Contract of service

Contract of service between the User and T2inc.ca

This license agreement constitutes a contract of service between you (henceforth the User) and T2inc.ca, the owner of this website.

By creating an account, the User acknowledges having read, and understood, all the terms and conditions of this contract of service, and agrees to abide by them.

What is T2inc.ca?

Thanks to our web-based software, which is accessible around the clock, Canadians corporations, no matter where located, may report their revenues to the taxation authorities, while benefitting from the assistance of an expert accountant specialized in small enterprise taxation.

How to?

Simple: create an account. An income tax professional will then promptly contact you for an appraisal of your needs, and give you access to T2inc.ca interface. You will enter the necessary information in the interface, with our team’s assistance tailored to your needs. Next, an expert accountant specialized in corporate income tax shall contact you to finalize your return.

Lastly, once all your information is in, we shall send you copies of your corporate income tax returns, as well as documents to sign off authorising us to electronically submit your corporate income tax return to the Canada Revenue Agency and to Revenu Québec. We shall then send you the corporation’s filing confirmation numbers.

1. Our services

We provide the following services to corporations that meet the conditions defined in section 3:

• Assisting corporations to prepare their income tax returns (T2, CO 17), and electronically filing them to the Canada Revenue Agency and/or Revenu Québec.

• After-filing services: A T2inc.ca account executive will answer the tax authorities’ questions, if any, concerning the User’s corporate income tax returns.

2. Costs arising from our services

T2inc.ca demands a baseline fee of 850$ per corporate income tax return, and per year, for assisting in the preparation of returns, and filing them to the Canada Revenue Agency and/or Revenu Québec.

For after-filing services not exceeding two (2) hours, T2inc.ca demands an additional fee of 100$ per corporate income tax return, and per year. Any additional hour shall be charged at the current hourly rate minus a 25% rebate. If not used, the above-mentioned two (2) hours for after-filing services shall not be transferable to any other year. Users optioning out of the after-hour services, who later request T2inc.ca to answer the tax authorities’ questions, shall be charged an hourly rate varying between 85$ and 145$ according to the level of competence required. Such users must send us their requests within ten (10) days of receiving the tax authorities questions, at the following email address: admin@t2inc.ca

Further fees shall be added to the baseline fee stipulated above in cases referred to in section 4.2 (Further Fees). As an indication, the average overall fee charged to corporations varies between 950 $ and 1,1150$.

Once the corporation’s income tax return is done, you shall be requested to sign off the consent documents T183 and CO 1000, and to complete your payment through the T2inc.ca website. After our fees are fully paid, our team shall electronically file the return to the Canada Revenue Agency and/or Revenu Québec, and shall then send you the confirmation number for the filing.

3. Conditions of use applying to corporations

3.1 In order to be allowed to use our software and have T2inc.ca file the User’s corporate income tax return, the User must meet the following conditions.

• The corporation was, for the whole taxation year, or for the whole previous taxation year, a Canadian-controlled private corporation (CCPC) as defined in subsection 125(7) of the Income Tax Act.

• The User reports its revenues in Canadian dollars.

• The User has a permanent establishment only in the province of Quebec.

• The corporation does not claim any refundable credit (except for any tax instalment paid).

• The corporation did not receive, or pay, taxable dividends from, or to, a connected company.

• The corporation does not have any Ontario transitional tax debit.

• The corporation is a small or middle enterprise with a relatively simple taxation situation.

3.2 In the following cases, corporations shall not be allowed to file their income tax return using T2inc.ca Web-based software.

• The corporation held, solely or jointly with associated, connected or affiliated companies, assets of more than 1,000,000$ (one million dollars).

• The corporation held, solely or jointly with associated, connected or affiliated companies, a taxable income of more than 500,000$ (five hundred thousand dollars) during a taxation year.

• The corporation is associated with a general partnership, is a member of such a partnership, or holds an interest in one.

