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Happy Holidays! Welcome to the 2012 tax filing season! We have included with this letter a few things that may be helpful while you gather your tax-related documents. Please take a few minutes to review the enclosed information, and contact me with any questions you may have. It is not necessary to schedule an appointment if you would prefer to send me your scanned documents electronically either through the secure portal at our website www.hobsonandcompany.com or via mail. My office is 90% paperless so everything gets scanned to a secure server for safe-keeping. Original documents will be returned to you once your tax return is complete. The Client Questionnaire asks about pertinent tax items necessary for preparing the most accurate tax return possible as well as review for tax planning opportunities. Please answer all applicable questions and attach a statement when necessary for additional information. We will also need the following information: Forms W-2 for wages, salaries and tips. All Forms 1099 for interest, dividends, retirement, miscellaneous income, Social Security, state or local refunds, gambling winnings, etc. Brokerage statements showing investment transactions for stocks, bonds, etc. Schedule K-1 from partnerships, S corporations, estates and trusts. Statements supporting deductions for mortgage interest, taxes, and charitable contributions (including any Form 1098-C). Copies of closing statements regarding the sale or purchase of real property. Legal papers for adoption, divorce, or separation involving custody of your dependent children. Any tax notices sent to you by the IRS or other taxing authority. A copy of a voided check for direct deposit or electronic funds withdrawal (if applicable) IRS regulations require paid tax preparers who expect to prepare 11 or more federal individual or trust tax returns to file them electronically. To comply with this requirement your return will be electronically filed this year. The benefits of e-filing include a secure way to file tax returns and it provides proof of acceptance, usually within 48 hours, that the IRS has accepted your return for processing. Also included is our 2012 tax return engagement letter that outlines our agreement to prepare your tax returns. If you have any questions regarding this letter, please feel free to contact me. If you agree with the terms of the engagement letter, please sign it and return it with your tax documents. P.O. Box 108 Saco, ME 04072 Tel: 207-283-0023 Email: [email protected] Our business has grown through referrals from satisfied clients like yourself. If you know of someone who may benefit from our services, please feel free to give them our contact info or a business card (we can always send you more). We assure you – we will take care of them with the same level of dedication and personalized attention that you are accustomed to receiving from us. We are pleased you have decided to allow us to serve your tax and accounting needs and as always, feel free to contact me anytime at the email address or phone number below. Sincerely, Adam C. Hobson, CPA, MBA Hobson and Company, LLC P.O. Box 108 Saco, ME 04072 Tel: 207-283-0023 Email: [email protected] Questions ________________________________________________________________________________ Please check the appropriate box and include all necessary details and documentation. Yes No Personal Information Did your marital status change during the year? If yes, explain: ______________________________________________ Did your address change from last year? Can you be claimed as a dependent by another taxpayer? Did you change any bank accounts that have been used to direct deposit (or direct debit) funds from (or to) the IRS or other taxing authority during the tax year? Dependent Information Were there any changes in dependents from the prior year? If yes, explain: ______________________________________________ Do you have any children under age 19 or a full-time student under age 24 with unearned income in excess of $1,900? Do you have dependents who must file a tax return? Did you provide over half the support for any other person(s) other than your dependent children during the year? Did you pay for child care while you worked or looked for work? Did you pay any expenses related to the adoption of a child during the year? If you are divorced or separated with child(ren), do you have a divorce decree or other form of separation agreement which establishes custodial responsibilities? Purchases, Sales and Debt Information Did you start a new business or purchase rental property during the year? Did you acquire a new or additional interest in a partnership or S corporation? Did you sell, exchange, or purchase any real estate during the year? Did you purchase or sell a principal residence during the year? Did you foreclose or abandon a principal residence or real property during the year? Did you acquire or dispose of any stock during the year? Did you take out a home equity loan this year? Did you refinance a principal residence or second home this year? Did you sell an existing business, rental, or other property this year? Did you incur any non-business bad debts this year? Did you have any debts canceled or forgiven this year? Did you purchase a new hybrid, alternative motor, or electric motor energy efficient vehicle this year? Did you pay any student loan interest this year? Income Information Did you have any foreign income or pay any foreign taxes during the year? Did you receive any income from property sold prior to this year? Did you receive any lump-sum payments from a pension, profit sharing or 401(k) plan? Did you make any withdrawals from or contributions to an IRA, Roth, Keogh, SIMPLE, SEP, 401k, or other qualified retirement plan? Did you make any withdrawals from an education savings or 529 Plan account? Did you receive any distributions from a Health savings account (HSA), Archer MSA, or Medicare Advantage MSA this year? Did you receive any Social Security benefits during the year? Did you receive any unemployment benefits during the year? Did you receive any disability income during the year? Did you receive tip income not reported to your employer this year? Did any of your life insurance policies mature, or did you surrender any policies? Did you cash any Series EE or I U.S. Savings bonds issued after 1989? Itemized Deduction Information Did you incur a casualty or theft loss during the year? Did you pay out-of-pocket medical expenses (Co-pays, prescription drugs, etc.)