CPA Refunds Inc. - ERC Specialists

Terms and Conditions

GENERAL TERMS

Terms and Conditions

These terms and conditions ("Agreement") constitute the comprehensive agreement that governs your utilization of the CPARefunds.com website ("Website" or "Service") and all associated products and services ("Services"). This Agreement is a legally binding deal between you ("User," "you," or "your") and CPA Refunds Inc. ("CPA Refunds Inc.," "we," "us," or "our"). You acknowledge that you have read this Agreement, that you have understood it, and that you are prepared to abide by its terms by using the Website and Services. If you agree to these terms, on behalf of a business or other legal body, you confirm that you have the power to legally bind that entity to this Agreement. In that case, the terms "User," "you," and "your" refer to that entity. Should you lack such authority or dissent from the terms herein, you are not permitted to accept this Agreement, and consequently, you may not access or use the Website and Services. It is acknowledged that, even though this Agreement is in electronic form and not physically executed by you, it constitutes a contractual understanding between you and CPA Refunds Inc., governing your engagement with the Website and Services.

Billing and Payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered as a free analysis, payment may be required after providing this free analysis and not necessarily when you input your billing particulars (which may be necessary before receiving the free analysis). If, in our judgment, your purchase is deemed a high-risk transaction, we may request that you furnish us with a copy of your valid government-issued photo identification and, potentially, a recent bank statement corresponding to the credit or debit card used for the transaction. We retain the prerogative to modify the assortment of products and their respective pricing at our discretion and at any time. Moreover, we maintain the right to decline any order you place with us. Also, we reserve the right to put limits on or cancel any order at our sole judgment.

Accuracy of Submission

Our ERC analysis is predicated upon the data furnished during the initial qualification submission. You certify that all information provided is accurate to your knowledge. Furthermore, you agree to indemnify and hold CPA Refunds Inc. and its affiliates, officers, directors, employees, suppliers, agents, and licensors harmless from any losses, liabilities, costs, or damages, including attorneys' fees, arising from inaccuracies in your ERC filing attributable to erroneous information presented to us during the qualification submission process. CPA Refunds Inc. will maintain a comprehensive record of all the answers received during the application process and any supplementary information received after the initial qualification submission. We highly suggest that you read through the Guidance on the Employee Retention Credit under Section 2301 of the Coronavirus Aid, Relief, and Economic Security Act before submitting your documentation.

Links to Other Resources

While the Website and Services may include links to various resources such as websites and mobile applications, it is important to note that unless explicitly stated herein, we are not implying any form of approval, association, sponsorship, endorsement, or affiliation with these linked resources, either directly or indirectly. We do not undertake the examination or evaluation of these businesses, individuals, or the content provided within their resources, and we do not offer any warranties concerning the offerings of such entities. CPA Refunds Inc. disclaims any responsibility or liability for any third parties' actions, products, services, and content, regardless of whether they are linked through our Website and Services. You must meticulously review the legal statements and other terms of use associated with any resource you access through links provided on the Website and Services. Your decision to access and utilize any external resources linked to our Website and Services is done at your discretion and entails inherent risks for which we bear no responsibility.

Prohibited Uses

In addition to the other stipulations outlined in this Agreement, you are expressly prohibited from employing the Website and Services or the Content for the following purposes: (a) Engaging in any unlawful activities. (b) Soliciting, inducing, or encouraging others to participate in unlawful actions. (c) Contravening international, federal, provincial, or state regulations, rules, laws, or local ordinances. (d) Infringing on or breaking any of our or others intellectual property rights (e) Engaging in any conduct that involves harassment, abuse, insult, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability. (f) Providing false or deceptive information. (g) Virus uploading or transmission or any other malicious code intending to disrupt the functionality or operation of the Website and Services, third-party products and services, or the Internet. (h) Participating in spam, phishing, pharming, pretexting, spidering, crawling, or scraping. (i) Utilizing the Website and Services for obscene or immoral purposes. (j) Tampering with or making an effort to go beyond the security safeguards put in place for the Website, Services, third-party goods, or the web. We retain the right to terminate your access to and utilization of the Website and Services should you engage in any activities that contravene the aforementioned prohibited uses.