• The corporation holds, or benefits from, an interest, or a beneficial right, in a trust.

• The corporation, or a corporation affiliated to, or associated with, the corporation, contemplates an amalgamation, winding up, dissolution, or acquisition of control, or has done, or contemplates doing, a transaction within the meaning of section 85 of the Income Tax Act.

• A general partnership, a trust, an incorporated company, a non-resident entity or any other non resident entity is a shareholder of the corporation.

• The corporation claims an investment tax credit, a deduction for foreign taxes, a surtax credit, or any tax credit specific to your province.

• The corporation’s structure and/or taxation situation is complex.

• The corporation is deemed to be carrying on business in the following fields: fishing, agriculture, natural resources, tobacco (sale-production), manufacturing and processing in Canada, logging or mining, daycare, construction, financial services, oil refining, film production, television production, insurance broker, manufacturing, accommodation for tourists.

• The corporation is deemed to be: a construction contractor, a public corporation or a corporation controlled by a public corporation, a financial institution, a Crown corporation, an insurance company (life, deposit or general insurance), a cooperative society, a credit union, a bank, a public investment corporation, a mutual fund corporation, a mortgage investment corporation, a mutual investment fund, an investment corporation, a touring company, a subject corporation, a labour-sponsored venture capital corporation, a public investment corporation subject to Part IV tax, a non-resident insurer, a venture capital corporation, a farming firm, a loan or a trust company, a large corporation, a professional corporation associated to a partnership, a charity or a non-profit organization, a corporation exempt from tax.

• The corporation claims a deduction for scientific research and experimental development expenditures.

• The corporation holds property or assets outside Canada (e.g. assets, investments, shares in a foreign corporation, savings account in an American bank, shares in an American corporation, an investment or an interest in a foreign corporation).

• The corporation earned revenues from a foreign enterprise or from an investment made outside of Canada, or received revenues, or property of any nature, from outside Canada.

• The corporation is affiliated, connected, or associated with foreign corporations.

• The corporation made transactions with a foreign corporation or a corporation that is a non-resident of Canada.

• The corporation made borrowings or loans with a non-resident of Canada.

• The corporation made any other transaction with a non-resident of Canada.

• The corporation made a claim for treaty-based exemptions.

• The corporation does not deal at arm’s length with an entity that profits from, or is beneficially interested in, a trust non-resident in Canada.

• The corporation does not deal at arm’s length with an entity that made transfers or loans to a trust non-resident in Canada.

• The corporation immigrated in or from Canada.

• The corporation has farming incomes or expenses.

• The corporation is deemed to be a personal services business or a specified investment business for the purposes of the Income Tax Act.

• The corporation made payments, or received an amount, or reported losses, revenues or deductions, arising from a tax shelter, patronage dividends, an employee benefit plan, a retirement compensation arrangement, a construction subcontractor, a deferred income plan, (registered pension plan, supplementary unemployment benefit plan, deferred profit sharing plan, employees profit sharing plan), resources (e.g. development and/or exploration expenses, gaz operating costs), the Crown, Canadian manufacturing and processing profits, or a government for tax paid outside of Canada.
4. Fees and expenses

4.1 Fees and basic terms and conditions

By accepting this offer of services, the User agrees to pay both the baseline price of 850$ per corporate income tax return and per year, and the extra fees, if any, applicable to its case.

T2inc.ca requires a first part-payment of 250$ as of the opening of an account. For the balance owing, T2inc.ca shall invoice the User as the work advances.

Any invoice shall be due upon receipt, and the User hereby agrees that, should it fail to pay any amount owing within thirty days (30) of such a receipt, an interest rate of 1,25% per month, or 15% per year, shall apply to the balance owing.

No income tax return shall be filed to the tax authorities prior to the full payment of the T2inc.ca fees. Should a failure to file a return, consequent upon a non-payment, lead to penalties and/or interests, T2inc.ca, its representatives, and employees, shall not be liable for such penalties and/or any interest.