? Do you have evidence to substantiate charitable contributions? Did you make any noncash charitable contributions (clothes, furniture, etc.)? Did you donate a vehicle or boat during the year? If yes, attach Form 1098-C. Did you have an expense account or allowance during the year? Did you use your car on the job, for other than commuting? Did you work out of town for part of the year? Did you have any expenses related to seeking a new job during the year? Did you make any major purchases during the year (cars, boats, etc.)? Did you make any out-of-state purchases (by telephone, internet, mail, in person) that the seller did not collect state sales or use tax? Miscellaneous Information Did you make gifts of more than $13,000 to any individual? Did you have any educational expenses during the year on behalf of yourself, your spouse, or a dependent? Did you make any contributions to an education savings or 529 Plan account? Did you make any contributions to a Health savings account (HSA) or Archer MSA? Did you pay long-term health care premiums for yourself or your family? Did you pay any COBRA health care coverage continuation premiums? If you are a business owner, did you pay health insurance premiums for your employees this year? Did you utilize an area of your home for business purposes? Did you engage in any bartering transactions? Are you an active participant in a pension or retirement plan? Did you retire or change jobs this year? Did you incur moving costs because of a job change? Did you, your spouse, or your dependents attend a post-secondary school during the year, or plan to attend one in the coming year? Did you pay any individual as a household employee during the year? Did you make energy efficient improvements to your main home this year? Were you a grantor or transferor for a foreign trust, or do you have an interest in or a signature or other authority over a bank account, securities account, or other financial account in a foreign country? Did you receive correspondence from the State or the Internal Revenue Service? If yes, explain: ______________________________________________ Did you receive an Identity Protection PIN from the Internal Revenue Service or have you been a victim of identity theft? Do you want to designate $3 to the Presidential Election Campaign Fund? If you check yes, it will not change your tax or reduce your refund. Dear Valued Client: This letter is to confirm and specify the terms of our engagement with you and to clarify the nature and extent of the services we will provide. We will prepare your 2012 federal income tax return, and income tax returns for the states required (collectively, the “returns”). This engagement pertains only to the above-mentioned tax year, and our responsibilities do not include preparation of any other tax returns that may be due to any taxing authority. Our engagement will be complete upon the delivery of the completed returns to the appropriate taxing authorities. The IRS requires us to file all individual returns electronically. We are also required to have a signed copy of Form 8879, IRS e-file Signature Authorization, on file prior to electronically filing your return. Upon reviewing your return, please sign and return this form (scanned copy is ok) to expedite the processing of your return. Your return cannot be processed without this form. The timeliness of your cooperation is essential to our ability to complete this engagement. Specifically, we must receive sufficient information from which to prepare your returns within a reasonable period of time prior to the applicable filing deadline. Accordingly, if we do not receive information from you, as noted above, by March 15, it may be necessary for us to pursue an extension of the due date of your returns. Your returns may be selected for review by one or more than one taxing authority. Any proposed adjustments by the examining agent are subject to certain rights of appeal. In the event of such government tax examination, we will be available upon your written request to represent you during the examination and/or during any appeal. Any such representation will be the subject of, and governed by, a separate engagement letter. We will prepare the returns from information which you will furnish to us. It is your responsibility to provide all the information required for the preparation of complete and accurate returns. We will furnish you with questionnaires and/or worksheets as needed to guide you in gathering the necessary information. Your use of such forms will assist us in keeping our fee to a minimum. To the extent we render any accounting and/or bookkeeping assistance, it will be limited to those tasks we deem necessary for preparation of the returns. We will not audit or otherwise verify the data you submit. Accordingly, our engagement cannot be relied upon to disclose errors, fraud, or other illegal acts that may exist. However, it may be necessary to ask you for clarification of some of the information you provide, and we will inform you of any material errors, fraud or other illegal acts that come to our