1.1 These Terms of Engagement apply to our professional relationship with you and any associated entities specified in your onboarding documentation.
1.2 By engaging us to complete taxation, Business Activity Statement (BAS), and accounting work, you accept the terms of engagement detailed below.
1.3 We will keep all client information confidential and will not disclose any information to third parties without your express consent, except as required by law or to satisfy our obligations under the Tax Practitioners Board (TPB) Code of Professional Conduct.
1.4 We are a registered tax agent under the Tax Agent Services Act 2009 (Cth) and operate under the Code of Professional Conduct administered by the Tax Practitioners Board (TPB). Our TPB registration number is 26365546; you can verify our registration on the TPB Public Register here
1.5 Most work undertaken by us is subject to the confidentiality and disclosure obligations imposed on registered tax agents by the Tax Agent Services Act 2009 (Cth) and the TPB Code of Professional Conduct.
1.6 Most tax advice work undertaken by us may be subject to a claim of tax adviser privilege pursuant to the Tax Agent Services Act 2009 (Cth) and applicable Australian taxation administration frameworks.
2.1 We will use our professional skills to perform the taxation, BAS, and accounting work required by you. We will perform this work based on the information provided by you.
2.2 We will inform you if we notice any omissions or irregularities in the information provided during the course of our work.
2.3 We will provide written documentation or reporting regarding any specific tax advice given and the application of any relevant statutory tax exemptions.
2.4 We retain legal ownership of all internal working papers, files, and documentation prepared by us.
2.5 We will use our professional judgment in providing advice based on Australian Taxation Office (ATO) rulings and determinations, the Income Tax Assessment Act 1997 (Cth), the Income Tax Assessment Act 1936 (Cth), the Taxation Administration Act 1953 (Cth), the A New Tax System (Goods and Services Tax) Act 1999 (Cth), and any other applicable professional information source.
2.6 All tax positions and lodgements are subject to review or audit by the Australian Taxation Office (ATO). Any proposed adjustments by the ATO are subject to objection and appeal under Part IVC of the Taxation Administration Act 1953 (Cth). In the event of a review or audit, we will be available upon request to represent you and reserve the right to charge on a time-recovered basis for this representation.
2.7 Where applicable, you agree to us adding you to our registered tax agent client list via the ATO Online Services for Agents portal. This will allow us to discuss your tax affairs with the ATO on your behalf.
2.8 Lighthouse Accounting Pty Ltd provides tax agent and accounting services only. We do not provide financial product advice; an Australian Financial Services Licence (AFSL) is not held by this entity. Where relevant, we may share your information with carefully selected service providers (such as cloud accounting, document management, and ATO-approved e-filing infrastructure) strictly for the purpose of delivering the accounting services you have engaged us for.
2.9 Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF)
Lighthouse Accounting Pty Ltd is subject to obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and associated Rules. As part of our client onboarding and ongoing compliance obligations, we may be required to verify your identity and/or the identity of your beneficial owners, directors, trustees, authorised representatives or other relevant parties, obtain information regarding the nature and purpose of our business relationship with you, and undertake any other customer due diligence required by law.
To satisfy these obligations, we may use electronic identity verification and AML/CTF compliance systems, and we may request additional information or documentation from you at any stage of our engagement.
Our services are conditional upon our ability to satisfactorily complete our AML/CTF compliance obligations. We reserve the right to delay the commencement of services, suspend work, decline to act, or terminate our engagement where we are unable to complete the required customer due diligence or where we are otherwise prohibited from providing services under applicable law.
3.1 We will not conduct a formal financial audit or independently verify the source information supplied.
3.2 We will not express a formal audit opinion on the accuracy of the material we compile or its suitability for any specific purpose.
3.3 We will not accept liability in negligence for any reason, to anyone but you. A disclaimer to this effect will be included in our written tax advice.
3.4 Liability limited by a scheme approved under Professional Standards Legislation. Except as provided under the Australian Consumer Law, our maximum liability for services rendered under these Terms of Engagement will be capped in accordance with the applicable Professional Standards Scheme.
4.1 You must provide accurate, complete and timely information required for us to provide the accounting and tax agent services you have engaged us for, including any information and documentation reasonably requested to enable us to comply with our obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). Failure to provide the requested information or documentation may delay the commencement of our services or result in us being unable to act for you.
4.2 You remain solely responsible for the reliability, accuracy, completeness, and substantiation of any information provided to us for tax preparation.
4.3 You should retain all documentation that forms the basis of our tax advice for a period of at least 5 years as required by section 262A of the Income Tax Assessment Act 1936 (Cth) and section 25-5 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
4.4 You will let us know if the tax advice that we provide is intended to be disclosed to a third party, with the exception of the Australian Taxation Office (ATO).
4.5 You will allow us to communicate with and obtain relevant information from any third party as required to complete the work you have engaged us for.
4.6 You are responsible for providing all information, records, and approvals required to complete your work in sufficient time for us to meet applicable statutory lodgement and payment deadlines. We will not be responsible for any penalties, interest, or other consequences arising from a failure to provide information on time, or from delays outside our reasonable control.
