Terms & Conditions

Money Doesn’t Come Without Guidance ...

Please read the terms and conditions of use carefully before using this website.

Welcome to TaxShark.com.au (Tax Shark).

If you continue to browse and use this website then it means you are agreeing to comply with and will be bound by the following terms and conditions of use, which together with our Privacy and Security policy and disclaimer, govern Tax Shark’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, when we say “We”, “Us” and “Our”, we refer to Taxshark.com.au and “You”, “Your” “Subscriber” refers to you, the client, visitor, taxpayer, website user or person using our website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. We will endeavor to highlight any significant or substantive changes to you where possible. Your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

GENERAL TERMS

By accessing the Service, a taxpayer agrees to be bound by these terms and conditions.

Tax Shark permits a taxpayer to access the Service during the Term in the volumes acceptable to Tax Shark.

The taxpayer must:

  • only use the Data or any other material accessed through the Service for the taxpayer’s personal use and not use the Service on behalf of, or to provide services to, a third party; and
  • keep the taxpayer’s password to the Service secure, and ensure that no person other than the taxpayer logs into the Service using the taxpayer’s password.

The taxpayer acknowledges nothing in this agreement is intended to give the taxpayer any Intellectual Property Rights in material accessed through the Service or any other Intellectual Property Rights of Tax Shark.

The taxpayer acknowledges and agrees that:

  • the Data and Service may not be error free, and Tax Shark makes no representation and gives no warranty that the Service will contain any particular data, function in any particular way or be available at any particular time; and
  • the Service may not be available from time to time.

The taxpayer acknowledges and agrees that, the taxpayer is liable to pay income tax, Duties, GST and other government charges (if any) that may arise through this tax return.

The taxpayer acknowledges and agrees that on submission (DIY and Upload & Submit) Tax Shark will add the client in ATO portal for verification and review purpose. It can take up one-three working days for Tax Shark to process and submit the tax return with ATO. Which may vary depending on the complexity of the tax return (involving addition review time), availability of ATO portal (due to technical issue).

The taxpayer agrees that, the assessment on Tax Shark may vary during the final process of the tax return. In such scenario Tax Shark will contact the taxpayer if the assessment figures differ significantly, or in case of a small variance Tax Shark will lodge the tax return with ATO without contacting the taxpayer.

Important: The tax law imposes heavy penalties for giving false or misleading information.

LIMITATION OF LIABILITY

Your use of the website and the online taxation payment facility is at your sole risk. It is an essential pre-condition to you for using our website that you agree and accept that Taxshark.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors. Tax Shark nor its associates, do not guarantee error free or uninterrupted operation of this website. We will contact you should any errors arise during review of your tax return or if the site has crashed and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, particularly Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Tax Shark’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be eligible to lodge an Australian Tax Return to use this website and to purchase any goods or services.

FEES FROM REFUND

Tax Shark’s Fees from refund policy is designed to provide greater convenience to our customers by allowing them to pay our fees from their tax refund. Providing there is sufficient amount in the ATO refund, clients are able to have the fee for preparing their tax return automatically taken out of their refund. In this scenario, Tax Shark will receive the refund from ATO and deduct the fee first. The net amount remaining will then be deposited into the client’s nominated bank account. An additional processing fee is charged for this service as stated in the pay & sign page.

LINKS TO OTHER WEBSITES

TaxShark.com.au may contain links to other websites and may on occasion display content or information from other websites within frames on the Website. Websites or pages to which the Website is linked, is for information only and have not been reviewed by Tax Shark. Tax Shark therefore disclaims all liability and responsibility arising from any reliance placed on any content of websites or pages linked or linking to the Website.

YOUR PRIVACY

At TaxShark.com.au, we are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. TaxShark.com.au respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Your access of this website constitutes acceptance of our Privacy and Security Policy. Please read our separate Privacy and Security Policy carefully by clicking on ‘Privacy and Security Policy’ at the bottom of this page.

THIRD PARTIES

TaxShark.com.au does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and our services but not for any other use.

