We try to keep our Terms and Conditions easy to understand and avoid too much legal jargon. That way, we hope you’ll read them in full and have a better understanding of our relationship. By using any of our services, you are agreeing to these terms and conditions. If you have any queries about what these terms and conditions mean, please contact us.
In these Terms and Conditions:
“We”, “us” and “our” refer to Claim Back Tax.
“You” and “your” refer to you or anyone else using our Services, which are explained below, and services provided via our website, claimback.tax, that require you to enter personal information.
- Our Services
If you require us to submit a tax refund claim to HMRC we will calculate your refund based on the FRE (Flat Rate Expense) allowance and any other expenses that you are able to claim as an employee. Claim Back Tax will become your appointed tax agents and will act on your behalf with any queries relating to your tax refund claim.
If HMRC requires you to submit a Self-Assessment Tax Return, Claim Back Tax will calculate how much tax you owe, or is owing to you and complete and submit a signed Tax Return to HMRC. By doing this, Claim Back Tax is appointed as your Agents to act on your behalf with HMRC for the submission of your annual tax return that year.
Handling a Tax Return enquiry from HMRC
The Claim Back Tax Return is limited to the completion and submission of your Tax Return, as agreed within the Letter of Engagement. If HMRC launch an enquiry into your Tax Return, Claim Back Tax will defend the enquiry on your behalf, but at an additional cost which we will advise you of and get your agreement on before completing any additional work
- Our Obligations
3.1 We will accurately process all information you provide to us and take all actions necessary in connection with the provision of our Services as quickly as possible.
3.2 If HMRC charge a penalty for the late filing of a document or any other default which is caused by us, we will pay it. If it’s not our fault, you will have to pay it.
3.3 We maintain high standards of conduct in our dealings with government departments and others. We will decline to provide a Service if we believe that doing so may breach those standards. We will notify you as soon as we can if we decide not to provide a Service.
3.4 If you do not provide all the relevant information in our requested timeframes when we agree to provide a Service, we cannot be held liable for the outcome of your Tax Return, or any potential late filing fines.
3.5 Upfront payment of our fees for the Tax Return service does not transfer ownership of your legal responsibilities to ensure your self-assessment tax return is correct and filed on time, and any required tax is paid on time.
- Your Obligations
4.1 You agree to co-operate with us so that we can provide the Services in accordance with our obligations.
4.2 You agree to provide the information that we ask for promptly and to make sure that this information is true, accurate, correct and complete, including taking all the necessary steps to get this information from other sources if required.
4.3 You will keep accurate records as required by HMRC to support your Tax Return submission
4.4 You must tell us about all your sources of income and the amounts you receive, including any PAYE, self-employed, pension or rental income and any benefits received in every tax year for which Claim Back Tax is completing a Tax Return. You must also provide honest, accurate and correct details of the money you have spent for the purposes of your work or business.
4.5 You are responsible for approving any Tax Return before we submit it to HMRC.
4.6 You accept that you may have to pay back any money received where the claim was based on incorrect information provided by you. If that happens, you will have no right to claim back any money from Claim Back Tax, including our fee, unless we have made an error too.
5. Tax Return Cooling Off Period
5.1 We shall confirm receipt of payment of the upfront fee for your Tax Return in writing, and request that you send us your self-assessment code or signed 64-8, to enable us to begin the process of completion. We shall also confirm commencement of the 30 day cooling off period from the date the upfront fee is paid. During this time, you may request a refund of the fee paid, which shall be made in full if no work has begun on your Tax Return. If work has already commenced, and we have acted upon further the information you have sent us, we reserve the right to retain part of the payment based on our hourly fee of £65 plus VAT for the amount of work completed, and only make a partial refund for the remainder.
6. How We Handle Your Tax Return
6.1 The calculations and computations we produce to submit your Tax Return is for our use only, to submit your Tax Return on your behalf. If you use these calculations or information to submit your own tax return, a tax return through another third party or a fraudulent tax return we will not be held responsible for any action HMRC subsequently take.
7. Data Protection and Money Laundering
7.1 We are registered for Data Protection (no. ) and have strict security measures to protect personal information. This includes following certain procedures (for example, checking your identity when you phone us) and encrypting (encoding) data on our websites.
7.2 Any personal data you provide to us will only be used to carry out our Services.
7.3 You agree to us storing this data in paper and/or electronic form. We will securely store all of your documents for 3 years in accordance with the retention policy guidelines, after this point they will be securely destroyed in accordance with the ISO BS EN 15713 standard of Secure Destruction of Confidential Waste. If you require your documents to be returned to you within this time-frame, please contact us.
7.4 We reserve the right to record and monitor some telephone calls, emails and other electronic communications for training and quality purposes.
7.5 We may contact you by using any contact details you have provided. You can ask us not to send you any information on our offers or services at any time by contacting us.
7.6 We will not pass your details to anyone outside of Claim Back Tax.
8. Our Fees
8.0 Our tax refund service carries a fee of 35% Plus a £100 Payment processing fee on a ‘no win no fee’ basis. The fee payable will be deducted out of any refund that we win back for you and all other monies will be paid out to you by bank transfer.
8.1 For our CIS tax refund service we charge 24% (including all taxes and fees) with a minimum charge of £199. The fee payable will depend on the complexity of the Tax Return. This is assessed based on the answers you provide during our initial contact with you, and confirmed in writing via our Schedule of Services.