In the event of a non-payment by any due date, T2inc.ca reserves the right to suspend its services until the full payment of any amount owing.

Furthermore, in the event referred to above, T2inc.ca reserves the right to retain the User’s income tax return, and the User agrees that T2inc.ca shall not be liable for any interest, or penalty, imposed by the taxation authorities as a consequence of the late filing of the return.

Any fee referred to in this contract of service shall not include the expenses and taxes applicable, which the User shall pay in accordance with the above terms and conditions.
4.2 Extra fees and expenses

The baseline fee indicated in subsection 4.1 applies to every corporate income tax return. However, if a corporate income tax return requires the processing of supplementary schedules, or is subject to an unduly short time limit, extra fees shall added to the baseline fee of 850$, in accordance with the terms and conditions detailed below.
4.3 Supplementary schedules

If your corporation matches one of the situations depicted below and extra hours be consequently required for processing its income tax return, the following extra fees shall be added to the baseline fee: a fee of 100$ for the first hour of extra work, and a fee varying between 65$ and 145$ for every subsequent hour, according to both the complexity of the work involved and the level of competence demanded. (As an indication, the overall fee we have charged per income tax return varies on average between 950$ and 1,150$. For more information relating to your situation, you may contact a T2inc.ca representative).

• The corporation made gifts and charitable donations.

• The corporation received or paid dividends.

• The corporation has loss carry forwards or loss carry backs (for capital losses and other losses).

• The corporation has revenues stemming from “another property” (for instance: leasing revenues from real property.

• The corporation had dispositions, or acquisitions, of capital property.

• The corporation has capital cost allowance (CCA).

• The corporation has a related, associated, or connected company.

• The corporation has deductions for cumulative eligible capital (CEC).

• The corporation made transactions other than compensation, or an expenditure refund, with shareholders, executives, or employees (e.g., loans receivable or debts payable, property sold or bought).

• The company has a continuity of reserves, or of new reserves.

• The corporation made various payments to residents, for which it did not file any T5 slip (e.g., royalties, management fees, fees for assistance, or for research and development).

• The corporation holds shares of another corporation, or controls another corporation.

• Data from previous years must be taken into account in the corporate income tax return (for instance, losses, capital property, CDA (capital dividend account, CDC compte de dividendes en capital), RTC, RDTOH (refundable dividend tax on hand = IMRTD impôt en main au titre de dividend), GRIP (genera rate income pool = CRTG compte de revenu à taux general), CRTR, PCRF (Petroleum Compensation Revolving Fund = FRIP fonds renouvelable d’indemnisation pétrolière), Parts IV.1 and VI.1 taxes, etc.)

• For any other situation not envisioned in our online forms.

4.4 Delivery time

T2inc.ca reserves the right to charge extra fees according to the time at which it receives the documents necessary for preparing a corporate income tax return.

The failure to provide T2inc.ca with all necessary information at least fifteen days (15) before a filing deadline may render such a deadline unattainable. In the event of such a failure, and should it meet the deadline, T2inc.ca shall add an amount of 250$ (two hundred and fifty dollars) to its baseline fee. If T2inc.ca receives all necessary information only between 15 and 30 days before a filing deadline, T2inc.ca shall add an amount of 150$ to its baseline fee if it meets the deadline. If it receives all necessary information only between 45 and 30 days before the filing deadline, T2inc.ca shall add an amount of 100 $ to its baseline fee, if it meets the deadline.

The necessary documents referred to above include the authorisations T183 and CO 1000 signed by you to authorize T2inc.ca to file the return. You would therefore do well not to delay any necessary document.

6. Confidentiality

Any information transmitted to T2inc.ca shall be used for the purposes of the mandate entrusted to it, and shall remain entirely confidential. Unless the law, or a regulatory agency, obliges it to do otherwise, T2inc.ca shall abstain from transmitting to a third party any information it receives for carrying out its mandate, without your previous written authorisation. For more details on this, read our confidentiality policy.