AUTHORISED USE AND RELIANCE

The taxpayer must:

  • use the Service in accordance with any acceptable use or other policies displayed on the Website or otherwise notified by Tax Shark to the taxpayer from time to time;
  • not access the Service for the purpose of creating a website similar to the Website;
  • not defame or harass any person using the Service or use foul language;
  • only use the Service in accordance with all applicable laws;
  • not attempt to access any part of the Website that is restricted by privacy settings or otherwise;
  • not rely on the Data, and must verify the Data by reference to an independent source before making a decision on the basis of the Data;
  • comply with all applicable laws and ensure that its employees, agents and independent contractors comply with all applicable laws when using the Service; and
  • without limiting clause 6(g), not use the Service for an anticompetitive purpose in contravention of the Competition and Consumer Act 2010 (Cth).

The taxpayer acknowledges that Tax Shark does not endorse and is not responsible for the content of any advertisements displayed on the Website.

As a condition of your use of this Website, you warrant to Tax Shark that you will not use this Website for any purpose that is against the law or prohibited by these terms. If you violate any of these terms, your permission to use this Website automatically ends.

You may not without, our prior written permission, use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website or accessed through this Website. You may not republish Tax Shark’s content or other content from this Website on another website or use in-line or other linking to display such content without our permission. You may not introduce viruses, spyware or other malicious code to this Website. You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access our Website is virus free.

Important: The tax law imposes heavy penalties for giving false or misleading information.

ELECTRONIC LODGMENT DECLARATION

PRIVACY

The ATO is authorised by the Taxation Administration Act 1953 to request your tax file number (TFN). We will use your TFN to identify you in our records. It is not an offence not to provide your TFN. However, you cannot lodge your income tax form electronically if you do not quote your TFN.

Taxation law authorises the ATO to collect information and to disclose it to other government agencies. For information about your privacy go to ato.gov.au/privacy.

ELECTRONIC FUNDS TRANSFER - DIRECT DEBIT

Where you have requested an EFT direct debit some of your details will be provided to your financial institution and the Tax Office's sponsor bank to facilitate the payment of your taxation liability from your nominated account.

The taxpayer declares that:

  • the information provided to Tax Shark for this tax return, including any applicable schedules is true and correct, and Tax Shark is authorized to lodge the tax return.

Important: The tax law imposes heavy penalties for giving false or misleading information.

SUBSTANTIATION DECLARATION

I confirm that I have been advised by you of the requirements that must be satisfied before an expense is considered to have been incurred for deductible purposes, together with satisfying the SUBSTANTIATION requirements in relation to:

  • work related expenses
  • car expenses, and
  • business travel expenses

In addition, I have been informed by you of the need to OBTAIN ORIGINAL RECEIPTS for deductible expenses I wish to claim. I have also been informed of the need to keep my original receipts for a minimum of five years from the date of lodgment of my return carrying details of:

  • Name of supplier;
  • Amount of expense;
  • Nature of goods and services (noting the specific type of items purchased or expenditure incurred which
  • I am able to personally record up to the date of lodgment of my return where not adequately noted by the supplier);
  • Date of expense (which I am able to personally record where not noted by the suppliers); and
  • The date of the documents.

PENALTIES TO APPLY WITH INCORRECT RETURNS

I have also been advised by you of the additional tax, penalty charge, general interest charge and possible prosecution action which could be initiated by the ATO if I lodge an incorrect tax return.

INCOME FROM ALL SOURCES IN AND OUT OF AUSTRALIA FOR THE YEAR OF INCOME

You have advised me that I cannot make claim for an amount which is not allowable for income tax purposes and that I must declare income from all sources, in and out of Australia, including net capital gains received for the year of income in my return.

APPORTIONMENT

Where items are used for both business and private purposes e.g. car, mobile telephone, home telephone, computer, etc. I advise I have kept appropriate apportionment documents to verify my business usage claim. I can also confirm that my employer will acknowledge that it was necessary for me to incur such expenditure in earning my income. Further, I have instructed you to prepare the return based on my specific instructions on the understanding I will be able to produce such information to the satisfaction of the ATO if called upon in an audit situation.

