Terms & Conditions of Service

Terms of Engagement and Standard Terms of Business

This document outlines the basis on which we will act, our respective responsibilities, and our Standard Terms of Business.

Agreement of Terms

Our Services are supplied only on the terms set out in this document and the Standard Terms of Business below. Please carefully read through this document. Formal acceptance of this document is within our checkout flow.  

We also imply your consent by engaging with our non-paid services. 

Once it has been agreed, this letter and the Standard Terms of Business below will remain effective until they are replaced.

The following standard terms of business apply to all engagements accepted by Submyt Tax Limited. All work carried out is subject to these terms except where changes are expressly agreed in writing.

Our Responsibilities

We will prepare:

  • The self-assessment capital gains tax returns and computations, along with any necessary supplementary pages or years charged separately.
  • All required capital gain/loss calculation and tax returns (CG1/ Form 11) based on the information you provide. We will submit your returns to the Revenue Commissioners within the applicable deadlines once approved by you.
  • We will calculate your capital gains tax liability and advise you on the amount due and payment deadlines. 
  • If requested, we will also advise on potential interest and penalties for late payments. Late filing penalties are calculated as a percentage of the total tax due for the relevant year and depend on the delay duration. The revenue commissioners will confirm a final figure. 
  • If specialist advice is required, we may consult or refer you to an appropriate expert.
  • We reserve the right to refuse service in circumstances where accounts require a broader skillset or focus. A refund will be applicable in this case.
Future changes in law, application or policy
  • We accept no liability for losses arising from legal or policy changes published after the date of our advice.
  • We are not responsible if you act on previous advice without verifying its continued validity in light of changes in law, practice, public policy, or your personal circumstances.
  • We are not responsible for system issues or errors that are the result of downtime or maintenance. We will endeavor to avoid this in critical time frames. 
Your Responsibilities

To enable us to provide accurate and timely services, you agree to: 

  • Submit all necessary information on time to ensure efficient completion and filing of your capital gains tax returns. You should also notify us of any significant changes in your circumstances that may affect your tax position. If you are unsure, please consult us for clarification.
  • Fully disclose all relevant income sources, charges, allowances, and capital transactions (including share purchases, disposals, bonus/rights issues, share splits, and gifts that may be subject to CGT). 
  • Provide complete and accurate information.. 
  • Authorize us to contact third parties (such as professional valuers) if necessary to obtain required information. 
  • Inform us of any communications from the Revenue Commissioners that may affect our tax calculations. 

As a taxpayer, you are legally responsible for: 

  • Filing your returns on time
  • Paying tax obligations on time
  • When approving your tax returns completed by us, you remain legally responsible for their accuracy and cannot delegate this responsibility to us or a nominee. You should carefully review all returns prepared by us before approval.
  • Responding to the Revenue Commissioners future enquiries about this return should they arise. 
  • Failing to complete the above may result in penalties and interest outlined by the Revenue Commissioners.
  • Retaining personal records such as annual statements, of your disposals. 
  • If you receive an enquiry from the Revenue Commissioners that indicates an error on our part, you are required to share this communication with us via support@submyt.com as soon as possible so we may address it within set deadlines. 

Standard Terms of Business

Anti-Money Laundering Requirements

Under anti-money laundering legislation, it is necessary for us to verify your identification and current home address.

We will ask you to provide a copy of the following:

  • Proof of identity, such as passport or driving licence. This must be a government issued document that has your picture on it. If using a driving license or public services card, please send both sides of the card. 
  • Proof of current home address, such as a recent utility bill. (must be a recent copy of a paper bill and not an online statement).

We may use a third party provider to verify and store such documents. We will only solicit partners who meet or exceed current AML and data protection legislation. 

Anti-Money Laundering Reporting Obligations

The Criminal Justice (Money Laundering and Terrorist Financing) Acts, 2010 to 2021, require tax professionals to install provisions for the purposes of anti-money laundering. These provisions include requirements to ensure certain procedures and reporting obligations in respect of our suspicions regarding offences under the money laundering legislation.