7. Intellectual property

T2inc.ca hereby certifies to be the sole owner of the T2inc.ca website, which may be used for the purposes it was designed for. Correspondingly, the User acknowledges T2inc.ca’s right of property in the T2inc.ca website, and the User agrees not to reproduce, copy or otherwise use the said website for purposes for which it was not designed.

8. Domicile

In case of a claim or judicial proceeding for any reason relating to this contract, the parties hereby agree to choose the judicial district of Rimouski, province of Quebec (Canada), as the appropriate location for a hearing of such a claim or judicial proceeding, to the exclusion of any other judicial district that may have jurisdiction regarding such matters in accordance with the law.

9. Other conditions

By accepting this offer of services, the User acknowledges having read all the terms and conditions in this contract, and agrees to abide by them.

We thank you for choosing our firm to represent you within the purview of such mandates.

If you have any question relating to the terms and conditions detailed in this offer of services, do not hesitate contacting Mr. Frédéric Roy-Gobeil through admin@t2inc.ca, who will be delighted to answer you.

Please accept our best regards.

On behalf of the whole T2inc.ca team, thank you for the confidence you place in us.
5. Liability

As indicated above, we shall assist you in the preparation of your income tax return (T2 and CO 17 if in Quebec) and then file it electronically to the Canada Revenue Agency and/or Revenu Québec, once you sign off the consent (T83, CO 1000) and pay the due costs and fees.

We shall inform you of any time limit for a tax payment, and/or for an instalment, if any, through your account T2inc.ca. We shall not be liable for any penalty, or interest, that may ensue from the late compliance with your tax obligations. It is incumbent to you to make your tax payments, and to send any compulsory form regarding your enterprise. The tax authorities allow taxpayers to pay their taxes by quarterly instalments only on conditions. It is your responsibility to ensure that you meet those conditions, which you may do by calling the tax authorities. T2inc.ca’s liability shall be limited to the amount you pay for the services it offers on its website for the current year. You hereby agree to send us any claim for a reimbursement within ten days (10) of the receipt of your notice of assessment, to the following address:

3956, Mentana, Montreal (Quebec), Canada, H2L 3R8. You must include a copy of any notice of assessment sent to you by the tax authorities regarding the taxation year in which an error might be attributable to T2inc.ca, and send us all the information necessary to prove the nature and existence of such an error, and of the responsibility of T2inc.ca. We shall then contact you quickly.

Our guarantee, however, does not apply to the following cases:

1. You did not enter your data properly in T2inc.ca.

2. You used T2inc.ca in a faulty, negligent or fraudulent manner.

3. A new notice of assessment was sent to you 12 months after a first notice of assessment.

4. You sent us your claim after the above-mentioned time limit of ten days (10).

5. You did not file as soon as possible a modified income tax return when the error was detected.

To perform our work satisfactorily, we need all the relevant information. It is incumbent to you to provide us with all such information within the reasonable time limits mentioned above. You shall be deemed responsible for any error or omission in the information you provide us. We hereby decline any responsibility to verify the accuracy, completeness, or truthfulness of the data you provide. We shall not verify the information you provide, and we cannot be held accountable for the tax consequences (taxes, interest and/or penalties) that might ensue from the inaccuracy of such information. We cannot guarantee that the tax authorities will accept your income tax return. Furthermore, the tax authorities may ask you supplementary information, and you consequently must keep your documents.

T2inc.ca hereby declines any responsibility as to your choices and decisions in tax matters.

