In entering into this contract, you confirm that you have read our Pre-Contract Information. You also confirm that you understand that we offer a professional paid-for tax refund service but that you do not need to use a tax refund company to claim your refund from HMRC.
By signing our terms of engagement, you will be entering into a legally binding contract in which we shall act as your nominated agent to progress a marriage tax allowance transfer request with HMRC. This transfer may result in a tax refund. Under these terms of engagement, you are agreeing to assign the tax refund to us. We will then deduct our success fee and pay the remaining tax refund back to you.
14-day cooling off period means the first to the fourteenth day of the contract inclusive after we receive your signed terms of engagement.
company/us/we/our means Allegiant Finance Services Limited whose present address is 400 Chadwick House, Warrington Road, Birchwood Park, Warrington, WA3 6AE.
higher earning applicant means the applicant with the higher income during a designated tax year.
HMRC means His or Her Majesty’s Inland Revenue and Customs, its servants, agents, assigns and/or successors.
lower earning applicant means the applicant with the lower income during a designated tax year.
success fee means the sum payable to us as regulated by Section 4 of the terms of engagement
tax refund means overpaid tax due to you arising out of a marriage allowance transfer.
tax refund service means any and all of the actions of the company in representing you to make a
marriage tax allowance transfer request to establish a tax refund during which the company will undertake reasonable steps as may be necessary to progress the marriage tax allowance transfer request from time to time. This may include (but is not necessarily limited to) providing advice in writing or orally, investigating the facts and merit of a marriage tax allowance transfer request, presenting a marriage tax allowance transfer request, liaising with HMRC and receiving funds and settlement information about a marriage tax allowance transfer request.
marriage tax allowance transfer request means a request by us to HMRC to transfer the lower earing applicant’s personal tax allowance to the higher earning applicant.
terms of engagement means the terms and conditions set out within this document.
you/your means the both the lower earning applicant and higher earning applicant signing the terms of engagement, or where the signing person is acting as a power of attorney or agent, the person on whose behalf they act.
What we will do
2.1 In performing the tax refund service, we will exercise the reasonable skill and care expected of a reasonable tax refund agent and maintain all relevant permissions to enable us to perform our role lawfully.
2.2 Once we are in receipt of appropriate information and documentation from you, we will submit a marriage tax allowance transfer request to HMRC, their servants or agents.
2.3 We will communicate with you by email, live chat, post, SMS, via our website portal and/or orally (including by telephone).
2.4 We will update you when there is a material update.
2.6 We will take instructions from you where they are necessary.
2.7 We will reasonably assume that information and calculations provided by HMRC are accurate.
What we will not do
2.8 We are a claims management company. We do not provide tax advice whatsoever and nothing on our website, literature or any correspondence we have with you or HMRC should be taken as such or be inferred as assuming such a duty in any circumstances. We provide information on a non-advice basis only.
2.9 Notwithstanding our appointment as a nominated agent at HMRC, we will not assess your eligibility for a tax adjustment outside of a marriage tax allowance transfer request.
3.1 You acknowledge that we do not provide tax advice and that it is up to you to decide if a marriage tax allowance refund request will be financially beneficial.
3.2 You confirm that you have not applied for a marriage allowance tax transfer request previously, or where you have, that this has been brought to our attention and that all relevant correspondence and documentation will be passed to us promptly.
3.2 You agree that we are appointed as your exclusive representative for the purpose of delivering the tax refund service, meaning that at no time during the terms of engagement will you (i) have an ongoing contract with another representative relating to the marriage tax allowance transfer request; or (ii) attempt to liaise with HRMC regarding the marriage tax allowance transfer or tax refund without cancellation (see Section 5).
3.3 You agree not to contact HMRC to withdraw our authority to provide the tax refund service without first cancelling with us.
3.5 You agree to provide us with prompt information about your personal details and financial situation as we may reasonably require in order to provide the tax refund service and to immediately inform us of any change of information during the course of the tax refund service.
3.6 You agree to complete and sign all paperwork necessary to provide us with authority to pursue the marriage tax allowance transfer request.
3.7 You agree to provide us with the documentary evidence reasonably required to investigate and/or pursue the marriage tax allowance transfer request including (but not limited to) P60s, bank statements and wage slips. You further agree to provide us with identity verification (e.g., passport, driving licence etc), where we require this.