AUDIT MATTERS

I further confirm that I am also aware:

  • of the procedures to follow if a document is lost or destroyed;
  • that I may be required to verify any income or expense item noted in my return in an audit situation, and
  • that I understand the Substantiation schedule I should complete for all work, car and travel expense claims under self-assessment, and
  • I have read and understood the return prepared for me.

I declare that:

  • I have disclosed and you have returned all the income, including net capital gains, which I have earned/derived/received for the financial year.
  • All the claims for deductions and rebates which have been included in the return are based on my specific instructions and advise that I satisfy the relevant taxation requirements relating to income, expenses and rebates.
  • That, if in any case, I did not have the receipts to substantiate the above claims at our interview, I confirm to be in existence prior to lodgment of this return, I will make them available if required by the Tax Office; and
  • That you have clarified what written evidence, including car/travel records will be required during an audit and penalties (including prosecution) that may be applied if incorrect claims are identified in an audit situation.

Important: The tax law imposes heavy penalties for giving false or misleading information.

KEEPING YOUR TAX RECORDS

The Australian tax system relies on taxpayers self-assessing. This means you are responsible for working out how much you can declare and claim on your tax return. You also need to be able to show how you arrived at these figures – in some cases you may be required to provide written evidence. In order to prepare an accurate tax return and support the claims you make, you need to keep careful records. The records you need to keep depend on your personal circumstances. If you are not sure, it is better to keep too many records than not enough.

This guide will provide general advice to help you identify what records you need to keep.

The importance of keeping records

Keeping good records helps you and your tax adviser:

  • to provide written evidence of your income and expenses
  • to help you or your tax agent prepare your tax return
  • to ensure you are able to claim all your entitlements¬
  • in case we ask you to prove the information you provided in your tax return
  • reduce the risk of tax audits and adjustments
  • improve communication with us
  • resolve issues relating to disputed assessments or adjustments
  • avoid exposure to penalties.

Other reasons for keeping good records are to:

  • make best use of your tax adviser – rathe¬¬¬r than paying them to sort through a shoebox of paperwork, give your tax adviser well-prepared records so they can ensure you get what you are entitled to
  • minimise the cost of managing your tax affairs

The taxpayer acknowledges and agrees that the Tax Shark has the right to believe that the taxpayer has all the required evidence of the income and expenses, the taxpayer is liable to produce the evidence if requested by ATO or by Tax Shark. Pending requested documents can cause delay in the processing of the tax return.

TERMINATION

  • This agreement commences on the date the Client first accesses the Service and continues for the Initial Period and each Rollover Period until terminated under this clause;
  • Tax Shark may suspend the Client’s access to the Service or terminate this agreement without notice from time to time, including without limitation if Tax Shark suspects that the Client is in breach of this agreement;
  • The Client acknowledges that Tax Shark may terminate this agreement or suspend access to the Service under this clause without considering the impact of such action on the Client.
  • Clients can terminate this agreement anytime.
    • DIY – once submitted the tax return in Tax Shark, it is assumed that we may submit the return to ATO straight away or the return may under process. In both cases Client is personally liable to pay Tax Shark’s service on termination;
    • Upload & Submit – once request is submitted, Client is personally liable to pay Tax Shark’s service fee based on time cost ($120/hour) or the invoiced issued.
  • On termination of this agreement:
    • the Subscriber must not access the Service; and
    • accrued rights or remedies of a party are not affected.
  • DISCLAIMER

    Tax Shark in association with Z Ahamed & A Hasan (Tax Agent Number: 24695366) provides the services as specified in this website.

    To the fullest extent permitted by law, TaxShark.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. TaxShark.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

    Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in our website or as to their correctness, suitability, accuracy, reliability, or otherwise.

    It is your sole responsibility and not the responsibility of TaxShark.com.au to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

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