You are responsible for all the decisions relating to the management of your enterprise, and to your choices in tax matters; we deny any liability for any indirect, special, or accessory damages (relating for instance to a loss of business, a loss of profits or investments) stemming from dissolution of contract, breach of warranty, tort liability. We do not warrant that the general information posted on the T2inc.ca website to help you prepare your corporate income tax return is complete or up to date. We do not provide professional consulting services in taxation and accounting matters. The purpose of the general information posted on our website is to help our clients prepare their income tax returns, and not to provide them with taxation or accounting consulting services. The information and documents posted on our website are provided without any guarantee as regards their accuracy. We decline any responsibility, warranty, express or implicit, regarding these resources (any information posted on the T2inc.ca blog, any video or text on its website), inter alia as regards their suitability for any particular purpose, their quality, reliance, accuracy, validity, and commercial value.

We decline all responsibility as regards the taxation evolution of the file after the services are delivered. Our services are limited to preparing the reporting forms T2 and CO 17, and transmitting them electronically to the Canadian taxation authorities. It is your exclusive responsibility to carry out all of your taxation obligations, and to submit all other prescribed forms (GST, QST, T4 RI, T5-R3, T4A, T4A-NR, NR4, T106, T1135, T1134, T1142, T1141, etc.).

It is incumbent to you to advise the taxation authorities of any change in your corporate address. Entering a new address in T2inc.ca, and/or in your corporate income tax return, does not update your address in the taxation authorities files. You can convey your address change to the taxation authorities by phone. The User acknowledges being informed that he cannot change the corporation’s name, mail address or headquarters address, for the purpose of submitting corporate income tax returns through Internet.

You should be aware that there are hundreds of exceptions to the general provisions in the Canadian taxation laws, and that our forms cannot take all such exceptions into account. It is therefore your responsibility to inform us of any special situation of the corporation, since our forms cannot be comprehensive. We aim at helping as many small Canadian corporations as possible with relatively simple taxation situations, and not at processing all exceptional cases and complex situations.

Within the purview of any mandate, we only give recommendations, and nothing we do must be interpreted as a decision for the corporation. For any mandate, you must entrust a designated person with the task of (1) overseeing the delivery of our services, (2) appraising the efficacy of T2inc.ca, and (3) approving the services. It is also incumbent to you to make sure that you and your clients verify the income tax returns so as to avoid any error or omission before signing the consent document (T183), CO 1000).

The User hereby acknowledges that it is incumbent to it to report the full amount of its corporate revenues whatever their sources, and agrees to do so. Should there be any omission or error in the revenues reported, the User shall be responsible for any ensuing tax, penalty, and interest.

The User agrees not to add or change any information relating to direct deposit on a return filed by T2inc.ca, and agrees in such an event to take all the necessary steps directly with the taxation authorities. The User acknowledges its responsibility as regards the above.

The User confirms hereby that it did not own at any time during the current year any foreign property exceeding 100,000$CD. T2inc.ca shall disavow any responsibility if the compulsory form relating to the above case is not completed, and if the User is, as a consequence, taxed or assessed penalties.
SCHEDULES

Other terms and conditions

1. Unforeseen events. If changes to the timetable or scope of services become necessary as a result of a legislative change, or of uncontrollable circumstances (for instance, an electric breakdown, terrorism, a war or other conflict, governmental problems, a natural catastrophe, civil disturbances, work conflicts), which do not entail any negligence or fault, the parties hereby agree to settle the costs and/or mend the timetable of the appropriate services.

Each party shall be exempted from any fault or delay in the performance of its obligations hereunder (other than the obligation of paying) in the case of a fortuitous event.

2. The client’s information. The client shall provide T2inc.ca, in proper time, with complete and accurate data, and such resources shall be reasonably accessible so that T2inc.ca may carry out the services required. T2inc.ca bases the income tax returns on the data provided by the client.

T2inc.ca is not responsible for assessing and verifying the accuracy, completeness or truthfulness of the data provided by the client. T2inc.ca may divulge the data provided by the client to subcontractors working in the file, with the client’s consent.