3.8 You agree to inform us immediately should HMRC contact you directly to discuss the marriage tax allowance transfer request or make a payment to you directly.
3.9 In the circumstances where HMRC pays you directly, you agree to pay the success fee (see further Section 4).
3.10 You agree that we may use the services of a third-party agency in order to verify your identity and that this may leave a search footprint on your credit file. To enable us to comply with Anti Money Laundering legislation, you agree we may withhold payment from you until we have verified your identity.
3.11 You acknowledge that where we provide timescales or estimated calculations to you that these are for guidance only and not guaranteed or warranted.
3.13 You agree to be jointly and severally liable for our success fee.
4.1 The success fee is 42% inclusive of VAT calculated of the tax refund. We operate on a No Refund, No Fee basis, meaning that you will not have to pay a success fee unless you receive a tax refund.
4.2 You agree that HMRC will pay us the tax refund directly, and that we shall deduct our success fee from the tax refund and forward you the balance within 7 days. We retain the discretion to pay you by cheque or bank transfer. Please note cheques will only be sent to the address we hold on record for you.
4.3 Where we receive a tax refund, but you fail to cash a cheque or provide valid bank details thereby denying us the ability to transact the balance due to you, you agree that where we have made reasonable endeavours to contact you without success, we shall pay the balance to a charity after 12 months and that upon us making such a payment our liability to pay you the balance shall be wholly discharged.
4.4 If there is a need for a replacement cheque or additional bank transfer attempt which is not caused by our fault, we reserve the right to deduct any cheque stopping fee or additional transfer charge which our bank charges us from your tax refund.
4.5 If HMRC pay you directly, you agree to pay us the success fee without undue delay upon receipt of the tax refund paid to you.
4.6 Where the tax refund is paid in separate parts or part paid (for whatever reason), we reserve the right to raise interim or modified invoices relating to the amount received by you.
5.1 You may cancel the marriage tax allowance transfer requests service without charge within the 14 day cooling off period. You can serve notice of cancellation as follows:
We may ask you why you are cancelling and use this information for service improvement. However, you are under no obligation to tell us why you cancelled.
5.5 Where you cancel the marriage tax allowance transfer requests service, we will come off record as your nominated agent at HMRC and discontinue the marriage tax allowance transfer request.
5.2 After the expiry of the 14-day cooling off period, we offer a fair cancellation policy. There is no charge for cancellation unless our marriage tax allowance transfer requests service results in a tax refund in which circumstances our success fee would be due in the usual way.
5.3 We may cancel the terms of engagement (and therefore our obligation to perform the tax refund service) where we do not have sufficient confidence that a marriage tax allowance transfer request has sufficient merit, where the tax refund service would be uneconomical for the company or where an actual or potential regulatory or commercial conflict of interest arises. Where we cancel pursuant to this clause, there will be no charge.
6.1 The provision of our tax refund service is an unregulated activity and therefore outside the jurisdiction of the Financial Conduct Authority and Financial Ombudsman Service. Complaints shall be assessed internally and may be made either:
7.1 We will not be liable for any costs or losses caused to you as a result of:
7.2 We shall not be liable for any HMRC penalties or any tax shortfall it transpires you owe to HMRC.
7.3 We shall not be liable for your failure to notify HMRC should your entitlement to a marriage tax allowance transfer change after your application is considered by HRMC.
The terms of engagement will terminate upon completion of HMRC considering and fulfilling the application we make on your behalf. Upon termination we reserve the right to contact to HMRC and withdraw our status as your nominated agent.
9.1 We reserve the right to recover the cost of solicitor fees, tracing fees, court fees and/or enforcement agent fees where it is necessary to enforce our right to payment of the success fee or to trace you if you are unresponsive to our communications.
9.3 Nothing within this agreement is intended to confer a benefit on a third party.
9.4 The company may assign or subcontract any or all of its rights and benefits arising from the terms of engagement with 21 days prior written notice (or shorter where required to comply with a legal or regulatory obligation).
9.5 If any part of the terms of engagement is found to be invalid or unenforceable, the other terms of this agreement will not be affected and will be read to give effect to the intended spirit of the overall agreement.
9.6 The terms and conditions in these terms of engagement will apply post termination where necessary to give effect to the agreement, its purpose and intention.
9.7 This agreement is subject to the laws and exclusive jurisdiction of the courts of England and Wales.