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Engagement Letter Template for LLP Annual Accounts & Tax Return

Non-audited LLP accounts, tax return preparation, compliance, and responsibilities clarified.
Engagement Letter Template
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LLP Accounts & LLP tax return

This schedule should be read in conjunction with the engagement letter and the standard terms and conditions.

Introduction

You have engaged us to help you prepare the accounts (financial statements) in accordance with the requirements of the Companies Act 2006 and accounting framework agreed and applicable to you, and for preparing accounts for filing with the Registrar of Companies.You have also engaged us to help you prepare file the LLP tax return, together with tax computation and iXBRL format of the financial statements on your behalf based on the accounting records, the information and explanations that you provide us and in accordance with the current tax legislation applicable to you.

Your responsibilities

Unaudited LLP Accounts

As members of the limited liability partnership (LLP), you are required by statute for preparing financial statements for each financial year, which give a true and fair view of the state of affairs of the LLP and of its profit or loss for that period and which have been prepared in accordance with the Companies Act 2006.
As members, you must not approve the accounts unless you are satisfied that they give a true and fair view of the assets, liabilities, financial position and profit or loss of the LLP.You have instructed us to prepare abridged accounts under The Small Companies and Groups (Accounts and Members’ Report) Regulations 2008 as amended. As members, you are responsible for obtaining the necessary consents from all members and for delivering the required statement to the registrar.In preparing the financial statements you must:
  • Select suitable accounting policies and then apply them consistently.
  • Make judgements and estimates that are reasonable and prudent.
  • Prepare the accounts on the going concern basis unless it is not appropriate to presume that the LLP will continue in business.
It is your responsibility to keep proper accounting records that disclose with reasonable accuracy at any particular time the financial position of the LLP and for ensuring that the financial statements comply with applicable accounting standards and with the Companies Act 2006 and give a true and fair view. By approving the financial statements, you will be acknowledging this responsibility.It is also your responsibility to safeguard the assets of the LLP and to take reasonable steps for the prevention of and detection of fraud and other irregularities with an appropriate system of internal controls.You are responsible for ensuring that the LLP complies with the laws and regulations that apply to its activities, and for preventing non-compliance and detecting any that occurs.You are responsible for determining whether, in respect of the year concerned, the LLP meets the conditions for exemption from an audit set out in section 477, 479A or 480 of the Companies Act 2006, and for determining whether, in respect of the year, the exemption is not available for any of the reasons set out in section 478 of the Companies Act 2006.You are also responsible for making available to us, as and when required, all the LLP’s accounting records and all other relevant records and related information, including minutes of management and shareholders’ meetings.If financial information is published on the LLP’s website or by other electronic means which includes a report by us or otherwise associated with us, you must inform us of the electronic publication and get our consent before it occurs and ensure that it presents the financial information and the accountant’s report properly. We have the right to withhold consent to the electronic publication of our report or the financial statements if they are to be published in an inappropriate manner.It is your responsibility to set up controls to prevent or detect quickly any changes to electronically published information. We are not responsible for reviewing these controls or for keeping the information under review after it is first published. You are responsible for the maintenance and integrity of electronically published information, and we accept no responsibility for changes made to [any] information after it is first posted.