Tax professionals are required to;

  1. Validate the identity of new clients and safely retain records used for the purposes of identification for at least five years. This 5 years commences at the end of our relationship.   
  2. Implement anti money laundering systems and processes;
  3. Report suspicions of money laundering to an Garda Siochana and the Revenue Commissioners from the above procedures and processes
  4. Establish robust procedures to ensure all transactions connected with certain allocated states and territorial units and entities are appropriately reported;
  5. Establish the names of the beneficial owners of client’s businesses or entities controlled by clients and
  6. Establish the identities of clients who may be Politically Exposed Persons, (as defined in the legislation)

We have legal responsibilities under the Criminal Justice (Terrorism Offences) Act, 2005, to report suspicions of the financing of terrorism. We are obliged and comply with providing the processes and training needed for employees to detect terrorist financing activities.

Our anti money laundering and terrorist financing regulation is directly governed and supervised by the AMLCU under the Department of Justice.  

Client Monies

We will not hold money nor ask to hold money on your behalf. Any requests to do so outside of annual subscription renewals are very unlikely to be from submyt. If you do receive an unsolicited request like this please contact us directly before sending any funds. 

Electronic Communication

We will make every effort to use modern and secure methods for electronic communication. However, we cannot guarantee that such communications will be entirely secure or free from interception, delays, loss, or corruption that may render them unreliable.

Notwithstanding any collateral contract, warranty, or representation, neither we nor our partners, employees, agents, or representatives shall be liable to you under any circumstances, whether in contract, tort (including negligence), or otherwise. While we will employ commercially reasonable procedures to screen for commonly known viruses before transmitting electronic information, we accept no liability—whether in contract, tort (including negligence), or otherwise—for any errors, omissions, or issues arising from electronic communications, your reliance on such communications, or the actions or omissions of our service providers.

This exclusion of liability does not apply in cases where our partners, employees, agents, or representatives engage in acts, omissions, or misrepresentations that are criminal, dishonest, or fraudulent.

If the communication pertains to a matter of significance and you have concerns about the potential risks associated with electronic transmission, we recommend requesting a hard copy. Should you require password protection for certain documents, please discuss this with us so that we can arrange appropriate security measures.

Data Protection

We confirm that we comply with all applicable Data Protection Laws when processing your personal data. “Data Protection Laws” refers to the Data Protection Act 1998 (until repealed), the General Data Protection Regulation 2016/679 (“GDPR”) effective from 25 May 2018, and any legislation implementing the GDPR in the Republic of Ireland. It also includes the Privacy and Electronic Communications (EC Directive) Regulations 2003, as well as any other applicable laws and regulations governing the processing of personal data and privacy, including guidance and codes of practice issued by the Information Commissioner or any other relevant supervisory authority. This also extends to equivalent regulations in any relevant jurisdiction.

The controller of your personal data is SUBMYT TAX LIMITED, and its primary use will be for the provision of our services. We process your personal data as it is necessary for the performance of our contract with you. Additionally, we may process your personal data for marketing purposes, with further details regarding our lawful basis for such processing outlined in our privacy policy.

You retain the right to opt in or out of our marketing / newsletter at your convenience. 

For more information about how we handle your personal data and your rights, please refer to our privacy policy, available on https://submyt.com/privacy-policy/

Applicable Law

This engagement letter shall be governed by and interpreted in accordance with the laws of the Republic of Ireland. The courts of the Republic of Ireland shall have exclusive jurisdiction over any claim, dispute, or matter arising in connection with this engagement letter.

Each party irrevocably waives any right to object to proceedings being initiated in these courts, to argue that the chosen forum is inconvenient, or to dispute the jurisdiction of these courts.

Quality Service

It is our core mission to provide a better service than anyone else in this space. If for any reasonable reason you are dissatisfied with the service we have provided, please get in touch and we will work towards an amicable outcome. 

