Standard Terms and Conditions of Business
Last Revised: 5 February 2025
1. Acceptance of Terms
By signing our engagement letter or by requesting any work or services from us, you agree to the following Standard Terms and Conditions of Business ("TCB"). These terms apply to all services provided by us, regardless of whether an engagement letter has been signed, unless explicitly agreed otherwise in writing.
2. Client Identification
As with other professional services firms, we are required to identify our clients for the purposes of anti-money laundering legislation. This may involve requesting and retaining identification documents, proof of address, and other necessary information. We may also conduct searches of appropriate databases as part of our compliance procedures. These measures are essential not only for compliance with legal obligations but also to ensure the integrity and security of our services. We may also request this information prior to or during meetings to verify your identity. Please refer to our Data Protection section for details on how we handle and protect your information.
3. Confidentiality
Communication between us is confidential, and we shall take all reasonable steps to keep your information confidential, except where disclosure is required by law, regulatory bodies, court orders, or our insurers. This confidentiality obligation applies both during and after the engagement, unless you authorize us to disclose information on your behalf.
In the course of providing our services, you authorize us to liaise with tax authorities or other regulatory bodies concerning your affairs. Such communications will be conducted with the utmost care to comply with applicable legal and regulatory requirements.
When specialist advice is required, we may need to seek this from or refer you to appropriate specialists, ensuring they are bound by similar confidentiality obligations. We reserve the right to mention that you are a client for promotional activities, training, or other business purposes, without disclosing any confidential information.
4. Conflicts of Interest
We will inform you if we become aware of any conflict of interest in our relationship with you or between you and another client, unless confidentiality obligations prevent us from doing so. We have safeguards in place to protect the interests of different clients if a conflict arises, such as information barriers or obtaining informed consent. If conflicts cannot be managed in a way that protects your interests, we regret that we may be unable to provide further services and will inform you promptly. We reserve the right to act for other clients whose interests may differ from or be adverse to yours, subject to our confidentiality obligations.
5. Data Protection
We confirm that we will comply with all applicable data protection laws when processing personal data about you and your family. This includes, but is not limited to, the EU General Data Protection Regulation 2016/679 (GDPR) and any other relevant privacy legislation in jurisdictions where we operate. We implement appropriate technical and organisational measures to ensure data security. You have rights under these laws, such as accessing, rectifying, or deleting your data. For any data protection queries, please contact our data protection officer at dpo@analietax.com.
6. Electronic and other Communication
Unless you instruct us otherwise, we will primarily communicate with you and third parties via email or other electronic means, including SmartVault and KarbonHQ for secure data exchange. These platforms provide secure environments for sharing and storing documents, ensuring that your information is protected with encryption and other security measures. While we take reasonable precautions to secure electronic communications, there are inherent risks, including non-receipt, delayed receipt, misdirection, or interception by third parties. We cannot be held responsible for damage or loss caused by viruses or corrupted communications. By engaging our services, you acknowledge and accept these risks. If you have specific security concerns, please discuss them with us to explore additional protective measures. Any communication sent through the postal system is deemed to arrive at your postal address two working days after dispatch.
7. Counterparts and Electronic Signatures
The Engagement Letter may be executed in several counterparts, all of which shall constitute one Engagement Letter, binding on all parties even if not all parties are signatories to the original or the same counterpart. We utilise DocuSign and IgnitionApp for electronic signatures, both of which provide secure and legally binding signature solutions. The parties agree that electronic signatures appearing on the Engagement Letter, whether through DocuSign, IgnitionApp, or other approved electronic means, are equivalent to handwritten signatures for purposes of validity, enforceability, and admissibility. Additionally, the Engagement Letter, to the extent signed and delivered by means of a facsimile machine or PDF, shall be treated in all respects as an original agreement and shall be considered to have the same binding legal effect as if it were the original signed version delivered in person.
8. Fees and Payment Terms
Our fees may depend on the time spent on your affairs, the level of skill and responsibility required, and the importance and value of the advice provided, as well as the level of risk. If we provide an estimate of our fees for specific work, it will not be contractually binding unless explicitly stated.
a. Fixed Fees. Where requested, we may indicate a fixed fee for specific services or an indicative range of fees for a particular assignment. Fixed fees are typically not identified for more than a year ahead. Our standard fees and pricing are available via links in the engagement letters.
b. Complex or Time-Consuming Situations. If, during the review of your information, it becomes apparent that you have a particularly complex or time-consuming situation, we reserve the right to charge an additional fee. Common examples include intricate tax scenarios, extensive documentation requirements, or the analysis of large data files, such as cryptocurrency transactions. The most common additional charges are available via the links in the engagement letters. You will be advised in advance of any additional charges, allowing for alternative solutions if possible. However, in some situations, such as proximity to filing deadlines, advance notice may not be feasible.
c. Urgent Services. Where feasible, we may agree to complete your tax return or other reporting within an urgent time period but may charge an additional fee for so doing.
