Vialto Partners (Vialto Partners, Vialto Australia, we, us, our) refers to the entity identified at vialto.com/about, which is authorised to assist you with Australian tax compliance.
Airtax Platinum is used to assist you in providing us with your Australian tax information. Airtax Platinum connects to the Australian Taxation Office (ATO) and allows certain data to prepopulate or surface based on information already on hand, saving you time in providing the information needed to prepare your tax return.
You are responsible for providing your income, expenses and other information. We prepare your tax return and calculate an estimate of the Income Tax amount payable or refundable to the ATO based on this information. Once the return has been prepared and reviewed by us, you may be required to review and confirm that the information included on the finalised tax return for lodgement is accurate and complete. Vialto Partners will then lodge the tax return on your behalf.
You appoint Vialto Partners to be your Tax Agent to prepare and lodge the relevant tax return only. This includes authorising Vialto Partners to give the tax return to the Commissioner of Taxation.
Vialto Partners will also be an authorised contact person with the ATO for you, and we will set your ATO communication preferences for Income Tax and Debt categories. If applicable, communication relating to Superannuation, Study and training support loans, Activity statement related, and Employer and business obligations categories will continue to be sent to you.
Basis of providing our services
Our services are based on our understanding of current law and the current policy and practice of the ATO or other relevant tax authority as at the time we provide the relevant services.
Powers of tax authorities
It is important to keep in mind that the positions taken in activity statements, tax returns or other documents (including the BAS and ITR) lodged with tax and revenue authorities are not beyond challenge by the relevant authority and that tax and revenue authorities may have wide-ranging powers of investigation and discovery.
All tax and revenue laws in Australia require taxpayers to keep full and accurate records relating to their tax affairs. Penalties may be imposed if a taxpayer fails to comply with these requirements. Maintaining comprehensive records can also be beneficial in supporting your position in a tax dispute as the onus of proof is with the taxpayer.
Records must generally be kept for five years after the later of the date on which:
The information provided in a statement or return, and lodgement itself, will in many cases, create a deemed assessment of the amount disclosed in the return or statement. However, the tax authorities are empowered to:
A taxpayer may lodge an objection disputing an assessment (or amended assessment), but this must be done within certain time limits. The time limits depend on individual circumstances and may be up to four years from the date of the original assessment.
If there is an adverse decision on an objection, it may be appealed through the Administrative Appeals Tribunal.
Tax authorities have strict penalty regimes for the late lodgement of tax returns.
Under the Australian regime, the base penalty is $222 for failing to lodge a tax return on time for each period of 28 days (or part of a period of 28 days) up to a maximum non-deductible base penalty of $1100. If you provide us with all the relevant information in sufficient time for us to lodge the return by the due date, administrative penalties for late lodgement of the return may not apply if the return is actually lodged late.
Other penalties and interest can also apply where late payments are made, or where other forms are filed late.
Australian lodgement dates
The default lodgement date for all taxpayers in Australia is 31 October for the immediately preceding 30 June. Where a taxpayer is on a Tax Agent's lodgement program and the taxpayer is up-to-date with their prior year returns, the taxpayer may have an extended lodgement date of 31 March or 15 May following the preceding 30 June.
Taxpayers who are included on a Tax Agent lodgement program must lodge their Australian returns on-time and electronically, in order for the Tax Agent to continue to benefit from the extended lodgement dates. Accordingly, we reserve the right to remove you from our lodgement program if you do not authorise electronic lodgement of your return within a reasonable period prior to the due date.
If you are removed from our lodgement program, your lodgement date will revert to the default lodgement date of 31 October and any late lodgement penalties and interest will then be calculated from this date and not the extended lodgement date under the Tax Agent's lodgement program.
By clicking “I accept”, you agree with Vialto Partners to be bound by these terms in your personal capacity.
For clarity, Vialto Partners' agreement with you in these terms does not affect
Vialto Partners' or Vialto Partners Client's rights and obligations under the engagement letter or other
agreement between them regarding the Services.
