Take charge of your future as a Tax Professional with Total Global Enterprises. Join our elite team and discover a rewarding career path filled with growth, learning, and unmatched opportunities.
Step 1: Register For Your Professional Tax Identification Number (PTIN
Click the link to register: https://rpr.irs.gov/ptin
Step 2: Complete the Tax Preparer Agreement Form Below
This Independent Contractor Agreement is made effective as of the signed date below ("Date") by and between("Tax Preparer") and Total Global Enterprises LLC ("Tax Preparation Company") In this Agreement, the party who is contracting to receive the services shall be referred to as "Tax Preparation Company," and the party providing the services shall be referred to as "Tax Preparer."
1. DESCRIPTION OF SERVICES. Beginning on the date signed, Tax Preparation Company will provide the following services (collectively, the "Services"):
a) Cloud Based Tax Software;
b) Banking Support;
c) Company Support;
d) Software Training (self-paced video); and
e) Training and Support to Tax Preparer.
2. REMUNERATION FOR SERVICES. Tax Preparer is entitled to receive 60% of fees collected from clients for Services rendered. Tax Preparer is required to issue an invoice to Total Global Enterprises LLC for Services provided to his/her clients. Tax Preparer will be paid from fees actually collected and will not be paid in instances where no fees are collected from clients. When a client's fee is taken from the client's refund, Tax Preparer will not be paid until that refund is issued. Tax Preparer is responsible for establishing the fee that is charged to each customer. Tax Preparer is aware of the percentage per agreement with owners. Preparer will get 10% Royalties from their team members returns after the following conditions are meet:
* Preparer must have 15 paid out tax returns by April 30th to activate the 10% Royalties from team members. Royalties will be paid on or before June 30th.
3. TAX PREPARER TAX RETURN. Tax Preparer's personal tax return processed through Tax Preparation Company's software will be $150, plus applicable fees. No commissions will be paid.
4. TERM/TERMINATION. This agreement automatically terminates on May 15, 2024. Tax Preparer will be subject to liability for breach of contract if, at any time prior to May 15, 2024, Tax Preparer terminates this agreement. Similarly, The Tax Preparation Company cannot terminate this agreement prior to August 1, 2024, unless Tax Preparer violates a term of this agreement. If Tax Preparation Company terminates this agreement where no breach of this agreement is found, Tax Preparation Company may be liable for breach of this contract. Termination for cause includes, but is not limited to, (a) a material violation of this agreement and has failed to cure such breach within five (5) days after receipt of written notice of such breach provided by the non- breaching Party; (b) engaging in any unlawful business practice related to that Party's performance under the agreement; or (c) any act exposing the other party to liability to others due to a willful.
5. RELATIONSHIP OF PARTIES. It is understood by the parties that Tax Preparer is an independent contractor with respect to Tax Preparation Company, and not an employee of Tax Preparation Company. As such, Tax Preparation Company will not provide fringe benefits, including health insurance benefits, paid vacation leave, workers' compensation insurance, or any other employee benefit, for the benefit of Tax Preparer. Tax Preparation Company will not (1) withhold FICA (Social Security and Medicare taxes) from Tax Preparer's payments or make FICA payments on Tax Preparer's behalf; (2) make state or federal unemployment compensation contributions on Tax Preparer's behalf, or (3) withhold state or federal income tax from Tax Preparer's payments. Tax Preparation Company shall pay all taxes incurred while performing services under this agreement - including all applicable income taxes and self-employment (Social Security) taxes.
6. LEGAL AGE. Tax Preparer must be of legal age in the state / province / country of their residence.
7. PTIN. Tax Preparer is required to obtain and maintain a Preparer's Tax Identification Number (PTIN) in accordance with the IRS's rules and regulations in place during the period covered by this agreement. Tax Preparer will not be allowed to prepare a return as a tax preparer for Tax Preparation Company without a registered PTIN. This agreement becomes null and void if Tax Preparer fails to obtain or, for any reason ceases to have a valid PTIN. Tax Preparer is required to only use his/her PTIN with Barry Consultant Solutions LLC.
8. CODE OF CONDUCT. Tax Preparer is required to govern himself/herself in accordance with all relevant state and federal laws, in particular those laws that address tax return preparation. Additionally, Tax Preparer is required to comply with any and all relevant administrative rules and regulations, particularly IRS Circular 230. Any willful or malicious activity conducted by Tax Preparer regarding the falsifying of documents or information in a tax return will be transferred to the Internal Revenue Service (IRS) and any other appropriate authorities. Additionally, by executing this agreement, Tax Preparer acknowledges that he/she is aware of the due diligence requirements and penalties imposed by the IRS with respect to the preparation of returns containing refundable credits (the earned income tax credit, the child tax credit, and the education expense credit Tax Preparer additionally agrees to prepare returns that follow these IRS due diligence requirements and that failure to do so represents a breach of this agreement.