d. Invoices. Our invoices are due upon receipt, and interest may be charged on amounts not settled within 15 days, in accordance with Luxembourg law. Fees are exclusive of VAT, which will be added where chargeable. Disbursements and expenses incurred on your behalf will be added to invoices where appropriate.
e. Third Party Costs. Unless otherwise agreed, our fees do not include third-party, counsel, or other professional fees.
f. Late Payment. In accordance with Luxembourg law, interest will be charged from the due date of the invoice for late payments. We reserve the right to suspend services or cease acting for you with written notice if payment is unduly delayed. The statutory interest rate for late payments will apply.
g. Disputes. If you dispute an invoiced fee, notify us within 15 days of receipt. Any undisputed amount should be paid by the due date. For repeat late payments, we reserve the right to request a deposit or advance payment. Disputes will be handled in accordance with Luxembourg's legal framework, and we encourage resolution through amicable negotiation before pursuing legal action.
9. Implementation
We will only assist with the implementation of our advice if specifically instructed and agreed upon in writing. Implementation may include actions such as filing documents, executing transactions, or other specified tasks. Any implementation services will be subject to a separate agreement and may incur additional fees, which will be communicated and agreed upon in advance..
10. Intellectual Property Rights
We will retain all copyright and intellectual property rights in any document or material prepared by us during the course of carrying out the engagement, except where the law specifically provides otherwise.
11. Interpretation
If any provision of the Engagement Letter or the TCB is held to be void or unenforceable, that provision will be deemed not to form part of these terms, and the remaining provisions shall continue in full force and effect. In the event of any conflict between the TCB and the Engagement Letter or schedules of services, the relevant provision in the Engagement Letter or schedules will prevail.
12. Internal Disputes and Services Provided to Couples
a. Services provided to a Business. If we become aware of a dispute between parties involved in the ownership or management, our client is the business entity. We will not provide information or services to one party without the express knowledge and permission of all parties. Unless otherwise agreed, we will continue to supply information to the normal place of business for the attention of the legal representatives of the business. If conflicting advice or instructions are received, we will refer the matter back to the board of directors or partnership and take no further action until an agreement is reached.
b. Services provided to a Couple. We shall advise you and your spouse or partner on the basis that you are a family unit. You both agree that in all matters relating to your or your spouse’s or partner’s tax and financial affairs, we may deal directly with either of you and discuss the tax liabilities and/or financial affairs of the other. Any change to these arrangements must be communicated to us in writing by both parties. In Luxembourg, spouses are required to file jointly by default up to and including the year of divorce/legal separation. If a dispute arises between spouses or partners, we recognise that a conflict of interest may occur. Unless agreed otherwise, we will continue to act for the first-mentioned signatory to the engagement letter and will cease acting for one party if a conflict of interest cannot be resolved. Additionally, unless instructed otherwise, any document signed by one party will be deemed to be signed on behalf of both.
13. Lien
Insofar as permitted by law or professional guidelines, we reserve the right to exercise a lien over all funds, documents, and records in our possession relating to all engagements for you until all outstanding fees and disbursements are paid in full. This includes, but is not limited to, documents and records specifically prepared or obtained during the course of our engagement.
14. Period of Engagement and Termination
Unless otherwise agreed in the engagement letter, our work will begin when we receive your implicit or explicit acceptance of that letter. Except as otherwise agreed, we will not be responsible for periods before that date.
You may terminate this agreement by giving not less than 21 days’ notice in writing. We reserve the right to terminate this agreement at any time with a 21 days’ notice in writing. We have the right to terminate the agreement with immediate effect and without notice in case of gross misconduct of the client. Gross misconduct shall include, but is not limited to, any act by the client with the purpose of evading tax outside the existing legal framework. In such case, we also reserve the right to inform competent authorities of any tax fraud tentative.
If you terminate the agreement, or if we are unable to complete the engagement due to your unresponsiveness or failure to provide necessary information, we reserve the right to invoice you for any work completed up to that point. Upon termination, we are not responsible or liable for carrying out further work or for any consequences arising from the termination.
15. Safekeeping of Documents
You have a legal responsibility to retain documents and records relevant to your tax affairs. During the course of our work, we may collect information from you and others relevant to your tax affairs. We will return any original documents to you.
While certain documents may legally belong to you, we may destroy correspondence and other papers that we store, electronically or otherwise, which are more than seven years old, unless you instruct us otherwise. If you require the return or retention of any specific documents for a longer period, please inform us in writing.
