Vernon
K. Jacobs, CPA
New Client Disclosure Memorandum
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Thank
you for your interest in my professional services. The purpose of this
memo is
to be sure you have been informed of any matters that might affect your
decision to use my services. An explanation of the types of work that I
do (and
do not do) is included in my disclaimer
document.
An
Absence of
Any Employees
I presently work out of a large home office by myself. City ordinances
prohibit
me from having employees in my home office, and I'm not trying to build
a business, so I make extensive use of
technology instead of hiring employees. However, because of limitations
on my time, I charge the same amount for work that could be delegated
(if I had employees) as for work that involves a high degree of
experience and/or traning.
On the other hand, a client's fax messages, mail, phone messages and
other
forms of information are very private - even if I'm not in the office
when they
are received. If I'm out of the office for an extended time, I
will
usually put my office phone on call forwarding to my mobile phone.
However,
when I'm in meetings I turn off my mobile phone and may not respond
until there
is a break in whatever kind of meeting I may be attending.
Although I work as a solo practitioner, I am affiliated with the International Tax Compliance Group,
which is a small group of CPAs who all work extensively in the
preparation of
international (cross-border) tax returns. I refer work to other
members of this group and provide assistance to them as needed. At the
present time, there are four
members of
this group. Two are located in the San Francisco
area, one is located in the New York city
metro
area and I am located in the Kansas
City metro area. If you retain me to help
you,
my engagement letter will state that you understand that your tax
information
may be shared with other members of this group.
Because I work by myself, there is a risk that if something happens to
me,
there is no one available to ensure that a client's work will be
finished on
time. However, I maintain a confidential list of current clients with
instructions to my wife or the executor of my estate (one of my
daughters if my
wife is not available) regarding what needs to be done. I update those
instructions once each month and store them offsite on a computer disk.
When the ITCG is involved in helping me with a client, the other
members
of the group will be available as a backup in the case I become ill,
disabled
or deceased.
Some
Limitations
On My Time
I'm over age 65 but I choose to continue working because I enjoy what I
do.
However, I don't feel obligated to work 60 or 70 hours a week and I
take
the time to attend various sporting events or other activities in which
my four
grandchildren are involved. Other personal and family matters may take
priority
over how much time I work.
I serve as the CEO of a small family publishing company (Offshore
Press, Inc.)
that publishes various newsletters, reports and books -- most of which
I write
or have written. Orders and phone inquiries may sometimes
interfere with
the time that is available for clients. I write and distribute a
free
email newsletter called the Jacobs Report
and a
semi-monthly email news letter for clients and paid subscribers. (The International
Wealth
Protection Monitor .) Preparation of these newsletters and
other work required to respond to customers and to manage the
company web sites takes about 2/3 of my time.
I am also the volunteer Treasurer of and Website Administrator for
Positive
Lights,
Inc., a not-for profit corporation dedicated to improving the care of
residents
in nursing homes and similar elder care facilities. (I encourage you to
view
the website at www.positivelights.org and small donations are much appreciated.)
The most cost effective use of my time and
experience is for phone consultations and for research regarding
questions as to how the U.S. tax law would apply to various
cross-border transactions. I provide assistance to other tax
professionals who are not familiar with the international tax rules and
the preparation of various forms required for foreign trusts, foreign
corporations, foreign partnerships, foreign employment and foreign
investments. In some cases, I will prepare these forms using data
provided by other accountants or tax professionals. The least
cost-effective use of my time is to ask me to do any bookkeeping or
accounting work to organize raw data into the form needed to prepare
the various tax forms listed above.
No Referrals to Former Clients
I will not provide the names and phone numbers of any current or past
clients
to be contacted by a prospective client to make inquiries about the
quality of
my work. If you become a client, I will not divulge your name and
contact
information to anyone except in response to a court order. If you
wish, I
can refer you to some other financial or tax professionals with whom I
have
worked and they will respond to your questions about my professional
services
and reputation.
I Do Not Participate in Competitive Bidding for Clients
I do not offer contingent fees or competitive bids and I do not respond
to a
Request for Proposal. Nor do I offer guaranteed fees for any tax
preparation or accounting work. My billing rate is $300 per hour.
I
prefer to work with a client's current tax accountant and to limit my
work to
helping the client's local accountant in the preparation of the forms
required for persons with cross border
business or
investment activities.
When it is necessary to analyze and compile financial
data from
bank statements, statements of securities accounts, checkbooks or other
original sources, or to convert data from a different currency into
U.S.
dollars,
I suggest that this work be done by other members of the International
Tax Compliance Group.
Additional Charges for Client Specific Research
In spite of having devoted nearly all of my time since early 1999 to
the
subject of international tax law, I have NEVER had a client for whom
some
research was not required in order to ascertain the best way of
treating
various transactions within the limitations of the tax laws and
regulations.
Sometimes that research only involves an hour or less and
sometimes it
requires many hours. The time required to study the pertinent
sections of
the law and regulations is charged for on an hourly basis and is in
addition to
the time required to prepare any returns.
Additional Charges for Responding to IRS Inquiries or Audits
My fees for preparing various tax forms or returns do not include the
time that
may be required to respond to inquiries from the IRS or the time that
may be
required to assist a client when the IRS is auditing the client.
Large
volume tax preparation services can do that because the majority of the
returns
that they prepare are very simple and rarely involve any complex or
controversial tax issues. The international section of the US tax
law is
very complex and ambiguous. However, most international tax
professionals have
observed that the focus of the IRS with respect to international
transactions
is with finding those U.S.
persons who have failed to report their foreign source income. Thus,
when an
IRS agent sees that a taxpayer is filing the required returns, there is
little
incentive to pursue that taxpayer because the chances of finding
unreported
income are much less than with those who have not filed the required
returns.
Working with Original Preparer for Amended Returns
If amended returns are required for prior years, I strongly encourage
clients
to let me work with the tax preparer who prepared the original return.
Otherwise, I have to replicate the original return on my computer
before
I can prepare an amended return. Doing that takes almost as much time
as
preparing an original return. If potential clients are concerned
about the risk of an open ended
invoice
based on an hourly rate, they can establish a maximum number of hours
for a
specific task or engagement. I will do the best I can to do as much as
possible
in the time allotted but can't guarantee that the work can be completed
in that
amount of time.
Getting Answers to General Tax
Questions
If you only want to ask some questions about some aspect of
international tax
law and expect that the time required will be less than an hour, you
should
read and send me a signed copy of my Waiver Letter for
phone
consultations. This type of phone consultation is intended only
for those
persons who are seeking an explanation of some element of the tax law
--
usually some part of the international tax law. It is not
applicable for
those who are seeking personal tax advice based on their specific
situation.
If you wish to retain me for any consulting or tax preparation
services, please
sign and date this document and return it to me so I will know you
have
read it.
Yes, I have read this document.
X___________________________________________________
Name (Printed) ________________________________________
Date _______________, 200__
Contact Information
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