1 Our Services
1.2 Changes – We may modify these terms at any time by updating a revised version of these terms or by notifying you. The effective date of any modification of the terms will be upon our update. By continuing to use the Services after the effective date of any modification, you are bound by the modified terms. It is your responsibility to check the terms for modifications. Any other changes to the Services or these terms must be agreed between us in writing.
1.3 Services for your benefit – Our Services are provided solely for your use for the purpose of preparation of income tax returns and lodgement of ITR with the Australian Taxation Office (“ATO”).
1.4 Authorisation to prepare and lodge ITR – By accepting these terms, you authorise us to prepare and lodge your ITR on your behalf, as your tax agent.
1.5 1.5 Our outsourced services and cloud computing – In addition to any subcontractors and other third party providers referred to in your employers'/your independent engagement letter with Vialto Partners, the contractors and suppliers referred to in clause 7.4 include but are not limited to providers of outsourced services and cloud computing described here: https://www.vialto.com/about
2 Use of Airtax Platinum
2.2 Connecting to Airtax Platinum through myMobility – You give us permission to access and use your information from myMobility as permitted by that service, and to store your login credentials for that service.
3 Applicable law
The law applying to this agreement is the law in force in New South Wales. Both of us submit to the exclusive jurisdiction of the courts of that state and waive any right either of us may have to claim that those courts do not have jurisdiction or are an inconvenient forum.
4 Data Hosting
We use third party providers of cloud-based Platforms as a Service (“PaaS”) and data hosting to host Airtax Platinum. We store the information in the cloud environment in an encrypted format. You acknowledge that any information inputted into Airtax Platinum (including any personal information) will therefore be transferred to the PaaS and data hosting providers (who may in turn provide the information to other parties) (together, the Data Host), which may be located outside of Australia. The Data Host may not be subject to privacy obligations that are similar to the Australian Privacy Principles, and may be subject to a foreign law that could compel the disclosure of information (including personal information) to a third party, such as an overseas authority. You agree that in no event shall Vialto Partners or its beneficiaries be liable for any loss of any kind (including loss of your data) arising from an act or omission (including a negligent or dishonest act or omission) of a Data Host, which may include the following:
As an end user of Airtax Platinum, you must not do anything or omit to do anything that would give rise to a liability of Vialto Partners (if it were our act or omission) under the Microsoft Azure Service Agreement and Terms available at https://azure.microsoft.com/en-us/support/legal/ as modified from time to time, including without limitation by breaching the Acceptable Use Policy or other Policies (each as defined in that agreement).
In this agreement the following words and expressions have the meanings given to them below
5.1 Services – use of Airtax Platinum as set out in this agreement
5.3 you – the taxpayer for whom the Services are provided
5.5 Vialto Partners Client – the client that engaged Vialto Partners to provide the Services under a separate engagement letter or agreement
I have read these terms and accept them.
Vialto Partners respects your privacy.
Vialto Partners (we, us, our) is committed to protecting your privacy. We are bound by the Privacy Act 1998 (Cth), and comply with our obligations under the Australian Privacy Principles.
If you provide us with personal information about others, you agree to inform the individual that the information is being collected and why, how it will be used and the matters outlined in this statement.
We disclose your personal information to our third party PaaS and data hosting providers. Given the nature of the services, we will also disclose your personal information to Australian regulators including the Australian Tax Office.
You don't have to provide us with your personal information, but if you do not, we may not be able to offer you access to Airtax Platinum or our services, or may be restricted in the way we provide our services to you.
Vialto Partners is a global network, with member firms located around the world. We may transfer or disclose your personal information to Vialto Partners member firms, but only for the purposes set out above. You can find a list of countries in which Vialto Partners member firms are located here: Vialto Partners territory sites We also use third party service providers such as IT, web hosting, data storage, back-up and data analysis service providers located in various countries to process information on our behalf. These service providers are bound to maintain appropriate levels of information security and confidentiality, and to process personal information only as instructed by Vialto Partners.