16. Limitation of Liability
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 misconduct. We shall not be liable for any claims, liabilities, costs, damages, or expenses in aggregate exceeding the fees paid to us for the specific engagement in question.
a. Exclusion of liability for loss caused by others. We will not be liable for losses, penalties, interest, or additional tax liabilities caused by the acts or omissions of any other person, or due to incomplete, misleading, or false information provided to us.
b. Exclusion of liability in relation to circumstances beyond our control. We will not be liable for any delay or failure to perform our obligations due to force majeure events, including but not limited to acts of God, war, terrorism, industrial action, or other unforeseeable circumstances beyond our control.
c. Exclusion of liability relating to the discovery of fraud etc. We will not be responsible for any loss, damage, or expense incurred if material information is withheld, concealed, or misrepresented to us, including fraudulent acts or misconduct by any party involved. We will prepare tax returns based on the applicable law. We reserve the right to determine if and which expenses are deductible for each client.
d. Indemnity for unauthorised disclosure. You agree to indemnify us and our agents against any claim arising from unauthorised disclosure of our advice and opinions, including the cost of defending such claims.
e. Exclusion of liability relating to late provision of data. As mentioned under point 21 a) below, any relevant data and/or documents must be presented at least 30 days prior to the deadline for filing the tax return. We shall hold no liability if this deadline is not complied with and we fail to prepare the tax return within the legal deadline.
17. Limitation of Third Party Rights
The advice and information we provide to you as part of our service are intended 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, family members or other individuals not addressed in the engagement letter, for any advice, information, or material produced as part of our work for you that you make available to them. You are responsible for ensuring that third parties do not rely on our work without our explicit authorisation.
18. Reliance on Advice
We will endeavour to record all advice on important matters in writing. Advice given orally is not intended to be relied upon unless confirmed in writing. Therefore, if we provide oral advice (for example, during the course of a meeting or a telephone conversation) and you wish to rely on that advice, you must ask for the advice to be confirmed by us in writing.
19. Changes in the Law
We will not accept responsibility if you act on advice given by us on an earlier occasion without first confirming with us that the advice is still valid in light of any changes in the law or your circumstances. We will accept no liability for losses arising from changes in the law or the interpretation thereof that are first published after the date on which the advice is given.
20. Precluded Services
Certain services, such as investment advice, wealth planning, inheritance planning, and court litigation, are outside the scope of our engagement. If you require assistance in these areas we may refer you to a qualified third-party provider. These referrals are made to reputable professionals; however, we do not accept responsibility for the advice provided by third parties.
21. Your Responsibilities
You are legally responsible for ensuring that your financial statements, accounts, tax returns, and other filings are accurate, complete, and submitted by their due dates. Additionally, you must ensure timely payment of taxes. Failure to fulfil these responsibilities may lead to lost refunds, automatic penalties, surcharges, and/or interest.
a. Provision of data. You are responsible for providing complete and accurate information necessary for us to effectively complete the services you have requested. This includes disclosing all sources of income, expenses, charges, allowances, and capital transactions.
We rely on the information and documents you provide as being true, correct, and complete, as we do not independently verify or audit them. We are not liable for any errors, omissions, or penalties resulting from incorrect or incomplete data supplied by you. To ensure accuracy, please review your records thoroughly before submission and inform us of any changes or discrepancies promptly
Please ensure that you provide us with the necessary information in sufficient time for your tax return or other filings to be completed and submitted in a timely fashion. Allow at least 30 days for the completion of your tax returns following receipt of complete information. Complex or time-consuming cases may require additional processing time.
b. Change of Circumstances. You are responsible for keeping us informed of any material changes in your circumstances that could affect your tax liability or other reporting. If you are unsure whether a change is material, please let us know so that we can assess its significance.
c. Statutory Deadlines. You are responsible for ensuring compliance with all statutory deadlines related to the services we provide and for timely payment of taxes due. While we will assist in preparing and submitting the necessary documentation, it is ultimately your duty to meet these deadlines. Failure to do so may result in the loss of potential refunds, penalties, surcharges, and/or interest, for which we are not responsible.
d. Verification and Signing of Returns. You are responsible for verifying that any tax returns, financial statements, or other documents we prepare for you are complete and accurate before you approve and sign them. As a taxpayer, you cannot delegate the legal responsibility of signing your returns to others.
With your authorisation, we may submit these tax returns and filings on your behalf. You must review and approve all filings before submission. We are not responsible for late filings due to delays in receiving necessary information or approvals from you. Any amendments or resubmissions may incur additional fees. Additionally, we do not accept liability for issues caused by government platform failures, system outages, or other factors beyond our control.
e. Correspondence from Tax Authorities or Regulatory Bodies. You are responsible for promptly forwarding to us any correspondence received from tax authorities, regulatory bodies, or other entities that may impact your obligations under the services we provide. This includes tax assessments, notices, statements of account, letters, and other communications.
Timely receipt of this information is essential to ensure compliance with statutory deadlines and to address any issues that may arise. While we will assist in reviewing and responding to such correspondence, it is ultimately your responsibility to ensure that all necessary actions are taken. Failure to provide timely correspondence may result in delays or penalties, for which we are not responsible
22. Applicable Law
The engagement letter, the schedule of services, our standard terms and conditions of business, and the country-specific standard scope of services (together the “Engagement Letter”) are governed by, and should be construed in accordance with, Luxembourg law. Each party agrees that the courts of Luxembourg-City will have exclusive jurisdiction in relation to any claim, dispute, or difference concerning the Engagement Letter and any matter arising from it. Each party irrevocably waives any right to object to any action being brought in those courts, to claim that the action has been brought in an inappropriate forum, or to claim that those courts do not have jurisdiction.