Fees

We operate on a flat fee annual subscription basis. 

 

Cashback may be applicable via our referral program where we offer €20 cash sent back depending on the  successful onboarding and payment received on part of the referee as well as an active plan for the referrer. We reserve the right to pause or stop this program at any time. 

 

Claims, chargebacks or any other various forms of retaliatory refunds will be pursued through the courts if full service has been delivered.  

 

Our fee’s are set for life also known as grandfathered. This means your fee’s paid on day one of our relationship stay that way while you hold an active subscription. If membership is broken for any reason, resigning with submit will be set to the price on the day. We withhold the right to increase prices in cases where unavoidable costs surpass the gross income from the subscription.

Referral Program

We offer an optional referral program. There is no obligation to participate doing so is completely under the explicit understanding of the following terms and conditions. 

Successful referrals 

  • A successful referral is where a referee has signed up, paid and for professional and professional plus accounts has validated their account. 

Payments 

  • Are made quarterly (last month of the quarter) to bank accounts and monthly to PayPal account holders one calendar month post signup. 
    • Bank transfers are made in the last month of the quarter following a successful referral. 
    • PayPal payments are made the month following a successful referral.

  • €20 per successful referral

  • Where there are multiple referrals for one party, the person who made the first referral will receive the payment. 

Ambassadors

  • Must at all times publicly disclose that they will financially benefit and/ or under incentivisation to promote Submyt Tax Limited

We reserve the right to withdraw or modify this service at any time. 

 

Commercial/ multiple use of accounts

Submyt.com is intended for use by private clients and is not for commercial use. Use detected by multiple parties or entities will be closed under a breach of our terms of service. Breaches of this term void any refund obligations. 

Limitation of Liability

We will deliver our professional services with reasonable care and skill. However, we are not responsible for any losses resulting from incorrect or incomplete information provided by you or others, failure to supply necessary information, failure to act on our advice, or delays in responding to communications from us or relevant authorities.You remain legally responsible for your tax affairs (see “Your Responsibilities”)

You agree to hold us harmless and indemnify us against any misrepresentation—whether intentional or unintentional—made to us, either orally or in writing, in connection with this agreement. Furthermore, you agree not to bring any claims against our employees personally in relation to services provided by the firm.

Liability Cap
  • Our total liability to you for any loss or damage arising from or in connection with this engagement shall be limited to the lower of the following two amounts:
    1. Cap – Our liability for breach of contract, duty, negligence, or any other claim arising out of or in connection with this engagement shall not exceed two and a half times the fees charged to you under this engagement. This cap applies only to direct liabilities and claims. It does not apply to liabilities for death, personal injury, or any other matter where exclusion or limitation is prohibited by law.
    2. Multiple Parties – If more than one party (excluding us) is subject to the engagement letter, liability limits will be allocated among them. Unless an explicit allocation is stated in the engagement letter, allocation shall be a matter for the parties involved, and we are not required to be informed. If no allocation is agreed upon, joint and several liability will apply, and you agree not to contest the validity or enforceability of the liability cap based on the absence of an agreed allocation.
Proportionality of Liability
  • Our liability for any breach of contract, duty, negligence, or other claims shall be limited to our proportionate share of the direct loss or damage (excluding interest and costs) suffered by you. This proportion will be determined by agreement between the parties or, failing that, by a court of competent jurisdiction. The allocation will consider our degree of fault in relation to the loss, as well as the fault of other parties, including you, irrespective of whether you can recover from them.
  • This provision does not apply to liability for:
    • Death or personal injury
    • Fraud by us (or for which we are vicariously liable)
    • Indirect or consequential losses, including economic loss
    • Any liability that cannot lawfully be excluded or limited under applicable law
  • When assessing the responsibility of other parties for the loss or damage, any contractual limits or settlement agreements restricting their liability shall be disregarded.
Agreement of Terms

Engagement with our website and paid services implies agreement to the aforementioned terms. it will exist while there is an active subscription unless amendments are made and need to be reagreed.