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Tax Services Agreement

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TAX SERVICES AGREEMENT

This Tax Services Agreement ("Agreement") is entered into between Tax Preparer: and Client Name: . Engagement Date:

TAXPAYER IDENTIFICATION







TAXPAYER IDENTIFICATION NUMBER (TIN)

Social Security Number (if applicable):      Employer Identification Number (if applicable):

SCOPE OF ENGAGEMENT

The Preparer will prepare the following returns and related filings as elected by Client and as agreed in writing: federal income tax return, state income tax return(s), and related information returns for the tax period(s) specified below. The specific services to be performed will include preparation, review, and transmission for filing. Additional services beyond the scope below will require separate written agreement.



FEES, BILLING AND PAYMENT

Client shall pay Preparer fees as described below. Fees are due upon delivery of the completed return(s) unless other arrangements are set forth in writing. Client is responsible for any filing fees, penalties, or interest assessed by taxing authorities.

CLIENT RESPONSIBILITIES

Client shall provide complete and accurate records, information, and documentation necessary for the preparation of returns. Client acknowledges responsibility for the accuracy and completeness of the information provided to Preparer.

AUTHORIZATION AND CONSENT

By signing this Agreement, Client authorizes Preparer to prepare and file the returns specified and to communicate with taxing authorities on Client's behalf for the purposes of obtaining information necessary to complete the engagement.



RETAINER, RECORDS, AND PRIVACY

Preparer will retain copies of tax returns and workpapers for a period consistent with professional standards. Client authorizes Preparer to retain copies and to destroy originals after retention period expires.

LIMITATION OF LIABILITY & INDEMNIFICATION

Preparer's liability to Client for any claim arising under this Agreement shall be limited to direct damages not to exceed the fees paid by Client for the services giving rise to the claim. In no event shall Preparer be liable for consequential, incidental, or punitive damages. Client agrees to indemnify and hold Preparer harmless from any third-party claims arising from Client's failure to provide accurate information or timely responses.

TERMINATION

Either party may terminate this Agreement upon written notice to the other party. Upon termination Client shall pay for services performed and costs incurred to the termination date.

GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by the laws of the state specified below. Any dispute arising out of this Agreement shall be resolved by arbitration or in the courts of the governing jurisdiction as selected below.


CERTIFICATION / PERJURY STATEMENT

By signing below, Client certifies under penalties of perjury that the following statements are true and correct to the best of Client's knowledge:

  1. All information supplied to Preparer for tax return preparation is true, correct, and complete.
  2. Client will retain and provide records supporting all income, deductions, credits, and other items reported on the return.
  3. Client authorizes Preparer to communicate with taxing authorities and third parties as necessary for preparation and resolution of matters arising from the return.
  4. Client understands that Preparer does not guarantee any particular tax result and that Client is responsible for tax liabilities, penalties, and interest resulting from information supplied by Client or from Client's failure to disclose relevant facts.

ADDITIONAL TERMS

Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior understandings. Amendments must be in writing and signed by both parties.

By signing below, Client acknowledges having read, understood, and accepted the terms of this Agreement and certifies the accuracy of taxpayer identification information provided herein.

Taxpayer Printed Name:

Signature:

Date:

Enter text

What a Tax Services Agreement Is and When It Applies

A Tax Services Agreement is a written contract that defines the relationship between a taxpayer and a tax preparer, advisor, or firm. It sets scope of work, fees, responsibilities, documentation access, and limits of liability for services such as preparation, filing, representation before tax authorities, and advisory tasks. The agreement helps allocate risk, clarify deliverables, and document client authorizations to obtain records, sign returns or submit forms on a taxpayer's behalf under specified limits.

Why a Tax Services Agreement Matters

A clear agreement reduces misunderstandings, protects both parties, and documents permissions for filings, information exchange, and electronic signatures. It also helps demonstrate engagement terms in case of disputes or IRS inquiries.

Why a Tax Services Agreement Matters

Who Typically Uses a Tax Services Agreement

Common users include individual taxpayers, small businesses, accounting firms, and outsourced tax service providers seeking documented engagements.

  • Individuals who hire preparers for personal returns and representation.
  • Small to mid-size businesses using outsourced tax compliance and advisory.
  • CPAs, enrolled agents, and tax firms offering ongoing tax services.

Use the agreement whenever a third party prepares returns, represents the taxpayer before authorities, or receives access to confidential tax records.

Core Clauses to Include in a Professional Agreement

Essential clauses define scope, fees, confidentiality, document access, signer authority, dispute resolution, and limits on reliance or liability—crafted to match the service level offered.

Scope of Services

Specify tasks: return preparation, filing, representation, advisory, and any excluded services to avoid ambiguity.

