC. This is not indicative of any potential outcome should you choose to submit it to HMRC independently.
4.6. No obligation to approve or submit any Tax Returns: You are not obliged to approve or submit any Tax Returns we prepare for you as part of the process outlined in Paragraph 4.4.
5. The Tax Agent Authority
5.1 Signing the Tax Agent Authority: If you sign the Tax Agent Authority, we will:
i. Act as your sole Tax Agent until the Tax Agent Authority is replaced or removed.
ii. Receive and process correspondence regarding your tax details from HMRC.
iii. Receive and process your tax data from HMRC through digital means.
iv. Correspond with HMRC on your behalf to resolve issues related to your Claim.
5.2 Removing the Tax Agent Authority: You may at any time terminate or request that we terminate the Tax Agent Authority. However, this may affect our ability to manage your Claim(s) as we will no longer be able to communicate with HMRC to discuss your Claim(s) and address any issues that may arise.
6. Your Acknowledgements and Responsibilities
6.1 Your acknowledgements and responsibilities: You acknowledge that at the time of entering and for the duration of the Contract with us:
i. you wish for us to perform the Services.
ii. you are not aware of any reason you cannot enter that Contract.
iii. all information you provide to us is true, accurate, and complete.
iv. you are solely responsible for verifying your eligibility for any expenses or allowances detailed in a Claim.
v. your Claim includes a general claim to HMRC for any overpayment of tax in the Claim Period, in addition to any specific expenses you may be claiming.
vi. if you do not sign the Claim Form or approve a Tax Return, we will be unable to pursue your Claim.
6.2 Keeping us informed of any changes to your details: You will inform us without undue delay if any of your personal details change (and you acknowledge that failing to do so may affect your Refund or our ability to make payments to you).
6.3 Requests for information: You will respond promptly to any queries or information requests from us or HMRC that are related to your Claim. If you fail to do so, your Claim may be unsuccessful, or we may be unable to perform the Services.
6.4 Actions that may delay or affect your Claim: Some actions you take may adversely affect or delay your Claim including:
i. appointing another Tax Agent to act on your behalf
ii. contacting HMRC directly to request any Refund related to your Claim
7. Our Responsibilities
7.1 Standards: We will perform the Services with reasonable care and skill.
7.2 Timescales: We will use reasonable resources to perform the Services in a timely manner.
7.3 Who we can claim for: We only claim overpaid tax in the UK, and we assume no responsibility for any of your tax obligations in other jurisdictions.
7.4 Anti-money laundering checks: We may undertake financial crime checks relating to you or your Claim. If you or your Claim fail any such check, we may seek more information from you. We may be unable to perform the Services until you successfully pass these checks.
7.5 Original documents: We take no responsibility to return documents that you submit in support of a Claim. Please refer to our Data Retention Policy for more information on how we will process your documents.
7.6 Late or inaccurate filings: We are not liable for any penalties that HMRC may issue for late or inaccurate filings except to the extent that we have negligently caused the delay or inaccuracy.
7.7 HMRC fines or penalties: We take no responsibility for informing you of any fines or penalties set by HMRC where we reasonably believe that HMRC has also contacted you directly.
7.8 HMRC action: We are not responsible for any tax assessment or debt that HMRC may pursue.
8. Fees
8.1 Our fees: If you are due a Refund, we will charge you a fee that is the greater of:
(a) 28% (plus VAT) (which is 33.6% at the current rate of VAT) of your Refund; or
(b) £35 (plus VAT), which is £42 at the current rate of VAT.
8.2 No win, no fee: If you are not due a Refund, we will not charge a fee for the Services.
8.3 Refunds below our minimum fee: If the value of your Refund is less than £42 we will limit our Fees to the value of your Refund.
8.4 Multiple refunds: If we receive on your behalf more than one Refund in a 12-month period (from 6th April to 5th April), we will calculate our Fees based on the cumulative value of your Refunds received in that time.
8.5 HMRC sends the Refund to us: If HMRC sends a Refund directly to us we will deduct our Fees and send you a cheque for the balance of your Refund to the address provided in your Application.
8.6 HMRC sends the Refund to you or a third party: If HMRC incorrectly sends a Refund directly to you or a third party, we will
i. contact HMRC and ask that the Refund is reissued to us in accordance with the Deed of Assignment; or
ii. send you an invoice for our Fees.
8.7 Fees for submission before cancellation/termination: Fees will still apply to any Claims submitted to HMRC before the cancellation or termination of a Contract.
