These Terms require the use of arbitration on an individual basis to resolve disputes rather than jury trials or class actions and limit the remedies available to you in the event of a dispute.
We will automatically bill you for your periodic (monthly or annually) membership fee to keep your coverage from lapsing. You can cancel your membership by contacting us via the contact form on the Site or by failing to pay your membership fee on time.
Other key terms used in this Agreement are:
Audit: An audit, also called an examination by the IRS, is a formal inspection of an individual's or an entity's books and records to determine the individual's or entity's correct tax liability. A collection or enforcement letter is not an audit.
Audit Flag: An audit flag occurs when the IRS places the following transaction codes on a member's IRS Account Transcript:
420 – "Examination of Tax Return" means that the return was referred to the IRS Examination or Appeals Division.
424 - "Examination of Tax Return" means that the return was referred to the IRS Examination or Appeals Division.
922 – "Review of unreported income" means that the computers have determined that a tax return failed to report all the income reported to the IRS by third parties. The transaction date and process codes are updated by subsequent TC 922.
Acceptance Date: The Acceptance Date is when we receive your initial payment for a periodic (monthly or annual) membership. If periodic payments lapse, the date the payments restart is considered the new acceptance date.
Case: A case begins when a current member presents us with a letter from the IRS and asks us to represent them. The letter must be related to an audit, IRS Appeals, or a collection of debt. A case concludes when you agree to no further escalation of the Case.
Case Manager: The Case Manager is your CryptoTaxAudit primary contact assigned to your Case.
Collections Letter: A collections letter is a letter from a tax authority demanding payment or threatening enforcement actions for nonpayment.
CP2000 Letter: An IRS CP2000 or CP2501 letter initiates a computer-driven examination of specific issues on a tax return. This letter is issued when a tax return fails to account for all the wage and income information (1099, W-2, K-1) reported to the IRS.
Cryptocurrency: Cryptocurrency is synonymous with virtual currency and digital assets.
Cryptocurrency Income: Cryptocurrency income includes capital gains/losses, wages, compensation and other income derived from cryptocurrency.
Expiration Date of Membership: The Expiration Date of Membership is fifteen days after a missed periodic (monthly or annual) membership payment. In all other situations, membership terminates immediately upon email notification by either party to this Agreement.
Initial Response: The Initial Response refers to the activities provided by CryptoTaxAudit after a member provides us with an audit or examination request from the tax authority. These activities include consultations with the member, reviewing the member's documentation, discussing with the tax authorities, and assembling and delivering initial documents to tax authorities. The Initial Response activities are considered completed after we deliver the initial documents to the tax authority.
IRS: The Internal Revenue Service, an agency of the U.S. Department of Treasury.
Member: You are a member if you have made an initial membership payment, are current with your membership payments, and have completed the onboarding process, including signing our IRS Form 2848. A spouse is included as a member if they have completed the onboarding process, including signing our IRS From 2848. A member can also be a business entity. A business entity member doesn't include representation for Form 1040. Likewise, representation of an individual tax return doesn't include representation of income reported on a business tax return.
Membership Period: The Membership Period commences with the Acceptance Date. The final day of the Membership Period is the Expiration Date of Membership or the date you cancel the membership. Once the Membership Period expires, all work on any open audit cases will cease, and we will cancel any IRS representation agreement.
Membership Plan: The membership plan is determined by the periodic (monthly or annual) payment amount signed up and paid.
Return Preparation: Preparation of a federal or state tax return, report, or filing, whether an initial filing, an amended filing, an audit reconsideration, or in response to an IRS Substitute For Return, is never included in any membership service.
Transcript: The IRS maintains multiple transcripts of taxpayer reporting and activity. A separate transcript is kept for each tax period. The types of individual transcripts are called Account, Record of Account, Wage & Income, Separate Assessment, and Civil Penalties. The types of transcripts for business filing separate returns are Account, Payroll, Civil Penalty, and Return.
The Services provided by the various Audit Defense membership plans are below. You agree that our representation services stated on IRS Form 2848 ("Power of Attorney and Declaration of Representation") is limited. Our representation is limited to delivering the services offered for the selected membership plan. Forwarding IRS written communications or providing tax advice are not included.
Representation and resolution of tax issues at the State or local level are not included in any membership plan, but may be available on a fee or retainer basis.
Consultations with our staff about the information on the emails are on a fee-basis.