Intellectual Property Rights

The term "Intellectual Property Rights" encompasses all existing and future rights, whether conferred by statute, common law, or equity, about or associated with any copyright and related rights, designs, trademarks, patents, inventions, goodwill, the right to pursue legal action against passing off, rights to inventions, rights to utilize, and every additional kind of intellectual property right. These rights encompass both registered and unregistered rights, including applications for such rights and the rights to seek and be granted them, the rights to assert priority over such rights, and all analogous or equivalent rights or modes of protection. Any intellectual output that exists now or will exist in the future is covered by this definition, regardless of where it originated. This Agreement does not confer any ownership of the intellectual property held by CPA Refunds Inc. or third parties. All rights, titles, and interests in and to such intellectual property shall exclusively remain with CPA Refunds Inc. In connection with the Website and Services, all trademarks, service marks, graphics, and logos utilized are either trademarks or registered trademarks of CPA Refunds Inc. or its licensors. Other trademarks, service marks, graphics, and logos that may be employed in association with the Website and Services could belong to other third-party entities. Your utilization of the Website and Services does not grant you any entitlement or license to reproduce or employ any trademarks belonging to CPA Refunds Inc. or third parties.

Disclaimer of Warranty

You acknowledge and agree that the Service is provided on an "as is" and "as available" basis, and your utilization of the Website and Services is entirely at your own risk. We clearly reject all guarantees, whether they are stated or implied. This includes, but is not limited to, fitness for a particular purpose, implied warranties of merchantability, and non-infringement. We don't promise that the Services will meet your specific needs or that they will be provided quickly, securely, or without mistakes. Additionally, we do not warrant the outcomes that may result from utilizing the Service, nor do we vouch for the accuracy or reliability of any information acquired through the Service or the correction of defects in the Service. You understand and accept that any material and/or data downloaded or obtained through the use of the Service is undertaken at your own discretion and risk. Consequently, you will bear sole responsibility for any damage or loss of data from downloading such material and/or data. Unless otherwise expressly stated, we make no warranty concerning any goods or services acquired or obtained through the Service or any transactions conducted via the Service. Furthermore, no guarantee not expressly stated in this Agreement will be established by any information or advice, whether oral or written, gained from us or via the Service.

Limitation of Liability

To the utmost extent allowable under applicable law, CPA Refunds Inc., its affiliates, directors, officers, employees, agents, suppliers, or licensors shall not be held liable to any individual for any indirect, incidental, special, punitive, cover, or consequential damages. These damages may include, but are not restricted to, lost profits, revenue, sales, goodwill, the use of content, the impact on business, business interruption, the loss of anticipated savings, and the loss of business opportunity. This liability arises irrespective of the theory of liability, involving, but not limited to, tort, contract, warranty, breach of statutory duty, negligence, or any other basis, even if the liable party has been informed of the potential for such damages or could have foreseen them. The total amount of liability of CPA Refunds Inc., as well as its affiliates, officers, employees, agents, suppliers, and licensors with regard to the Services shall not exceed one dollar or the sum of all cash payments made by you to CPA Refunds Inc. during the one-month period prior to the initial event or incident giving rise to such liability, whichever is greater. These limitations and exclusions remain in force if this remedy fails to fully compensate you for any losses or fulfill its fundamental purpose.

Intellectual Property Rights

Disclaimer of Warranty

Limitation of Liability

Indemnification

You hereby agree to indemnify and hold CPA Refunds Inc. and its affiliates, directors, officers, employees, agents, suppliers, and licensors, free from any liabilities, losses, costs, or damages, including attorneys' fees. This compensation can be used if a third party makes accusations, claims, acts, disagreements, or requests against any of the parties listed above, or if any of those things happen as a result of those things. Such claims and demands can result from or pertain to your Content, how you use the Website and Services, or if you do something wrong on purpose.