8.2 Once we receive your self-assessment code or signed 64-8 form, a Claim Back Tax tax specialist will begin gathering the information needed to complete your Tax Return. If at this stage further details are revealed, which cause us to reassess the complexity of your Tax Return, we shall inform you before continuing with the Tax Return. At this stage, we would agree with you either a partial refund if less work is involved or an additional fee if more work is involved.
8.3 Our quoted maximum rate of £245 for completing a standard tax return may differ for more complex tax affairs. We will advise the additional costs on a case by case basis, always in advance of taking payment and with your agreement.
8.4 If we are ever required to send a physical letter our fees will range from £25 to £80 depending on the time taken to write, and post the letter, as well as the costs incurred for stationery and postage.
8.5 If you fail to send us your self-assessment code or signed 64-8, then subsequently request a refund of the fee we have charged, we reserve the right to retain part of your fee. If time has been spent on your tax return, and we have sought or acted upon the further information you have sent us, we reserve the right to retain part of the payment based on our hourly fee of £65 for the amount of work completed and only make a partial refund for the remainder.
8.6 In the event that a Refund is due we will contact you on the email address provided to request for the sort code and account number of where you would like the refund to be paid to. You will have 6 (six) months from the date to provide this information to us. Once this 6-month period has expired, We will not investigate further enquiries regarding historic matters and We will charge a dormancy fee equal to the unclaimed amount.
8.7 If HMRC send Your Refund directly to You:
8.7.1 You shall pay Our Fees by cheque, credit card, PayPal or BACS within 21 (twenty one) days of Your receipt of the Refund. If You do not pay Our Fees within this period We may take legal action to recover Our Fees.
8.7.2 We reserve the right to deduct any portion of Our Fees that are outstanding from any future Refunds paid to Us by HMRC. This does not affect Your rights stated elsewhere in this Contract.
8.7.3 We shall have the right to charge, and You shall pay, interest on any overdue amount at a rate of 4% per annum above HSBC Bank Plc’s then current base rate. The interest shall accrue on a daily basis from the date it was due 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.
8.8 In the event of there being a Deed of Assignment in place with another tax agency that you do not make us aware of our fee will be applied to the total amount of the refunded figure.
- Limitation of Liability
9.1 We will provide our services with reasonable care and skill. Our liability to you is limited to losses, damages, costs and expenses directly caused by our negligence or wilful default.
Exclusion of liability for loss caused by others
9.2 We will not be liable if such losses, penalties, surcharges, interest or additional tax liabilities are caused by the acts or omissions of any other person or due to the provision to us of incomplete, misleading or false information or if they are caused by a failure to act on our advice or a failure to provide us with relevant information.
Exclusion of liability in relation to circumstances beyond our control
9.3 We will not be liable to you for any delay or failure to perform our obligations under this engagement letter if the delay or failure is caused by circumstances outside our reasonable control.
Exclusion of liability relating to the discovery of fraud etc.
9.4 We will not be responsible or liable for any loss, damage or expense incurred or sustained if information material to the service we are providing is withheld or concealed from us or misrepresented to us. This applies equally to fraudulent acts, misrepresentation or wilful default on the part of any party to the transaction and their directors, officers, employees, agents or advisers.
This exclusion shall not apply where such misrepresentation, withholding or concealment is or should (in carrying out the procedures which we have agreed to perform with reasonable care and skill) have been evident to us without further enquiry beyond that which it would have been reasonable for us to have carried out in the circumstances.
Indemnity for unauthorised disclosure
9.5 You agree to indemnify us and our agents in respect of any claim (including any claim for negligence) arising out of any unauthorised disclosure by you or by any person for whom you are responsible of our advice and opinions, whether in writing or otherwise. This indemnity will extend to the cost of defending any such claim, including payment at our usual rates for the time that we spend in defending it.
Limitation of aggregate liability
9.6 Where the engagement Letter specifies an aggregate limit of liability, then that sum shall be the maximum aggregate liability of this [firm, company or LLP], its [principals, partners, directors or members] agents and employees to all persons to whom the engagement letter is addressed and also any other person that we have agreed with you may rely on our work. By signing the engagement letter you agree that you have given proper consideration to this limit and accept that it is reasonable in all the circumstances. If you do not wish to accept it you should contact us to discuss it before signing the engagement letter.]
You have agreed that you will not bring any claim of a kind that is included within the subject of the limit against any of our [principals] [partners] [directors] [members] or [employees]; on a personal basis
- Limitation of Third Party Rights
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.
- If you need to complain
Most of our clients receive an excellent service and we are proud of our commitment to quality and our dedication to customers.
With thousands of clients every year, occasionally we might not get it right and if you are not happy with any aspect of our performance, we would like to know about it. We want to put it right and prevent it from happening again.
If you are not happy, please let a member of our staff know as soon as possible. In the majority of cases your complaint will be resolved immediately. If you wish to take it further please follow our Complaints Process below.
Tell our member of staff that you wish to discuss your issue with our Customer Care Team. Your contact details will be taken so that we can arrange a phone call at a convenient time.
Before your phone call a member of the Customer Care Team will speak with the member of staff involved in the matter and collate our notes of the issues and decisions at each stage.
The Customer Care Team will then try to deal with the issue by;
Establishing what has happened so far, and who has been involved
Clarifying the nature of the complaint and what remains unresolved
Clarifying what you feel would put things right
When the course of action has been decided and carried out, we will confirm with you that the issue has now been resolved and the complaint is closed.