Fees & Billing

State fixed fees, hourly rates, retainer, billing schedule, expenses, and conditions for fee changes or late payment.

Authority to Sign

Identify who may sign returns or forms and whether the preparer may e-file or sign electronically for the taxpayer.

Confidentiality

Describe protections for taxpayer data and conditions for sharing with advisors or third parties.

Records Access

Define what documents the preparer may obtain, retain, or return and record retention obligations.

Limitations & Liability

Set caps on damages, indemnities, disclaimers, and dispute resolution (arbitration/court and governing law).

Essential Information to Collect and Record

Taxpayer ID: TIN or SSN
Legal Name: Full legal name
Service Dates: Effective date
Scope Summary: Services listed
Fee Terms: Billing terms
Signer Role: Authorized signer

Step-by-Step: Completing a Tax Services Agreement

Follow this order to create a usable, enforceable agreement and prepare it for electronic execution.

  • 01
    Gather Data: Collect IDs, prior returns, and engagement requirements.
  • 02
    Define Scope: Write clear deliverables and exclusions.
  • 03
    Set Fees: Agree on rates, invoicing, and expenses.
  • 04
    Authorize Signers: Identify who may sign and how signatures will be provided.

Configuring an Electronic Workflow for the Agreement

Set up fields and routing to ensure correct signing order, authentication, and record capture for compliance.

Field Configuration
Signature Field Required; attach signer role
Initials Field Optional; page-specific placement
Date Field Auto-fill or required entry
Routing Order Sequential or parallel signer flow

Where to Send or File the Completed Agreement

Determine destinations for signed originals, copies, and any filings with government or third-party recipients.

  • Client Retention: Send final executed copy to the taxpayer for their records.
  • Preparers' File: Store an executed copy in the preparer's secure records for retention.
  • Third-Party Providers: Share copies with payroll, bookkeeping, or legal counsel as authorized.
  • Government Filings: Use e-file channels or mail when required by the IRS or state authorities.

Technical Requirements for Digital Signing and Storage

Ensure the eSignature platform supports the authentication, audit trail, and record retention your agreement requires.

  • Authentication Methods: Email, SMS, KBA
  • File Formats: PDF, DOCX, PDF/A
  • Integrations: CRM and storage connectors

Choose a platform that generates a timestamped audit trail, preserves a tamper-evident copy of the executed agreement, and supports required integrations for filing and secure long-term storage.

Timing and Key Filing Deadlines to Know

Different tax forms and informational documents have distinct submission timelines; track deadlines to avoid penalties.

W-9 Provision:

No fixed deadline; provide upon payer's request to avoid backup withholding.

1099-NEC Deadline:

Recipient and IRS due January 31 (report nonemployee compensation).

1099-MISC Deadlines:

Recipient due Jan 31; IRS paper Feb 28, electronic Mar 31.

Individual Return:

Form 1040 due April 15; extension to Oct 15 with Form 4868.

FBAR Filing:

FinCEN Form 114 due April 15 with automatic extension to Oct 15.

Common Preparation Errors to Avoid

  • Using ambiguous scope language that leaves fee disputes and deliverables unclear between preparer and client.
  • Collecting incomplete taxpayer information (wrong TIN, mismatched name) that leads to IRS notices and backup withholding.
  • Failing to document authorization for third-party data access or e-filing, increasing liability for both parties.
  • Neglecting retention and destruction policies that conflict with federal or industry-specific recordkeeping rules.

Key Penalties and Risks from Incorrect or Late Filings

1099 Late — Short: $60 per form
1099 Late — Mid: $130 per form
1099 Late — Late: $330 per form
Intentional Disregard: $660+ per form
Backup Withholding: 24% withholding rate
I-9 Paperwork Violation: $281–$2,789 per violation

Comparing eSignature Vendors for Executing Tax Services Agreements

Vendor pricing and features vary; the table below summarizes starting prices and common capability indicators relevant to tax engagements.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes (Business Premium) Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Real-World Examples of Tax Services Agreements in Use

Practical illustrations show how firms apply agreements to diverse client needs and compliance scenarios.

Martin Properties (Tim Martin)

The firm moved to online engagement agreements to speed closings and keep records centralized.

  • Tim Martin saw mobile signing as essential.
  • The signed agreement reduced turnaround time, ensured consistent scope language across deals, and preserved audit-ready copies for tax reporting and lender review.

Fertility Centers of Illinois (John Butler)

A healthcare provider needed secure handling of payroll and benefits tax documents.

  • The provider required documented BAAs and record retention.
  • Implementing an executed Tax Services Agreement with clear HIPAA addenda centralized authorizations and reduced administrative friction while preserving compliant audit trails.

Frequently Asked Questions About Tax Services Agreements

Answers to common practical and legal questions about creating, signing, and storing tax services engagements.


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