Severability

All of the rights and limitations listed in this Agreement can be used and are binding only if they are in line with the law and are meant to be limited to the amount needed to keep this Agreement legal, valid, and effective. Let's say that a court of appropriate authority decides that any part or all of any part of this Agreement is illegal, void, or can't be enforced. In that case, it is clear that the parties want the remaining provisions or parts of those provisions to continue to be their understanding of the subject matter of this document. All other parts of the agreement will still be in full effect and force.

Dispute Resolution

This Agreement, how it is made, interpreted, and carried out, as well as any issues that may arise from it, will be controlled by the procedural and substantive laws of Connecticut, United States, without taking into account its rules about conflicts of law or choice of law. Additionally, to the extent applicable, the laws of the United States shall apply. For all actions linked to the subject matter of this Agreement, the exclusive jurisdiction and venue shall be the courts situated in Connecticut, United States, and you hereby consent to the personal jurisdiction of these courts. You also give up your right to a jury trial in any case that comes up because of this Agreement or is connected to it. It is made clear that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You are expressly prohibited from assigning, reselling, sub-licensing, or otherwise transferring or delegating any of your rights or obligations under this Agreement, whether in their entirety or partially, without our prior written consent. It is important to note that our consent, when granted, will be entirely at our sole discretion, and we shall not be under any obligation to provide such consent. Furthermore, any attempted assignment or transfer contravening this provision shall be deemed null and void. On the other hand, we retain the liberty to assign any of our rights or obligations under this Agreement, either in whole or in part, to any third party. This assignment may transpire as part of the sale of all or substantially all of our assets or stock or during a merger.

Changes and Amendments

We retain the prerogative to amend this Agreement or its provisions concerning the Website and Services at any juncture. These modifications will become effective once an updated or new version of this Agreement is published on the Website. Upon making such changes, we will also update the date at the bottom of this page to reflect the most recent revision. It is noteworthy that your ongoing use of the Website and Services after any such alterations will be regarded as your explicit consent to abide by these modifications.

Acceptance of these Terms

By using and accessing the Website and Services, you affirm that you have read this Agreement and concur with all of its stipulations and conditions. Your access to and utilization of the Website and Services constitute your binding acceptance of this Agreement. If you do not consent to adhere to the terms delineated in this Agreement, you are not permitted to access or utilize the Website and Services.

Legal Disclaimer

CPA Refunds Inc. DOES NOT provide legal or accounting advice, and individuals using this website should seek advice from their attorney and certified public accountant (C.P.A.) for legal and accounting Guidance. This website (the "Site") offers general legal information online. We are not a law firm; our staff members do not act as your legal representatives. The information on the Site is about the law in general, and it shouldn't be taken as legal advice that applies to any particular situation. If you are uncertain whether your particular situation necessitates alterations to a document, it is advisable to consult with a lawyer. The utilization of the Site DOES NOT establish or constitute an attorney-client relationship between CPA Refunds Inc. or any employee of, or any other individual affiliated with, CPA Refunds Inc. and a user of the Site. Given that legal regulations vary in each jurisdiction and their interpretation or application may differ depending on your location or situation, the information provided on the Site or the use of documents therein is not a substitute for the counsel of a lawyer. Any information presented on the Site is subject to our Terms and Conditions. Generally, our Terms and Conditions specify that there is no guarantee or warranty, and we disclaim any responsibility for any loss, liability, injury, claim, or damage ("damages") stemming from your use of the Site. This includes damages arising from errors or omissions in the Site's content or from linked websites. We are not liable for any damages resulting from the Site being inaccessible to the user, and the use of the Site is undertaken at your own risk. Please refer to our Terms and Conditions for specific exceptions, such as our Quality Guarantee. While we have endeavored to ensure that our Site and all its features are compatible with the most commonly used browsers, we cannot guarantee that every feature will function with your specific browser. Our Terms and Conditions govern the use of our Site; we recommend referring to this document for more comprehensive information.

Contacting Us

Please feel free to contact us by email at support@CPARefunds.com if you have any questions or need more information about this Agreement or any other issues. We are here to address any queries or worries you may have.