8.8 Unrelated payment administration fee: If HMRC sends us a payment unrelated to a Claim, we will send you a cheque for that payment less an administration fee of up to £60 (including VAT) to cover our costs in processing your payment.
8.9 Replacement payment fee: If you request a replacement payment, we will cancel the original cheque (if issued) and reissue the payment to you. This may be subject to an administration fee of up to £36 (including VAT) to cover our costs including bank charges.
8.10 International payments: If you ask us to transfer any monies outside the UK, we may charge an administration fee of up to £60 (including VAT) to cover our costs including bank charges.
8.11 Recovery of unpaid Fees: We may take steps, including but not limited to legal action, to recover any unpaid Fees. This may include deducting any outstanding Fees from future Refunds received from HMRC on your behalf.
8.12 Verification and identity checks: We may perform security checks, including verifying your identity and/or the identity of any nominated recipients, before making a payment.
8.13 Issues with your Refund or cheque: You have 12 months from the date we issue a cheque to notify us in writing of any issues relating to your Refund or request a replacement cheque. If you fail to contact us within that time, we may be unable to review your issue or reissue a cheque.
8.14 Uncashed cheques: We reserve the right to cancel any cheque that is uncashed 12 months from the date of issue and retain the entire Refund amount.
8.15 Interest: We shall have the right to charge, and you shall pay, interest on any amount overdue to us at a rate of 4% per annum above HSBC Bank Plc’s then current base rate. The interest will accrue daily from the payment due date until the date of actual payment of the overdue amount. You must pay us interest together with any overdue amount. However, if you dispute any portion of our Fees in good faith and contact us promptly to let us know that you dispute it, interest will not apply on that amount for the period of the dispute.
9. Our Liability
9.1 What we are liable for: If we fail to comply with these Terms, we will be responsible for reasonable loss or damage which you suffer if it is a foreseeable result of that failure. Loss or damage is foreseeable if either it is obvious that it will happen or if both parties knew it was a reasonable possibility when they entered the Contract.
9.2 What we are not liable for: We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity related to our Services.
9.3 No liability for consequential damage or loss: We accept no liability for any consequential damage or loss arising from or in connection with any act or omission by us.
9.4 What we are liable for with no limits or exclusions: Notwithstanding Paragraphs 9.2 and 9.3 above and 9.5 below, we do not seek to exclude or limit our liability where such liability cannot be excluded or limited by law.
9.5 Limits of our liability: Subject to Paragraph 9.4, our total liability for any claim you have against us in connection with the Contract or otherwise (e.g. tort, misrepresentation, or restitution) shall in all circumstances be limited to the greater of:
i. £500; or
ii. the amount of your Refund.
10. Events Outside Our Control
10.1 We are not liable for events or circumstances outside our control: We will not be liable or responsible for any failure or delay in performing our obligations under these Terms if this was caused by an event or circumstances outside our control. We will notify you as soon as reasonably possible if this happens.
10.2 Suspension of our obligations: If an event or circumstances outside our control occurs, our obligations under the Contract will be suspended while the situation is ongoing.
10.3 Termination of the Contract: If after 90 days we remain unable to perform our obligations, we reserve the right to terminate the Contract in writing without incurring liability.
11. Data Protection
11.1 Data law: Information and documentation you provide to us to enable us to perform the Services may constitute personal data under the Data Protection Act 2018. We will comply with the law as applicable.
11.2 Passing your information to HMRC: We may pass your personal data to HMRC to perform the Services or to the extent we are legally obliged to do so.
11.3 Our Privacy Policy: We refer you to our Privacy Policy on the Website, in which we set out how we process your personal data, and how you may contact us regarding our processing.
12. Cancellation and Termination
12.1 When the Contract automatically terminates: The Contract automatically terminates four years after your Confirmation.
12.2 Contract terminates with no signed Claim Form: If within two years of giving a Confirmation under Paragraph 2.1(i) you do not return a signed Claim Form, the Contract automatically terminates.
12.3 Contract termination following an erasure request: If you exercise your right to request erasure, we will terminate the Contract. Please see our Privacy Policy for further details on your right to erasure.
12.4 Terminating the Contract during the Cooling-Off Period: You have the right to cancel the Contract in any circumstances without any penalty or fees during the Cooling-Off Period.
12.5 Terminating the Contract after the Cooling-Off Period: If you request to cancel the Contract after the Cooling-Off Period, we will terminate the Contract.
