TERMS & CONDITIONS OF ENGAGEMENT OF www.mytaxrefunds.co.nz
These terms & conditions of engagement (“Terms“) govern all use of the mytaxrefunds.co.nz website and the services mytaxrefunds.co.nz (MTR) provides. Use of this website and/or services provided by mytaxrefunds.co.nz will be deemed to constitute acceptance of these Terms.
1. AUTHORITY TO OBTAIN INFORMATION FROM THE INLAND REVENUE
You give authority for MTR or its staff to link your details with Inland Revenue (IRD) to their agency client list and for MTR to act as your tax agent for all purposes associated with the checking, assessing or receipt of your tax refunds and/or filing of your tax returns until such time that you notify MTR or the Inland Revenue to cancel this authority. In simple terms this means that you want MTR to continue to act on your behalf for all Inland Revenue related matters until you ask them to stop.
You acknowledge that this gives MTR the authority to do all of following:
Link your IRD number to their client list.
Obtain information from IRD in regards to ALL tax types and all tax matters by a variety of methods, including but not limited to by telephone, internet, fax, mail, info express and all E services.
Obtain from any financial institution any relevant information that may affect the assessment of your refunds. View all transactions and debt relating to any tax type. Add a new tax type or cease an existing tax type. Amend your address for any tax type.
Sign and file any tax returns on your behalf regardless of whether the result is a refund or tax bill.
Confirm your IRD number with the IRD
Provide instructions to the IRD and to receive any of your refunds into MTR’s nominated trust account.
You understand that if you already have a tax agent you will be delinked from your previous tax agent’s client list. You acknowledge that you are solely responsible for ensuring that all information you provide or that is provided on your behalf to MTR is complete and accurate and that MTR does not undertake any audit or verification of such information. Submitting an application constitutes your electronic signature and agreement with all the terms and conditions of engagement.
MTR reserves the right to delink you as a client at any time and for any reason. This clause is for the sole benefit of MTR. You will not incur any further fees other than what has already been incurred if MTR chooses to delink you as a client.
You authorise MTR to take whatever action is necessary, in their sole opinion, that is in your best interest in relation to your income tax affairs. This may include filing returns that do not result in a tax refund.
Fees are incurred on the day that the assessment of your refund eligibility is undertaken. For new clients this will be on the day that your on-line application is submitted.
Fees are calculated, applicable to and based solely upon MTR's assessment of your tax position. If any portion of any refund is withheld by the Inland Revenue and applied to any existing tax type arrears, you understand that you will still be liable to pay the full fee to MTR. (If you delink us as your tax agent after we have checked or assessed your refund eligibility you will still be liable to pay our fee for the service we have provided).
- The standard fee is $39 inc gst only applies to non-IR3 clients and is for each separate refund issued, for the service provided by MTR in checking, assessing or receiving your IRD refunds or credits due for all/any tax types.
In additon to the standard fee,
- If an IR3 is required, for any reason, or you have any schedular expenses to claim, an IR3 assessment fee will be a minimum of $89 +gst per return.
- If you have operated Rideshare business eg UBER, or Air BnB, a fee of $149+gst for each return will apply.
- If you have received income from a rental property, our minimum fee is $199+gst per property.
- If you have sold a property subject to the Brightline Test a fee of $149+gst will apply.
- Any refund that is more than 5 years old will require additonal work to get released as legislation does not usually tax payers to claim these refunds. Fees charged will be on an hourly basis for work undertaken.
If you are entitled to a tax refund, the fee will be deducted from the refund before the remaining balance (if any) is paid to you. If you are not entitled to a tax refund, our fee will be payable prior to the issue of a draft return.
For any refund that is issued as a cheque, a $5 cheque processing fee will be deducted from each refund issued.
A fee of $3 per refund is charged, for electronic or manual verification of your driver’s licence, passport or 18+card.
You authorise MTR to deduct any fees immediately upon receipt of the refund into MTR's nominated Trust Account. You agree that you will pay any invoice issued for the above fees within 7 days.
If a cheque is required to be amended for any reason, a $30 cheque administration fee will be deducted from any subsequent refund issued. MTR shall not be liable or responsible for any cheque that is sent but not delivered ie lost in the mail.
You also agree that you are liable to pay any administration cost of $99, plus collection costs and fees incurred for debt collection should you owe MTR any overdue amounts.
3. RECEIPT AND PAYMENT OF TAX REFUNDS
You authorise MTR to;
Receive any refund for any tax type on your behalf and arrange for this to be deposited into the nominated MTR Trust Account.
Deduct from such refunds any applicable service fee or any other fees as set out above and understand that this will solely be based on MTR assessment.