Accuracy of Submission

We conduct an analysis and generate your Employee Retention Credit (ERC) analysis based on the information provided during the qualifying submission process. By submitting your information, you certify that all details you have supplied are accurate to the best of your knowledge. Furthermore, you agree to absolve CPA Refunds Inc. and its affiliates, directors, officers, employees, agents, licensors, and suppliers from any liabilities, losses, damages, or costs, including reasonable attorneys' fees, arising due to inaccuracies in your ERC filing stemming from erroneous information provided during the qualification submission. It is important to note that CPA Refunds Inc. will maintain a record of all responses received during the qualification submission and any additional information received subsequent to the initial qualification submission.

Guarantee

Our engagement with clients is predicated on our ability to assist them in navigating and filing for the Employee Retention Credit (ERC) tax credits made available under the CARES Act. We charge reasonable fees for this service. Additionally, we offer a complimentary discovery process to help ascertain the eligibility for ERC tax credits before engaging in our services. During the discovery process, if it is found that the person doesn't qualify for credit under the law, there will be no fees and any deposits will be refunded.

Services

This agreement encompasses a specific scope of services that exclusively pertains to tax-related work conducted by CPA Refunds Inc. This work may encompass activities such as interpreting laws and regulations affecting the client, filing tax returns, and providing financial forecasting services. In the realm of our tax work, our objective is to identify and implement the most advantageous opportunities permissible under the Internal Revenue Code (IRC) to organize personal, business, or estate matters to minimize the various taxes owed by the taxpayer.

Information

The work we undertake necessitates substantial access to client information. It is the client's responsibility to furnish complete and timely information, and it is our responsibility to request such information clearly and comprehensively. We treat all client information with utmost confidentiality. Only personnel involved in providing the agreed-upon services have access to client information. We are also willing to comply with requests from clients to return and delete all records of their information. Client information encompasses physical documents and records, correspondences, and intangible data such as trade secrets, business relationships, processes, intellectual property, and other proprietary client information.

Tax Law

In the delivery of tax services, our primary objective is to remain firmly within the confines of tax law. Our advice is based on our best understanding of the law concerning the Internal Revenue Code (IRC). When new laws are issued, and occasionally with well-established ones, the IRS may release rulings that interpret, clarify, restrict, or expand upon the written law. These rulings set a precedent for lawful procedures. Without such precedents, we adhere to the law to the best of our interpretation. We are always prepared to elucidate any aspect of tax law to any client or their representatives. We do not proceed with any actions until there is satisfactory understanding and consent.

Audit

Unless our deal says otherwise, if a fiscal authority audits a client we've helped and we've given advice to, we're happy to provide paperwork and help so that our client's case is as good as possible. Although we cannot guarantee the outcome of any audit, we can explain the legality of the course of action taken, solid documentation, and a willingness to collaborate directly with the client throughout the process to seek favorable results. In instances where planning has been conducted in this manner, our experience shows that audits tend to be conducted fairly. It is important to note that we do not engage in issuing tax opinions or shelters; all our work is grounded in well-established and directly applicable tax laws.

Errors

If an error is detected, we are committed to promptly informing our client and establishing a course of action for resolution. Suppose the error is due to clerical mistakes or any other errors on our part. In that case, we will endeavor to rectify it to the fullest extent possible without requiring additional service fees. However, if the error results from a significant omission or a refusal by the client to provide necessary information, the terms for resolution may need to be negotiated.

Tax Deposits

All tax obligations owed to taxing authorities will be clearly delineated during our planning process. Subsequently, the client's responsible for ensuring that such taxes are paid promptly unless we also provide deposit services. Any refunds received from taxing authorities are beyond our control about the timing of payments. However, we will do every effort to guarantee that all necessary paperwork avoids delays in the payment or refund procedures.

Goodwill/Good Faith

In all our interactions and dealings, we strive to act in the best interests of our clients. We approach our work with goodwill and good faith, aiming to assist every client in legally minimizing their tax liabilities to the fullest extent possible. We endeavor to avoid practices that might impose unnecessary burdens or difficulties on our clients by understanding their business and acting prudently to protect and enhance its success.