3. Confidentiality. Without prejudice to the terms and conditions of this contract, both the client and T2inc.ca shall take reasonable steps to preserve the confidentiality of each other’s information. You hereby consent to having your information stored on our secured servers. T2inc.ca shall not sell your information, which shall be deemed confidential. Such information shall be made available to you, should you need it, and it shall be subject to the laws of the jurisdiction governing T2inc.ca, including the laws relating to the disclosing of such information. Note that such information is being stored on secured servers in the United-States.

4. Electronic filing. The electronic transmission of information, through the internet or otherwise, presents many risks.

T2inc.ca cannot guarantee the security and integrity of the electronic transmission of information. T2inc.ca cannot guarantee that the electronic transmission of information shall be exempt of any contamination by viruses or other malware.

5. Computer security. You agree to use T2inc.ca on computers that you own and/or that you are authorised to use. It is incumbent upon you to protect your documents and access codes to the T2inc.ca software. Such documents and access codes contain confidential information, and it is your responsibility to protect your files and passwords against stealing or any other misdemeanour. Be cautious, and change your passwords regularly (email addresses and access codes to T2inc.ca), and protect the accessibility to your electronic devices and documents.

6. Responsibility. T2inc.ca cannot guarantee that its Web-based software is exempt of problems, or errors, or that the T2inc.ca website is devoid of viruses or other malwares. T2inc.ca liability shall be at all times limited to the amount you pay for the services offered through T2inc.ca for the current year.

7. Conditions applying to the User: By creating an account on T2inc.ca, you certify that: (1) You shall use it only for filing corporate income tax returns, and you shall not copy, spy, or analyse our know how. (2) You shall provide complete and truthful information. (3) You shall not create or use a false identity. (4) You shall not use T2inc.ca for purposes that are fraudulent, false, illegal or prohibited by this contract and/or the laws in Canada. (5) You shall not impede or obstruct the operation of the T2inc.ca website.

8. Right to terminate the services. T2inc.ca and the other party to this contract may terminate this contract, with or without a reason, by a written notice. In case of a termination, for whatever reason, the client shall be invoiced for the time spent and expenses made until the termination date.

T2inc.ca reserves the right to suspend the execution of the services whenever the client fails to pay any amount payable by virtue of this contract.

9. Expenses. The client shall reimburse to T2inc.ca any reasonable expense incurred for providing its services. Such expenses as travelling and lodging expenses, or any expense relating specifically to this contract, shall be invoiced to you. Administrative expenses, such as inter alia phone expenses, research material, fax, mail, messaging, administrative support, shall charged to the client at the rate of 7% of the fees demanded by T2inc.ca for its professional services.

10. Invoicing and taxes. Unless otherwise indicated in this contract, the invoices for extra services shall be sent, on a regular basis, as the mandate is being completed. Accounts shall become due when received.

The interests on overdue accounts shall be computed at the monthly rate of 1.25%, from 30 days after the invoice date. Any amounts, expenses, and other fees, payable by virtue of this contract, do not include the taxes. T2inc.ca shall invoice all applicable taxes, over and above the fees invoiced.

11. Intellectual property. T2inc.ca retains all copyrights and other rights of intellectual property in all reports, notices, softwares, stratagems or other communications, provided in any form to the client. You hereby agree not to disclose to any third party, and not to use, any information you may have about T2inc.ca. Any unauthorised reproduction, adaptation, or translation, is prohibited.

12. Mode of payment. T2inc.ca may refuse any one mode of payment and impose any one it wishes. The mode of payment chosen by T2inc.ca is secured payment by credit card through Paypal on the Internet.

13. Miscellaneous. This contract of services is deemed to have been concluded in Rimouski, province of Quebec. The laws of the province of Quebec govern the carrying out of the contract. T2inc.ca has the right to bring changes to the offer of services detailed in this contract through its website and/or by email, and you must read from time to time this contract of service. The vehicles of communication favoured by T2inc.ca are its website and emails.