9. LIABILITY. Tax Preparer is liable for following all applicable rules and regulations in the state in which they operate, and the IRS for all Services rendered under this agreement. By executing this agreement, Tax Preparer agrees to correct any errors or omissions whether intentional or inadvertent without compensation from Tax Preparation Company. Tax Preparer agrees that any liability associated with the provision of Services under this agreement will be that of Tax Preparer and not Tax Preparation Company. Tax Preparation Company shall not be liable to Tax Preparer's employees, governmental agencies or any other third parties as a result of Tax Preparer's failure to comply with any applicable federal, state or local law or any disputes arising from the essential terms and conditions of an employee's employment such as, but not limited to, hiring, firing, discipline, supervision, direction, wages and working conditions. Tax Preparer shall indemnify and hold harmless Tax Preparation Company, its affiliates, and its respective officers, directors, agents and employees from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys' fees and costs, arising out of, or relating to, Tax Preparer's employment and/or business practices.
10. WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions,improvements, new techniques, patents, products, materials, protocols, research papers, new programs or products, or other information (collectively, the "Work Product") made or developed in whole or in part by Tax Preparer within or after normal working hours in connection with the business or activities of Tax Preparation Company or any of its subsidiaries, shall be deemed to have been made or developed by Tax Preparer solely for the benefit of Tax Preparation Company and will be considered "work made for hire" within the meaning of the United States Copyright Act, Title 17, United States Code, which vests all copyright interest in and to the Work Product in Tax Preparation Company. In the event, however, that any court of competent jurisdiction finally declares that the Work Product is not or was not a work made for hire as agreed, Tax Preparer agrees to assign, convey, and transfer to Tax Preparation Company all right, title and interest Tax Preparer may presently have or may have or be deemed to have in and to any such Work Product and in the copyright of such work, including but not limited to, all rights of reproduction, distribution, publication, public performance, public display and preparation of derivative works, and all rights of ownership and possession of the original fixation of the Work Product and any and all copies. Additional, Tax Preparer agrees to execute any documents necessary for Tax Preparation Company to record and/or perfect its ownership of the Work Product and the applicable copyright.
11. CLIENTS. Tax Preparer is responsible for generating his/her own leads and clients for return preparation. Any clients obtained by Tax Preparer are the property of Tax Preparer.
12. OWNERSHIP OF SOCIAL MEDIA CONTACTS. Any social media contacts, including "followers" or "friends," that are acquired through accounts (including, but not limited to email addresses, blogs, Twitter, Facebook, YouTube, or other social media networks) used or created on behalf of Tax Preparation Company are the property of Tax Preparer.
13. TRAINING. Tax Preparer is required to complete all training necessary to qualify for and maintain his/her paid preparer status with the IRS. Tax Preparation Company may facilitate such training, but any such training is the IRS's training program that the IRS requires paid preparers to complete. A training assessment will be issued at the completion of the training. Tax Preparer is required to score 70% or better on examinations conducted with respect to any training in ordered to qualify to contract with Tax Preparation Company.
14. CONTINUING EDUCATION. Tax Preparer is responsible for completing any and all continuing education required to maintain his/her PTIN as mandated by the IRS.
15. CONFIDENTIALITY. Tax Preparer will not at any time or in any manner, either directly or indirectly, divulge, disclose, or communicate any information that is the property of Tax Preparation Company to any third party whether or not such conveyance personally benefits Tax Preparer. Tax Preparer also will not at any time or in any manner, either directly or indirectly, divulge, disclose, or communicate any information that is the property of any client of Tax Preparation Company. Tax Preparer will protect all such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, Tax Preparer will return to Tax Preparation Company all records, notes, documentation and other items that were used, created, or controlled by Tax Preparer during the term of this Agreement with respect to any Services provided that are required for Tax Preparation Company to comply with any due diligence requirements imposed by the IRS.
16. FILE AND RECORD MAINTENANCE. Tax Preparation Company will maintain all client return files in accordance with rules and regulations set forth by the IRS. Tax Preparer may access their clients' files as needed to respond to requests from the client or the IRS. Tax Preparer may maintain copies of their own records at a location of their choosing, but Tax Preparer accepts all liability for any disclosures of client information that occur as a result of these files they choose to maintain. This clause does not require Tax Preparation Company to create the files. The creation of the files is the sole responsibility of Tax Preparer. Tax Preparer acknowledges that he/she is aware of the various recordkeeping and due diligence requirements associated with each return that is prepared. Tax Preparer also acknowledges that he/she will follow all IRS rules with respect to file and recordkeeping.