12.6 Our rights to terminate the Contract: We reserve the right to terminate the Contract at any time by giving you notice in writing, if:
i. we discover or reasonably believe that you are using the Services fraudulently or with the intent to commit fraud or any other illegal activity.
ii. we discover or reasonably believe that a court in England or any other part of the United Kingdom has convicted you of a crime other than a motoring offence.
iii. we discover that you have breached any of the Terms of the Contract.
iv. you fail a financial crime check that we perform on you or your Claim.
v. you refuse to assist us in performing the Services whether or not this constitutes a breach of Paragraph 6.2 or 6.3.
vi. you threaten or abuse any member or associate of Tax Returned Limited.
13. Transfer of Rights
13.1 How we can transfer our rights: We may transfer our rights and obligations under the Contract a third party. We will notify you in writing if this happens, and this will not affect your rights under the Contract.
13.2 How you can transfer your rights: You may only transfer your rights and obligations under the Contract to a third party with our prior written consent.
13.3 Third party rights: No third party shall have any rights under the Contract unless we have given prior written consent.
14. Survival Clauses
14.1 Separate paragraphs: Each of the paragraphs in these Terms operates independently. If a court or relevant authority deems any of them unlawful, the remaining clauses will remain in full force and effect.
14.2 Paragraphs that survive termination of the Contract: Paragraphs 1 (Definitions), 5 (Tax Agent Authority), 7.6-7.8 (Penalties), 8 (Fees), 9 (Liability), 10 (Events Outside Our Control), 11, (Data Protection), 13 (Transfer of Rights), 14 (Survival Clauses), 15 (Entire Agreement), 16 (Jurisdiction) and 17 (Complaints and Your Legal Rights) survive the termination of the Contract for whatever reason. The termination of the Contract does not prejudice any rights or remedies that were available to either party prior to the termination of the Contract.
15. Entire Agreement
15.1 These are the only Terms that apply: These Terms constitute the entire agreement between the parties and supersede all previous versions, as well as any other written or oral agreements, arrangements, and understandings regarding their subject matter.
15.2 Not enforcing rights but doing it later: If we fail to insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we ever do actually waive our rights because you have or haven’t done something, we will only ever do this in writing (and that does not mean that we will automatically waive our rights if you do something wrong later).
16. Jurisdiction
16.1 Governing law and jurisdiction: These Terms and the Contract are governed by English law. Both parties agree to submit to the exclusive jurisdiction of the English courts.
16.2 Resolving disputes in court: Legal proceedings in respect of a Contract may be brought in the English courts. If you live in Scotland, you can bring legal proceedings in respect of a Contract in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of a Contract in either the Northern Irish or the English courts.
17. Complaints and Your Legal Rights
17.1 Your consumer rights: Nothing in these Terms will affect your consumer rights. You can contact your local Citizens’ Advice Bureau or the Trading Standards’ office for further information about your consumer rights.
17.2 Your right to make a complaint: If you are unhappy with the Services, you have the right to make a complaint. Please see Paragraph 18 for our contact details.
17.3 Escalating your complaint: If you are unhappy with how we have handled your complaint, you can contact an alternative dispute resolution (ADR) provider. However, we are not obliged to engage in any such ADR. If you are not satisfied with the outcome of any ADR process, this will not affect your right to bring legal proceedings.
18. Our Contact Details
18.1 Our details: We are Tax Returned Limited.
i. We are a company registered in England with number 08828062
ii. Our registered office is 207 Regent Street, 3rd Floor, London, United Kingdom, W1B 3HH
iii. Our correspondence address is PO Box 68031, London NW4 9JB
iv. Our registered VAT number is 193002142.
18.2 How you can contact us: If you wish to contact us, or exercise your rights or obligations under these Terms to provide us with written notice, you can contact us by e-mail atinfo@getyourtaxreturned.co.uk, or by pre-paid post to Tax Returned Limited at PO Box 68031, London NW4 9JB.
18.3 How we will contact you: If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in the Application (or any other address you subsequently provide to us).
Cancellation Form
Complete and return this form only if you wish to withdraw from the Contract
I hereby give notice that I wish cancel my contract with Tax Returned, entered on ………………………………………..[insert date].
I acknowledge that Fees may still apply to Claims submitted to HMRC on my behalf before the cancellation of this Contract.
Name of consumer:
Address of consumer:
Date:
Signature of consumer(s) (only if this form is notified on paper):
Return to Tax Returned Limited: PO Box 68031, NW4 9JB, or info@getyourtaxreturned.co.uk.
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