Members also receive an "Audit Alert Consultation“, at no additional charge to discuss information reported on a weekly Audit Flag Monitoring email or a monthly "Account Status Update“ email.
3.3.1. Audit: We will represent you before the IRS during your federal income tax audit unless either party terminates the arrangement. Our representation will include communicating and negotiating with the IRS, and presenting information to substantiate the crypto income reporting. Understandably, we cannot guarantee any results since the IRS has substantial discretion in deciding whether to accept information presented to them. Recalculating cryptocurrency income is required at the start of an audit and is an additional fee.
If the IRS has done their own cryptocurrency income calculation, a forensic analysis of the IRS calculations is required. The cost for this is an additional fee.
3.3.3. Tax Court: If the Case cannot be resolved with the Appeals Officer or if a petition to the U.S. Tax Court is preferable to resolution with IRS Appeals, we will provide legal representation for your case in the U.S. Tax Court. We can discuss the merits of your case with the IRS lawyers, draft motions and documents, and litigate the case.
3.3.4. Taxpayer Advocate Assistance: We will also represent you in assistance requests to the IRS Taxpayer Advocate Service. We will prepare the initial request and discuss your case with the Advocate staff until they close it.
While we will advise you whether to accept the tax authority's report or proposed settlement, the ultimate decision in that matter remains yours alone. By signing Form 2848, you provided us with the authority to settle the Case for you and execute any documents necessary to settle the Case after consultation with you. However, since our general policy is not to execute documents on the client's behalf, we will ask you to execute all such documents.
We will also provide a courtroom expert witness on cryptocurrency reporting for no additional charge.
If you seek our assistance to represent or defend you in an IRS audit and the initial notification letter or audit alert flag about the audit is dated before the start of your membership plan at the Shared Risk or Full Protection level, then you will be charged for our preparing the Initial Response.
You will be required to maintain a Shared Risk membership for the duration of the audit.
You will also be responsible for charges for calculation of cryptocurrency income, forensic analysis of IRS calculations of cryptocurrency income, and courtroom expert witness expenses.
If you separately purchase tax return preparation service from us, we will prepare your tax returns from the information that you give us. We may ask for clarification, but we don’t verify your information. Our tax return preparation charge includes all schedules, supplemental forms, and a state return. We charge an additional price for preparing multiple versions of forms or schedules, reporting foreign business, GILTI tax, PFICs, or cryptocurrency income calculation.
Unless an exception is granted, we require all tax return preparation clients to become Full Protection members of CryptoTaxAudit before the start of services.
We automatically file a six-month extension of the due date for all returns to allow adequate time to prepare your return. An extension is not an extension on the date (usually April 15th) when your taxes must be paid.
After receiving your approval of the return and your payment of the final invoice, we electronically file or mail your returns to the IRS. The work of tax return preparation ends upon successfully filing.
Responding to subsequent letters from the IRS is not included in tax return preparation services.
Estimating taxes owed is not included in the service.
If you pay for us to calculate cryptocurrency income, we will exert a reasonable effort to calculate your taxable income from cryptocurrency activities. Our reconciliation analysts use third-party cryptocurrency gain calculation services to determine your taxable income. Cryptocurrency income calculation service determines the capital gain and other income.
The completeness of transaction histories and price information limits the accuracy calculation of income based on central exchange transactions.
The accuracy of income calculation from decentralized financial (DeFi) activities and non-fungible tokens (NFT) is significantly limited by numerous factors. Consequently, you may need to approximate the taxable income on DeFi and NFT transactions. Our DeFi Tax Benchmark service only measures the degree of uncertainty in determining DeFi/NFT trading income.
The work of cryptocurrency income calculation ends upon acceptance of the results.
We can defend our results in an IRS audit if you are an Audit Defense Full Protection or Shared Risk member. However, the IRS calculates cryptocurrency income aggressively, which usually requires appealing or protesting the auditor’s determination to get an equitable resolution.
There is significant uncertainty in the taxation of cryptocurrency income. The IRS has published positions on some cryptocurrency tax situations which are considered aggressive and are disputed by industry legal experts. We will prepare your results in line with the IRS positions as we understand them. Optionally, we can advise you on alternative tax treatments resulting in changes in the taxes owed. However, these positions may be challenged by the IRS if audited. In an audit, you must know that the IRS assesses interest and accuracy penalties (20-40%) on additional taxes assessed plus interest. The choice of how much taxable income to report is yours.