17. OFFICE AND EQUIPMENT USE. Tax Preparer has the option to work in an office environment and office space to prepare returns for his/her clients. Tax Preparer is permitted to utilize any of his/her own equipment or resources to assist in the preparation of returns for his/her clients as long as none of this utilization violates any existing licenses, covenants, etc. of Tax Preparation Company. Tax Preparer is free to set his/her own hours and number of hours worked, and is free to utilize Tax Preparation Company's office space assuming there is availability.
18. BUSINESS EXPENSES. Any expenses associated with Tax Preparer's provision of Services are his/her own and will not be reimbursed by Tax Preparation Company. This includes, but is not limited to: automobile expenses associated with providing Services for clients; any office supplies used by Tax Preparer; costs associated with Tax Preparer's retaining employees, agents, or contractors.
19. POLICIES AND PROCEDURES. Tax Preparer agrees to adhere to the policies, standards, and regulations that Tax Preparation Company has established or to which Tax Preparation Company is subject to perform according to federal, state or local requirements, as they may be amended from time to time. To the extent, if any, that the policies of Tax Preparation Company, or instructions of Tax Preparation Company staff, conflict with the provisions of this agreement, the provisions of the agreement shall control.
20. INDEMNIFICATION. Tax Preparer agrees to defend, indemnify and hold harmless Tax Preparation Company from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against Tax Preparation Company that result from the acts or omissions of Tax Preparer, Tax Preparer's employees, agents, or designees, if any.
21. DISPUTES: In the event a dispute arises between Tax Preparation Company and Tax Preparer regarding their respective rights, duties, or obligations under this agreement, or in the event of a claim of breach of the Tax Preparer Agreement, it is agreed that the parties will work in good faith to resolve the issue. If the parties cannot resolve the issue after seven (7) days, the dispute shall be first submitted to mediation. The parties shall share the cost of mediation. If mediation is unsuccessful, the parties may proceed to binding arbitration under the Commercial Rules of the American Arbitration Association with arbitration to occur at Owings Mills, MD, United States. The Arbitrator may award, in addition to declaratory relief, contractual damages and shall award reasonable attorney's fees and costs to the prevailing party. An award of attorney's fees and costs shall continue through any review, appeal or enforcement of an arbitration decision. The arbitration decision may be enforced in any court of competent jurisdiction. This provision shall not be construed so as to prohibit either party from obtaining preliminary or permanent.Injunctive relief in any court of competent jurisdiction. The parties each expressly waive their right to collect consequential, punitive and exemplary damages from the other party.
22. TRADEMARKS. Tax Preparation Company's name trademarks, service marks and copyrighted materials are owned by Tax Preparation Company. The use of such marks and materials must be in strict compliance with these Policies and Procedures.
23. NOTICE. All notices and statements required to be given hereunder must be in writing and delivered by hand, email or fax and followed by first class mail confirmation copy to the address set forth below or to such other address as notifying party has been advised in writing by the other
If to Tax Preparation Company:
Total Global Enterprises LLC
Address: 135 W Illinois Ave
Unit #114
Southern Pines, NC 28387
Email: [email protected]
25. ENTIRE AGREEMENT. This agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement, whether oral or written, that usurp the provisions contained herein.
26. AMENDMENTS. No amendments, variations, modifications or alterations of the terms and conditions of this agreement shall be valid unless in writing and signed by all parties; provided however, this agreement can and will be amended at any time to conform with all Federal and State laws and regulations.
27. SEVERABILITY. If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
28. ASSIGNMENT. Tax Preparer's rights and obligations under this Agreement are personal and not assignable.
29. WAIVER. Failure to insist on strict compliance with any of the terms, covenants, or conditions of this agreement shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver of relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of the right or power for all or any other times.
30. AMBIGUITIES. Ambiguities, if any, in the agreement shall be reasonably construed in accordance with all relevant circumstances including, without limitation, prevailing practices in the place where the contract is to be performed. No ambiguous provision may be construed against a party merely because that party authored the ambiguous provision.
31. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of North Carolina. Any action at law, suit in equity or other judicial proceeding for the enforcement of this Agreement of any provision thereof shall be instituted only in a court of competent jurisdiction in the County of Cumberland.
By: Tania Dawkins
ANTI-FRAUD POLICY INTRODUCTION
Total Global Enterprises LLC is committed to ethical behavior and values. It is amongst its first priorities to establish a corporate and working culture that enhances the value of ethics and promote the individual responsibility as well. To this effect, the company has established a Code of Business Conduct and Ethics, a Code of Conduct and Ethics for all Data Entry Consultants, Financial Consultants, Independent Business Owners, Corporate Officers and Directors and an Ethics and Compliance Policy, which set the highest standards for personnel conduct related to ethical behavior and alertness. The cornerstone in preventing fraud is the creation of an environment that fosters morality, integrity and business conduct.