5.1 Where possible, we will provide a fixed fee quotation upfront to complete the work required. If additional out-of-scope work is required, we will provide an updated quote prior to undertaking that work.
5.2 If we do not provide a fixed fee quotation, our charge-out rates are as follows:
5.2.1 General Accounting & BAS Compliance Work: $250 + GST per hour.
5.2.2 Advanced Taxation & Advisory Work: $350 + GST per hour.
5.2.3 ATO Audit Management & Representation: $450 + GST per hour.
5.3 You may ask for an estimate of fees at any time and we will provide one to you based on our assessment of the time required to complete any work.
5.4 We reserve the right to progress bill any work carried out on a fortnightly basis. If we progress bill, the balance of any total amount payable will be reduced by the amount of the progress bill.
5.5 You will pay our fees on time. Invoices for work done are payable within 14 days.
5.6 Client money held in Lighthouse Accounting’s client trust account may be used to directly satisfy any payment obligations of that client to Lighthouse Accounting, in accordance with the trust account obligations imposed on registered tax agents by the Tax Agent Services Regulations 2022 (Cth).
5.7 Late payments may incur a reasonable administrative charge to cover internal account recovery costs.
5.8 All costs incurred by us as a result of a default by you, including but not limited to administration charges, debt collection costs, and legal costs between solicitor and client will be payable by you.
5.9 You are required to maintain the confidentiality of our fees and charges
5.10 In the event that you do not proceed with onboarding after engagement has commenced, or if you terminate your engagement before the agreed services have been completed, a minimum administration fee of AUD $299 plus GST will be payable. This fee covers client onboarding, file setup, preliminary review work, administration and disengagement costs already incurred.
5.11 In addition to our professional fees, you agree to reimburse us for out-of-pocket expenses and disbursements incurred on your behalf in the course of providing the Services. These may include, but are not limited to, Australian Securities and Investments Commission (ASIC) fees, government charges and lodgement fees, company and title search fees, and similar third-party costs. Where practicable, we will notify you of any material disbursements in advance.
5.12 Where any invoice remains unpaid beyond its due date, we reserve the right to suspend all further work on your engagement until your account is brought up to date. We will not be liable for any loss, penalty, or missed deadline arising from a suspension of work due to unpaid fees.
6.1 Except as otherwise provided for under the Australian Consumer Law, we will not be liable for any loss or damage of any kind whatsoever, arising from the supply of the Services rendered by us to you, including:
6.2 You will indemnify us against all claims and loss of any kind whatsoever, however caused, or arising and without limiting the generality of the foregoing of this clause, whether caused or arising as a result of our negligence or otherwise, brought by any person in connection with any matter, act, omission, or error by us, our agents or our employees in connection with the Services rendered.
6.3 These Terms of Engagement are governed by the laws of the State of New South Wales, Australia, and any dispute arising under them will be subject to the non-exclusive jurisdiction of the courts of New South Wales. Any dispute will in the first instance be referred to mediation for resolution. In the event that resolution by mediation is not achieved to the satisfaction of both parties within 30 days of referral to mediation, either party may then take legal action to resolve the dispute. Nothing in this clause prevents us from taking legal action to enforce payment of any debt due, nor where required to seek interlocutory or injunctive relief. If you have any concerns or complaints about our services, we encourage you to raise them with us in the first instance by contacting Matthew Harris (Managing Director) at matthew@lighthouseaccounting.com.au, so we can seek to resolve the matter promptly. Separately, you retain the right to escalate complaints regarding our professional conduct or service standards directly to the Tax Practitioners Board (TPB) at tpb.gov.au.
6.4 If any provision of these terms is invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired. Failure by us to enforce any of these terms will not be deemed to be a waiver of any of our rights or obligations under these terms.
6.5 Nothing in these terms is intended to exclude, restrict or modify any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) where such exclusion would be void or unlawful.
7.1 Please let us know if any of these terms are unclear or if you require clarification regarding our scope of service. If your request is reasonable we will redraft them to ensure you are happy.
8.1 We may use artificial intelligence (AI) tools to assist with research, analysis, and drafting in the delivery of our services.
8.2 All AI-assisted work is reviewed and approved by qualified professionals before being provided to you.
8.3 We have disabled all model training settings on our AI platforms. Your information is not used to train or improve AI models.
8.4 AI tools may process data on servers located outside Australia.
8.5 Our use of AI tools does not alter the confidentiality obligations in clause 1.3 of these terms.
9.1 We may communicate with you and third parties by email and other electronic means in the course of providing the Services. You acknowledge that electronic communication carries inherent risks, including interception, delay, non-delivery, data corruption, and the transmission of viruses or malicious code.
9.2 While we take reasonable steps to protect the security and integrity of our electronic communications, we do not accept liability for any loss or damage arising from the use of electronic communication, except to the extent caused by our own negligence.
9.3 Where you request that we send sensitive information by email, you accept the associated risks of doing so.