LLP tax return and iXBRL tags

You are legally responsible for:
  • ensuring that the LLP tax return (including tax computation, any other attached or enclosed information, XBRL tags and iXBRL file) is correct and complete; and
  • filing any returns by the due date; and
  • paying tax on time.
Failure to do this may lead to penalties and/or interest.Legal responsibility for approval of the return cannot be delegated to others. You agree to check that the forms that we have prepared for you are complete before they approve them.To enable us to carry out our work, you agree:
  • that all returns are to be made on the basis of full disclosure of all sources of income, charges, allowances and capital transactions;
  • to provide all information necessary for dealing with the LLP’s affairs. In particular, you are responsible for advising in writing, via the nominated member, on the members’ allocation of profits, losses, other income and allowances; we will rely on the information and documents being true, correct and complete and will not audit the information or those documents.
  • to authorise us to approach such third parties as may be appropriate for information that we consider necessary to deal with the LLP’s affairs.
  • to provide full details of all UK residential property disposals including associated costs/valuations prior to disposal.  Where you consider that an LLP member will be non-UK resident in the tax year of disposal, full details of all UK property disposals (residential and non-residential) and disposals of shares in UK property rich companies or UK property rich collective investment vehicles, or such other entities must be advised prior to exchange of contracts or agreement to transfer shares or units.   If information is received after this date, we cannot guarantee that we can provide advice on the amount of capital gains tax due or submit an in-year return within 30 days after the completion date of the disposal.
  • to provide us with information in sufficient time for the LLP tax return to be completed and submitted by the due date following the end of the tax year. In order that we can do this we need to receive all relevant information by at least three months before the due date. Where feasible, we may agree to complete your return within a shorter period but may charge an additional fee for so doing.
You will keep us informed of material changes in circumstances that could affect the partnership tax returns or the partnership statements including, by way of example, changes in the members in the LLP. If you are unsure whether the change is material or not, please let us know so that we can assess its significance.Where you wish us to deal with HMRC communications you will forward to us all communications received from HMRC such as HMRC statements of account, copies of notices of assessment and letters. These must be provided in time to enable us to deal with them as may be necessary within the statutory time limits. It is essential that you let us have copies of any correspondence received because HMRC is not obliged to send us copies of all communications issued to you.HMRC will send you an agent authorisation code which expires within 30 days of issue. Please send this to us as soon as you receive it. This code will enable us to register as your agent with HMRC. This authorises HMRC to communicate with us as your agent, although they consider that you should still take ‘reasonable care’ over your tax affairs.You are responsible for monitoring the monthly turnover to establish whether the LLP is liable to register for VAT, if it is not already registered. If you do not understand what you need to do, please ask us. If the LLP turnover exceeds the VAT registration threshold, and you wish us to assist in notifying HMRC of the LLP’s obligation to be VAT registered, we will be pleased to assist in the VAT registration process. You should notify us of your instructions to act in relation to the LLP’s VAT registration in good time to enable a VAT registration form to be submitted within the time limit of one month following the month in which the current VAT registration turnover threshold was exceeded. We will not be responsible if we are not notified in time and a late registration penalty is incurred.You are responsible for employment taxes, pensions (including auto-enrolment) and the assessment of the employment status of your workers. If your business is not small, you are responsible for assessing the employment status under the off-payroll working rules of any contractors providing services to your business and for employment taxes if they are deemed employees. If you do not understand what you need to consider or what action you need to take, please ask us. We will not be in a position to assist you in complying with your responsibilities if we are not engaged to provide such a service. We are not responsible for any penalty that is incurred.If your LLP is part of group or consortia and if you wish us to carry out any group or consortia related work, including group relief claim, consortia relief claim, intra-group dividends, interest and royalties, withholding tax obligations on payments to group companies, etc, you are responsible to instruct us accordingly. There will be separate fees for the work and will be agreed accordingly.The work carried out within this engagement will be in respect of the LLP’s tax affairs. Any work to be carried out for the members on a personal basis will be set out in a separate letter of engagement.

Our responsibilities

Unaudited LLP Accounts

We will plan our work on the basis that no report on the financial statements is required by statute or regulation for the year, unless you inform us in writing to the contrary. We will make enquiries of management and undertake any procedures that we judge appropriate.You have told us that the LLP is exempt from an audit of the financial statements. We will not check whether this is the case. However, if we find that the LLP is not entitled to the exemption, we will inform you.We will not be carrying out any audit work as part of this assignment and accordingly will not verify the assets and liabilities of the LLP, nor the items of profit and loss. Accordingly, we shall not seek any independent evidence to support the entries in the accounting records, or to prove the existence, ownership or valuation of assets or completeness of income, liabilities or disclosure in the accounts. Nor shall we assess the reasonableness of any estimates or judgements made in the preparation of the accounts. Consequently, we will not be able to provide any assurance that the accounting records or the financial statements are free from material misstatement, whether caused by fraud, other irregularities or error, or to identify weaknesses in internal controls. To carry out an audit would entail additional work to comply with International Standards on Auditing (ISA) so that we could report on the truth and fairness of the financial statements.We will advise you on whether your records are adequate for preparation of the financial statements and recommend improvements on anything we come across during our work.We have a professional duty to compile financial statements that conform with generally accepted accounting principles from the accounting records and information and explanations given to us. The accounting policies on which the financial statements have been compiled will be disclosed in the notes to the financial statements. We will not compile financial statements if the accounting principles, or the accounting policies selected by management, are inappropriate.We also have a professional responsibility not to allow our name to be associated with financial statements which we believe may be misleading. Therefore, although we are not required to search for such matters, if we become aware, for any reason, that the financial statements may be misleading, we will discuss the matter with you with a view to agreeing appropriate adjustments and/or disclosures in the financial statements. In circumstances where the adjustments and/or disclosures that we consider appropriate are not made, or if we are not provided with appropriate information and, as a result, we consider that the financial statements are misleading, we will withdraw from the engagement.As part of our normal procedures, we may ask you to confirm in writing any information or explanations given to us orally during our work.