1. FRAUD DEFINITION: Fraud can be defined as: "Any illegal acts characterized by deceit, concealment, or violation of trust. These acts are not dependent upon the application or threat of violence or of physical force. Fraud is perpetrated by parties and organizations to obtain money, property, or services; to avoid payment or loss of services; or to secure personal or business advantage."
Fraud may involve:
* Falsification or alteration of financial/accounting documents and/or records, Misappropriation of assets or theft.
* Suppression or omission of the effects of transactions from records or recording of transactions without substance,
* Intentional misapplication of financial/accounting policies or willful misrepresentation of transactions or of the entity's state of affairs,
*Misapplying personal or business funds
Fraud may also involve manipulation of information system applications and data for personal advantage.
2. PURPOSE & SCOPE
The purpose of this document is to outline the responsibilities of all the involved parties with respect to fraud prevention, the actions to be taken if fraud is suspected and the mechanism of verifying suspicion of fraud, the reporting process and the recovery action plan.
3. RESPONSIBLITIES
AUDIT and COMPLIANCE COMMITTEE
The Committee's duties and responsibilities are included in the independent contractor contract. The Audit and Compliance Committee should ensure that the Company has put into practice an effective ethics and compliance program and is currently derived and defined by the relevant policy codes referred to herein. It should be stressed that fraud has been, frequently, attributed to the weaknesses or override of the internal controls. Therefore, the Audit and Compliance Committee plays an important role by ensuring that the Company has identified the key risk areas and internal controls adequately address and mitigate those risks.
OFFICERS AND KEY PERSONNEL
The administrative personnel of the Company constitute the front line of monitoring and preventing fraud. Directors are responsible to monitor business activities of Preparer and be aware of and alert to potential signs of fraud. Administration is accountable to "set the tone at the top", point out the risks to which the operations and the systems are exposed, establish an effective system of Internal Controls, Governance and Risk Management process, and follow up systematically on the implementation of the Company's procedures and policies.
ORGANIZATION
Preparer is responsible to act at all times with the highest degree of honesty, integrity, accountability, and propriety. Preparer should conduct their duties in a manner that does not jeopardize, to the contrary, safeguards the Company's resources and assets. Preparer shall comply with the Company's Code of Business Conduct and Ethics, and the Code of Conduct and Ethics for Corporate Officers and Directors. If fraud, violation, unethical conduct or dishonest practice is suspected and/or verified, then it should be reported through the "Ethics and Compliance" at Total Global Enterprises LLC and provide any required information during the investigation process.
"The Internal Auditor should have sufficient knowledge to identify the indicators of fraud but is not expected to have the capacity of a person whose primary responsibility is detecting and mitigating Fraud.'
The Internal Auditor is responsible to evaluate the adequacy of the internal control system, prioritize auditing activities in accordance with a documented risk assessment plan, and provide recommendations, through consulting and assurance activities.
4. FRAUD RESPONSE PLAN
The fraud response plan is a guide to follow in the event of fraud being discovered or suspected. Its purpose is to ensure that proper action is taken in case of fraud. Any allegations of fraud, theft or other irregularity should be reported via the Ethics and Compliance at Total Global Enterprises LLC.
All allegations are reported anonymously, are treated as confidential and are directed to the Audit and Compliance Committee, which will undertake any further investigation.
The Audit and Compliance Committee is responsible to retain any relevant records, examine the allegations, and plan the investigation and deterrence of fraud. Deterrence of fraud lies with management. The Audit and Compliance Committee will appoint a suitable person, internal or external, to investigate and ensure that the investigation is conducted in a professional manner. The Audit and Compliance Committee and the management are responsible to secure the anonymity and prevent the harassment or discrimination of the people that make such allegations.All records and reports of the investigation process should be under the custody of the Audit and Compliance Committee, retained in a safe place with restricted access in the Company headquarters. The Internal Auditor should be periodically informed of the progress and the final conclusions of any such investigation.
5. DISCIPLINARY / LEGAL ACTION
Proven fraud or suspected fraud which comes to light, whether perpetrated by a member of Total Global Enterprises LLC or by persons external to the organization, should be referred to the appropriate authorities, internally or externally, at the earliest possible opportunity.
6. PERSONAL CONDUCT
The personal conduct is governed by the Code of Business Conduct and Ethics, the Code of Conduct and Ethics for Corporate Officers and Directors and the Ethics and Compliance Policy.
7. FRAUD DETECTION / ETHICS & COMPLIANCE POLICY
Preparer should be alert to the possibility that unusual events or transactions could be symptoms of fraud or attempted fraud. An "Ethics and Compliance" policy is in place and enables the reporting of fraud or other illegal actions. The "Ethics and Compliance" policy shall ensure that all Preparer have free access to which unbiased judgment is addressed and anonymity and confidentiality are maintained.
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