ERC Credit Additional Details

The Employee Retention Credit (ERC), initially released on March 12, 2020, and subsequently amended on December 27, 2020, was instituted to incentivize employers to retain their employees on the payroll despite facing challenges arising from the COVID-19 pandemic. Below is a brief description of the ERC to promote understanding of the law.

CPA Refunds Inc. offers all the essential services required to complete forms, make amendments, register, or prepare any other necessary documentation to submit all required materials in proper order.

Businesses can qualify for this credit based on one of the following criteria:

Loss of Revenue: For 2020: A 50% quarter-over-quarter reduction in gross sales for 2020 compared to the same quarters in 2019. For 2021: A 20% quarter-over-quarter reduction in gross sales for 2021 compared to the same quarters in 2019 or 2020.
OR
Full or Partial Shutdown: This pertains to a situation where the client's business is subject to legitimate government orders that significantly restrict business operations.

These qualifications serve as the foundation for determining eligibility for the Employee Retention Credit. It's important to keep in mind that this explanation is for informational reasons only and is not legal advice.

Available Credit

For the Employee Retention Credit (ERC), the available credits are as follows:

2020: Eligible employers can claim a 50% credit on up to $10,000 of wages per employee for the entire year. This translates to a maximum credit of $5,000 per employee in 2020.
2021: In 2021, eligible employers can claim a 70% credit on up to $10,000 of wages per employee per quarter through December 31. Consequently, this leads to a maximum credit of $7,000 per quarter.

Please be advised that these numbers, which will be used to evaluate your credentials, are estimates. Actual figures may exhibit slight variations, and when filing tax forms, it is not uncommon to encounter minor discrepancies or discover new credit opportunities.

ADDITIONAL ITEMS TO NOTE

In regard to the Employee Retention Credit (ERC) and payroll costs, here are some important points to note:

2020:

FICA/Medicare: A total of 15.3% or $1,530 is remitted as federal payroll tax deposits for every $10,000 of qualifying wages.
Income Tax: Withholding income tax is elective and depends on each employee's situation. The $10,000 in wages claimed for the credit is considered $10,000 in taxable income for the employee in 2020. This income will be reported with their regular income taxes before April 15, 2021.

2021:

FICA/Medicare: In 2021, 9.1% or $910 must be remitted, or 6.2% can be deferred as part of the normal tax deposits for a qualifying business in a given quarter.
Income Tax: Similar to 2020, withholding for income tax in 2021 is elective and dependent on the individual employee's situation. The $10,000 in wages claimed for the credit constitutes $10,000 in taxable income for the employee in 2021, which will be reported with their regular income taxes before April 15, 2022.
Unemployment Insurance: Localities typically require remittance of unemployment insurance for each employee. The rates for this insurance can vary depending on the industry and location but generally range from 0.5% to 3% of the total payroll.
Penalties: Late filing results in a 5% monthly penalty on the tax due, with a maximum penalty of 25%. Late deposits can lead to penalties of up to 15%. In total, you can face penalties of up to 40% on your 15.3% payroll tax if there are delays or failures to file and deposit taxes in a timely manner.

These considerations highlight the tax implications and potential penalties associated with the ERC and payroll costs. It is crucial to ensure compliance with tax obligations and deadlines to maximize the benefits of the ERC while avoiding penalties.

Eligible Persons

A business can claim any employee who was paid during a calendar quarter in which the business qualifies for the Employee Retention Credit (ERC). However, there is an exception to this rule for individuals who are related to an owner of the business, holding directly or indirectly more than 50% of the shares of the business. The excluded relationships include:

A child or a descendant of a child.
A brother, sister, stepbrother, or stepsister.
The father or mother, or an ancestor of either.
A stepfather or stepmother.
A niece or nephew.
An aunt or uncle.
A son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law.

It's important to note that the excluded categories do not mention the business owner themselves or their spouse.

Contacting us

Please feel free to email us at support@CPARefunds.com if you have any questions or would want to speak with us to better understand this Agreement.

This document was modified September 23, 2021.