attention. You are responsible for maintaining an adequate and efficient accounting system, for safeguarding assets, for authorizing transactions, and for retaining supporting documentation for those transactions, all of which will, among other things, help assure the preparation of proper returns. Furthermore, you are responsible for evaluating the adequacy and results of the services we provide. The law provides various penalties and interest that may be imposed when taxpayers underestimate their tax liability. You acknowledge that any such understated tax, and any imposed interest and penalties, are your responsibility, and that we have no responsibility in that regard. If you would like information on the amount or circumstances of these penalties, please contact me. P.O. Box 108 Saco, ME 04072 Tel: 207-283-0023 Email: [email protected] We may encounter instances where the tax law is unclear, or where there may be conflicts between the taxing authorities’ interpretations of the law and other supportable positions. In those instances, we will outline for you each of the reasonable alternative courses of action, including the risks and consequences of each such alternative. In the end, we will adopt, on your behalf, the alternative which you select after having considered the information provided by us. Without disclosure in the return itself of the specific position taken on a given issue, we must have a reasonable belief that it is more likely than not that the position will be held to be the correct position upon examination by taxing authorities. If we do not have that reasonable belief, we must be satisfied that there is at least a reasonable basis for the position, and in such a case the position must be formally disclosed on Form 8275 or 8275-R, which form would be filed as part of the return. If we do not believe there is a reasonable basis for the position, either the position cannot be taken or we cannot sign the return. In order for us to make these determinations, we must rely on the accuracy and completeness of the relevant information you provide to us, and, in the event we and/or you are assessed penalties due to our reliance on inaccurate, incomplete, or misleading information you supplied to us (with or without your knowledge or intent), you will indemnify us, defend us and hold us harmless as to those penalties We will also provide you with interim and year-end tax planning services on issues that you specifically bring to our attention in writing. Our ability to provide you with appropriate guidance on such issues will be entirely dependent on the timeliness, accuracy, and completeness of the relevant information bearing on the issue which we will rely on you to provide to us. Although we may orally discuss tax planning issues with you from time to time, such discussions will not constitute advice upon which we intend for you to rely for any purpose. Rather, any advice upon which we intend for you to rely, and upon which you will rely, will be embodied in a written report or correspondence from us to you, and any such writing will supersede any prior oral representations between the parties on the issue. Our fees for this engagement are not contingent on the results of our services. Rather, our fees for this engagement, including tax planning, preparation of your returns, and any representation of your interests during an examination by a taxing authority and/or any subsequent appeal, will be based on the time involved as well as the level of knowledge required to complete the engagement. However, in the event that we encounter unusual circumstances that would require us to expand the scope of the engagement we will obtain your prior approval before continuing with the engagement. Our fees and costs will be billed monthly, and are payable upon receipt. Invoices unpaid 30 days past the billing date may be deemed delinquent, and are subject to an interest charge of 1.0% per month. We reserve the right to suspend our services or to withdraw from this engagement in the event that any of our invoices are deemed delinquent. In the event that any collection action is required to collect unpaid balances due us, you agree to reimburse us for our costs of collection, including attorneys’ fees. If we elect to terminate our services for nonpayment, or for any other reason provided for in this letter, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed your return. You will be obligated to compensate us for all time expended, and to reimburse us for all of our out-of-pocket costs, through the date of termination. You should retain all the documents, canceled checks and other data that form the basis of income and deductions. These may be necessary to prove the accuracy and completeness of the returns to a taxing authority. You have the final responsibility for the income tax returns and, therefore, you should review them carefully before you sign them. In connection with this engagement, we may communicate with you or others via email transmission. As emails can be intercepted and read, disclosed, or otherwise used or communicated by an unintended third party, P.O. Box 108 Saco, ME 04072 Tel: 207-283-0023 Email: [email protected] or may not be delivered to each of the parties to whom they are directed and only to such parties, we cannot guarantee or warrant that emails from us will be properly delivered and read only by the addressee. Therefore, we specifically disclaim and waive any liability or responsibility whatsoever for interception or unintentional disclosure of emails transmitted by us in connection with the performance of this engagement. In that regard, you agree that we shall have no liability for any loss or damage to any person or entity resulting from the use of email transmissions, including any consequential, incidental, direct, indirect, or