Pay the net balance of the refunds to me, either by direct credit into your bank account, or by cheque as per the postal address supplied with the filing authorisation.
In the event that any portion of your refund is transferred to any tax type arrears you acknowledge that MTR may withhold an amount equivalent to the value of their assessed service fee. In the event that any fees remain outstanding, you authorise MTR to deduct such fees from any future refunds received by them on your behalf.
You understand that while MTR aims to pay the tax refund in 5 working days from application date this time frame can be increased by delays at Inland Revenue for various reasons. You understand the 5 day time frame is not a guarantee and release MTR from any liability for payment occurring outside of that time frame. Refunds for the most recently completed tax year which ends on 31st March each year will typically not be issued until mid June at the earliest.
5. IDENTITY VERIFICATION
You agree that MTR has permission to verify your identity by receiving photo ID, using address verification, and/or NZ Driver Licence verification with any third party provider upon receipt of your on-line application.
6. AUTHORITY TO BE CONTACTED BY EMAIL AND/OR TEXT MESSAGE (SMS) AND/OR PHONE
You hereby provide your consent for MTR to contact you by email, TXT or phone in order to inform you of any information relating to your tax affairs, or for the purposes of promoting additional marketing initiatives which may or may not be related to the tax refund industry. You understand that should you delink My Tax Back NZ Limited as your tax agent, you can contact them to unsubscribe from further correspondence at any time. You also authorise MTR to use any correspondence that you send to them in their testimonial section of their website.
7. YOUR OBLIGATIONS
7.1 You will notify MTR if you decide to withdraw authority to access your IRD information or if any of your personal details change or if you receive any untaxed income. You authorise MTR to act as your tax agent for all future years until such time that you notify them to cancel this authorisation. You accept full responsibility for notifying MTR if you receive any untaxed income from any source. You understand that if any of your refunds, that are issued by the Inland Revenue, are not credited to the nominated MTR Trust Account for any reason whatsoever, you agree to pay MTR their fees within 7 days of receipt of their invoice.
7.2 You will pay direct to the Inland Revenue any taxes owing by the due date for payment. You do not hold MTR or it's staff liable for any tax bill that is issued as a result of the filing of any tax return and I understand that any assessment is based on the information that I alone have provided or that has been sourced from Inland Revenue.
8. DISCLAIMER AND LIMITATION OF LIABILITY
MTR has not audited the information provided by the client or the IRD and therefore neither we nor any of our employees accept any responsibility for the accuracy of the materials from which returns or tax credit assessments have been prepared. Furthermore, the returns or tax credit claims have been assessed at the request of, and for the purposes of the client only, and neither we nor any of our employees accept any responsibility on any ground whatever, including liability in negligence, to any other person.
You agree that you are liable for any payment required by the IRD as a result of the filing your tax return(s) or checking and assessing your tax position. You agree that nothing in these Terms creates evidence of any partnership, joint venture, employer/employee or fiduciary relationship with MTR. No reliance should be placed on the operation of this website at any time and you acknowledge that MTR has no obligation to provide or continue to provide access to this website.
MTR may offer a variety of promotional opportunities to existing and prospective clients. Details of any promotions will be updated within these Terms and Conditions at the appropriate time.
All promotions offered prior to 31st March 2020 are now at an end.
10. AMENDMENT TO THESE TERMS
10.1 We reserve the right to update our terms and conditions or fees from time to time on 10 days' notice to you (via email, txt and/or on our website), but if:
10.1.1 your tax refund or tax return is already in progress for a tax year (Current Tax Year) at the time we notify you; or
10.1.2 you have taken active steps towards providing us with the relevant information we require to carry out our services for the Current Tax Year at the time we notify you,
These changes won't apply to the services we are providing to you for your Current Tax Year.
10.2 If the changes notified in accordance with clause 10.1 do apply to you but you don't agree with them, you may cancel our services without penalty by notifying us before the new terms, conditions or fees are stated to come into effect.
10.3 You will be asked to agree to our current set of terms, conditions and fees before we begin to provide services to you. If we notify you that our terms, conditions and/or fees have changed in accordance with clause 10.1 and you do not cancel our services in accordance with clause 10.2, you will be deemed to have accepted the updated terms, conditions and/or fees.
11. PRIVACY ACT 1993
Information MTR obtains in the course of this engagement is subject to confidentiality requirements, in addition to obligations under the Privacy Act 1993. My Tax Back NZ Limited will not disclose that information to other parties without your express consent, except as required by law, to maintain your details with Inland Revenue, or to verify your identity with VEDA.