Completeness: You agree to furnish all necessary information to address your tax issue. You are responsible for properly maintaining your records, safeguarding assets, and substantial accuracy of the financial records.
Do not fabricate any documents or fraudulently represent facts. Such actions can cause you to be referred to IRS Criminal Investigation.
You must thoroughly communicate facts and documents that would have a bearing on the audit, including any prior written or oral communications with the tax authorities, thoroughly searching and providing all relevant documents. These documents must be provided promptly and in electronic format and organized chronologically.
Our professional standards require that we inquire about any information you provide that seems unusual or inconsistent with other knowledge we have of your situation. We may furnish you with questionnaires to help you gather and organize the necessary information for us. You agree to provide further clarification of the information you provide to the tax authorities promptly and truthfully.
Promptness: As a general rule, we require that all information be provided to us no less than seven calendar days before the date requested by the tax authorities. Be aware that if you submit your information after the expected date, we may be unable to deliver by the date expected by the tax authorities. Although we will try to extend the due date if possible, ultimately, you may be subject to additional IRS penalties, interest, or loss of appeal rights because of delay.
Promptly schedule a call with CryptoTaxAudit upon receiving official IRS audit letters. Do not contact the IRS yourself. To ensure effective service regarding your Case, you must use your assigned CryptoTaxAudit case manager as your only contact with the IRS.
Time is of the essence in providing all documents requested by the tax authorities. The IRS interprets procrastination as being uncooperative. Being characterized as uncooperative can hurt your chances of a favorable decision before IRS Appeals or the courts. We reserve the right to discharge you as a client and terminate your membership for being slow or incomplete in responding to document requests.
Right to Representation: The IRS has procedures to contact taxpayers directly. You have the statutory right to be represented. Unless you are served with an enforceable administrative summons, you are not required to discuss information with the IRS. It is in your best interests to refer any questions or other contact from the IRS to us without discussing the Case with the IRS. By signing this engagement letter, you agree to refer the IRS to us as your representative rather than correspond with the IRS on your own. If you choose to appear before or discuss this Case with the IRS against our advice, you do so at your own risk.
You must maintain your Membership payments for the duration of the audit, appeal, or collection resolution effort. Failure to do so will result in the termination of our representation services.
Tax Protesting: We will stop representing you if you insist on protesting income taxing on economic, religious, legal, or constitutional grounds or other frivolous claims as described on the IRS website:
or successor pages. We also will stop representing you if you exhibit uncooperative or dilatory behavior.
Membership: If we represent you in an open audit or a collections-related IRS problem, you must sustain your membership payments otherwise, our representation obligations will immediately cease. Reinstating your membership and our representation will be at our discretion.
Your communication with us regarding your IRS issue is confidential, not privileged. Therefore, in most cases, we will only disclose our communication to third parties with your approval. Communications with us to obtain tax advice are privileged and thus protected from disclosure in a noncriminal proceeding before the IRS.
Though privileged communications are not permitted to be disclosed, even in court, there is no accountant-client privilege in criminal tax matters. Accordingly, if we are served a properly issued administrative summons compelling us to testify in court proceedings, our confidential communications may be subject to disclosure in court or to the IRS. There may be circumstances under which you may want to divulge or want us to convey certain information to the IRS or other parties. By accepting this Agreement, you acknowledge that you understand such disclosure may result in a waiver of this privilege and agree to provide us with written authority if you want us to disclose this information.
We agree to notify you if we receive a request, including a subpoena or summons, from a third party for privileged information. If you instruct us in writing to assert the privilege, we will do so to the extent law permits. You agree to be responsible for any costs we incur in asserting the privilege on your behalf. Such expenses would include our attorney's fees, court fees, and other costs imposed, including court-imposed costs, penalties, or fees. You further agree to hold us harmless for asserting or not asserting the privilege as directed by you.
We collect the information you provide from worksheets, documents, computer data files, and discussions; information provided to us at your request by brokerage houses and banks; and information that we develop as part of our engagement. We are committed to safeguarding your confidential information and we maintain physical and electronic measures to protect your information. We will not disclose any information about you unless we have your approval as permitted by law (Sections 301.7216-2 and 301.7216-3), even if you are no longer our client.
You must sign a disclosure statement if you want your records released to a third party, such as a mortgage lender.