LLP tax return and iXBRL tags

For the purpose of the delivery of the LLP’s tax return, we will use commercial software to apply XBRL tags to items in the accounts as we consider appropriate for the purposes of submission, for tax purposes, of the accounts in iXBRL via the relevant official gateway.We will, to the extent we consider necessary, manually amend or apply tags where the software has not applied automatic tagging or where we consider any automatic tagging to have been inappropriate.We will provide you with detailed information about the tagging applied for your approval if requested to do so.We will prepare the LLP self-assessment tax return which includes the annual partnership statements, together with any supplementary pages required, from the information and explanations that the LLP provides to us. After obtaining your evidenced approval, we will submit these to HM Revenue & Customs (HMRC).We will prepare the income tax and capital gains tax computations based on the LLP’s business accounts for inclusion in the partnership tax return from accounts, information and explanations provided to us on your behalf.Where instructed by you, we will advise you as members of the LLP as to possible tax return-related claims and elections arising from information supplied by the LLP in the form and manner required by HMRC.If instructed, we will provide each member or their agent with details of the member’s allocations from the LLP return based on the partnership statement, to enable members to fill in their self-assessment tax returns. The split of profits and gains between the members will be allocated on the basis provided to us. We will not provide any other information to individual members unless this is authorised and forms part of a separate engagement.If any of the individual members require personal tax advice or require us to prepare a personal tax return and/or wish us to make possible tax return-related claims, please let us know as this will be the subject of a separate engagement letter.Ad hoc queries by way of telephone and email enquiries are not routine compliance and may result in additional fees. As indicated below, where appropriate we will aim to discuss and agree additional fees, but it may not always be possible to agree these in advance and we reserve the right to charge you an additional fee for these queries.

Form of the accountants’ report

We will attach to the accounts a report developed by the Consultative Committee of Accountancy Bodies (CCAB), which explains what work has been done by us, the professional requirements we fulfil and the standard to which the work has been carried out.We will report to the members as appropriate that, in accordance with this engagement letter and to assist you to fulfil your responsibilities, we have not carried out an audit but have compiled the financial statements from the accounting records and from the information and explanations supplied to us. To the fullest extent permitted by law, we do not accept or assume responsibility to anyone other than the LLP for our work or for this report. If you wish to share this report with third parties, before doing so, you must discuss this with us, receive our consent and follow any stipulated conditions.The intended users of the report are the members of the LLP, and the report will be addressed to the members.Once we have issued the report, we have no further direct responsibility in relation to the accounts for that financial year. However, we expect that you will inform us of any material event occurring between the date of our report and that of the annual general meeting that may affect the accounts.

Ad hoc and advisory work

The scope of our services provided to you will be only as set out above and all other services which we may offer are excluded. If you instruct us to do so, we will provide such other taxation, ad hoc and advisory services as may be agreed between us from time to time. These services will be subject to the terms of this engagement letter and standard terms and conditions of business unless we decide to issue a separate engagement letter. An additional fee may be charged for these services.Examples of such work include:
  • advising on the in-year Capital Gains Tax (CGT) reporting requirements on disposals of property, and preparing the in-year return and calculating the CGT due where required note this work will always result in additional fees.  We will require you to provide information as early as possible in advance of exchange of contracts in order to provide advice on the tax implications, reporting requirements and to quantify the tax bill;
  • advising on ad hoc transactions and queries (including telephone conversations), preparing and submitting information in the relevant format to HMRC and calculating any related tax liabilities;
  • advising on double tax relief if appropriate;
  • dealing with any enquiry opened into the LLP’s tax return or tax affairs by HMRC; and
  • preparing any amended returns that may be required and corresponding with HMRC as necessary.
Where specialist advice is required on occasion, we may need to seek this from or refer you to appropriate specialists. We will only do this when instructed by you.

Changes in the law, in practice or in public policy

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 the light of any change in the law, practice, public policy or in your circumstances.We will accept no liability for losses arising from changes in the law (or the interpretation thereof), practice or public policy that are first published after the date on which the advice is given.

Limitation of liability

Our services as detailed above are subject to the limitations on our liability set out in the engagement letter and in of our standard terms and conditions of business. These are important provisions, which you should read and consider carefully.There are no third parties that we have agreed should be entitled to rely on the work done pursuant to this engagement letter. 

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What is the purpose of this engagement letter template?

The engagement letter template helps define the scope of work, responsibilities, and terms of agreement between you and your client. It ensures both parties have clear expectations and a mutual understanding of the service arrangement.

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This template is ideal for:

  • Accountants
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  • Tax Advisers

What sections are included in the template?

The template includes:

Scope of Services: Outlining the tasks related to the service
Client Responsibilities: Clearly defining what the client needs to provide.
Other Key arrangements: Covering other key agreements related to the service.

Can I customise the template to suit my business needs?

Yes, the template is fully customisable. You can modify sections to align with your business practices, legal requirements, and client preferences.

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