special damages, such as loss of revenues or anticipated profits, or disclosure or communication of confidential or proprietary information. It is our policy to retain engagement documentation for a period of seven years, after which time we will commence the process of destroying the contents of our engagement files. To the extent we accumulate any of your original records during the engagement, those documents will be returned to you promptly upon completion of the engagement, and you will provide us with a receipt for the return of such records. The balance of our engagement file, other than a copy of your income tax return, which we will provide to you at the conclusion of the engagement, is our property, and we will provide copies of such documents at our discretion and if compensated for any time and costs associated with the effort. If the income tax returns we are to prepare in connection with this engagement are joint returns, each of you will sign those returns, you are each our client. You each acknowledge that there is no expectation of privacy from the other concerning our services in connection with this engagement, and we are at liberty to share with either of you, without the prior consent of the other, any and all documents and other information concerning preparation of your returns. We will require, however, that any request for documents or other information be communicated to us in written form. You also acknowledge that unless we are notified otherwise in advance and in writing, we may construe an instruction from either of you to be an instruction on your joint behalf. Absent a contrary written instruction in the future, from either or both of you, we will communicate with either or both of you at the mailing address on your previous year’s tax return. In the event we are required to respond to a subpoena, court order or other legal process for the production of documents and/or testimony relative to information we obtained and/or prepared during the course of this engagement, you agree to compensate us at our hourly rates, as set forth above, for the time we expend in connection with such response, and to reimburse us for all of our out-of-pocket costs incurred in that regard. In the event that we are or may be obligated to pay any cost, settlement, judgment, fine, penalty, or similar award or sanction as a result of a claim, investigation, or other proceeding instituted by any third party, and if such obligation is or may be a direct or indirect result of any inaccurate, incomplete, or misleading information that you provide to us during the course of this engagement (with or without your knowledge or intent), you agree to indemnify us, defend us, and hold us harmless as against such obligation. You agree that any dispute (other than our efforts to collect an outstanding invoice) that may arise regarding the meaning, performance or enforcement of this engagement or any prior engagement that we have performed for you, will, prior to resorting to litigation, be submitted to mediation, and that the parties will engage in the mediation process in good faith once a written request to mediate has been given by any party to the engagement. Any mediation initiated as a result of this engagement shall be administered within the county of York, Maine, according to its mediation rules, and any ensuing litigation shall be conducted within said county, according to Maine law. The results of any such mediation shall be binding only upon agreement of each party to be bound. The costs of any mediation proceeding shall be shared equally by the participating parties. Any litigation arising out of this engagement, except actions by us to enforce payment of our professional invoices, must be filed within one year from the completion of the engagement, notwithstanding any statutory provision to the contrary. In the event of litigation brought against us, any judgment you obtain shall be limited in amount, and shall not exceed the amount of the fee charged by us, and paid by you, for the services set forth in this engagement letter P.O. Box 108 Saco, ME 04072 Tel: 207-283-0023 Email: [email protected] This engagement letter is contractual in nature, and includes all of the relevant terms that will govern the engagement for which it has been prepared. The terms of this letter supersede any prior oral or written representations or commitments by or between the parties. Any material changes or additions to the terms set forth in this letter will only become effective if evidenced by a written amendment to this letter, signed by all of the parties. If, after full consideration and consultation with counsel if so desired, you agree to authorize us to prepare your personal income tax returns pursuant to the terms set forth above, please execute this letter on the line below designated for your signature, and return the original of this executed letter to this office along with a completed copy of the enclosed tax organizer and the supporting documentation requested therein. You should keep a copy of this fully executed letter for your records. If, however, this office receives from you no response to this letter, then this office will not proceed to provide you with any professional services, and will not prepare your income tax returns. We appreciate the opportunity to work with you. Very truly yours, Hobson and Company, LLC Certified Public Accountant ACCEPTED AND AGREED: ________________________ Printed Name _______________________ Signature _________________ Date ________________________ Printed Name _______________________ Signature _________________ Date I would like to be added to the Hobson and Company monthly email newsletter: Y N P.O. Box 108 Saco, ME 04072 Tel: 207-283-0023 Email: [email protected]
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