Unless you instruct us otherwise, we may use your name and email to contact you about our products and services.
To satisfy our anti-money laundering obligations for customer due diligence, we will crosscheck data provided against lists of sanctioned and political-exposed persons.
Products and services not included in the selected membership plan are invoiced separately and due upon receipt. These fee-based services include:
The charge for Initial Response activities when the membership acceptance dates are after the IRS Audit Flag or examination letter has been issued.
Services to represent on issues not related to cryptocurrency tax reporting.
Performing services not directly related to membership services.
The following service limitations apply for all membership plans but may be available for an additional fee.
We are not responsible for detecting an Audit Flag until a week after the IRS adds the Form 2848 authorization to their Central Authorization File. The IRS processing takes several weeks.
We do not provide legal assistance in defending civil or criminal fraud issues, whether actual or alleged.
We will not reconcile checkbooks, organize or summarize other records, or do record-keeping or bookkeeping for our members.
We are not responsible for paying any taxes, interest, penalties, fines, liens, levies, or garnishments assessed against you.
All membership plans support spouses. Spouses receive audit alerts and monthly monitoring transcripts. Spouses are included in the Audit Defense Full Protection and Shared Risk memberships if, during the audited year, the client and spouse filing status were married filing jointly and there are no conflicts of interest.
If you have an ownership interest in a corporation, partnership, multi-member LLC, LLP, trust, estate, or tax shelter that has been contacted for an Audit and is not a CryptoTaxAudit member, Audit Defense services for that taxing entity are excluded.
No membership plan includes the cost of preparing a tax return for any year in which an original return has not been filed. Only the Full Protection membership plan includes the cost of amending a tax return or calculating the cost of cryptocurrency income when that year's tax return is under IRS audit.
If you have referred to or are under investigation by the IRS Criminal Investigations Unit (CI) at any time during a Case, we will terminate our representation services and advise you to seek legal counsel. For any Case that we are defending in which CI enters the Case, we will cease working on that Case and will exclude the Member from further representation services until the completion of the CI investigation.
Our Services are limited to income-related taxes. Matters related to other types of taxes, such as payroll taxes, sales taxes, excise taxes, and highway taxes are excluded.
If a conflict of interest arises as described in IRS Circular 230, we must communicate the conflict to all parties and receive authorization to continue the representation of parties.
Representation on issues unrelated to cryptocurrency reporting is excluded but can be included for an additional fee.
You acknowledge that we reserve the right to refuse service to anyone and to cancel user access at any time.
The IRS has significant challenges maintaining its computer systems, processing taxpayer information, and staffing. Our ability to notify you of Alert Flags or resolve tax matters is highly dependent on the quality and performance of these systems and staff. You agree that we are not responsible for delays and difficulties caused by the IRS' operations.
If any dispute arises in connection with the performance of this Agreement, both you and we agree to try first, in good faith, to settle the dispute. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify.
The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Delaware law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND CRYPTOTAXAUDIT ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to CryptoTaxAudit, 12332 Sowden Rd Ste B-95616, Houston, Texas 77080. The arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA's rules, which are available at www.adr.org or by calling 1-800-778-7879. The AAA's rules will govern payment of all filing, administration, and arbitrator fees and costs. You agree to have the arbitration conducted by telephone, based on written submissions. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section shall survive the expiration, termination, or rescission of this Agreement.
CryptoTaxAudit reserves the right to terminate your Membership on the breach of any material provision of this Agreement by you, or if a condition renders the completion of CryptoTaxAudit's responsibilities under this Agreement unreasonably difficult to fulfill; or at our discretion. Conditions that can cause the completion of CryptoTaxAudit's responsibilities unreasonably difficult include, but are not limited to, failure by you to reasonably meet any provision listed as your responsibility above, failure to cooperate during the Case, or repeated use of abusive, inappropriate, or unprofessional language when communicating with any staff members or representatives of CryptoTaxAudit or the IRS.
Your membership will be terminated if you do not pay the periodic (monthly or annual) membership fee or other service invoices from us on time.
If you fail to cooperate with our reasonable requests for information, misrepresent information or facts to us, or refuse to disclose information that we advise you to disclose, we may immediately terminate your membership and withdraw from this engagement without completing our representation in any matter.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR STAFF AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER, IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF WE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON OUR PART, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The laws of the State of Delaware govern this Agreement.
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