Terms and Conditions
Please ensure you read and understand the following terms and conditions, which apply to your engagement of Findex (Aust) Pty Ltd (Findex) via its Same Day Tax Refunds service, for the purposes of completing an Individual tax return (ITR) which, if any tax refund is estimated as payable to you by the Australian Taxation Office (ATO), may enable you to be paid a same-day tax refund from Findex (SDTR). Your contract consists of these Terms and Conditions, and our Terms of Business (https://www.samedaytax.com.au/terms-of-business/).
If you have any questions relating to the following information, please ask the Findex adviser that is assigned to you.
Tax Refunds
1. Findex cannot guarantee that, upon lodgement of your ITR, any tax refund will be paid or payable to you by the ATO. Neither eligibility or use of the SDTR process and/or payment by Findex to you of a SDTR shall constitute a warranty or guarantee that you will be eligible for any tax refund be payable or paid to you by the ATO.
2. If you have instructed us to prepare your ITR, and it is ultimately estimated that no tax refund will be paid or payable to you by the ATO, you are not eligible to receive a SDTR but you must still pay our fee for work completed in preparing your ITR. You agree that you must pay us this fee, and this obligation is a separate matter to whether or not you are entitled to a tax refund from the ATO.
3. If your ITR is lodged with the ATO before 4pm AEST Monday – Friday, and we have determined you are eligible for a SDTR, the sum of any tax refund estimated to be payable to you by the ATO (up to $1,000.) will be paid to you by us in advance, via EFT from our bank to your nominated financial institution, on the day we lodge your ITR. If an ITR is lodged after 4pm, any SDTR will be processed on the next business day.
4. Any SDTR payment can only be processed via electronic funds transfer (EFT).
5. Findex makes no warranty or guarantee as to the length of time it will take your financial institution to deposit the sum of any SDTR into your bank account, and Findex does not guarantee that any sum paid to your bank account will be received by you on the same day.
6. Payment by Findex to you of a SDTR is independent and separate to any actions or determinations of the ATO and does not constitute a representation, warranty or guarantee that you have discharged your obligations to the ATO in relation to your ITR.
7. Though Findex may still lodge your ITR for you if you instruct us to, you are not eligible to receive a SDTR, and you must notify us, if any of the following apply:
a. you are not an individual natural person; or
b. this is your first time lodging an ITR; or
c. you owe a debt to any of the following: Centrelink, Child Support, Australian Taxation Office, Family Assistance Office, Collection Agency, Findex or its related entities, or any other government agency who may recover debt via the ATO; or
d. you have any ITRs that have not been lodged for any prior year or you require multiple ITRs to be prepared (for example, multiple ITRs for multiple years); or
e. it is estimated that there will be no tax refund paid or payable to you by the ATO; or
f. Findex, acting reasonably, considers that it cannot do so for any other reason – in which case we will let you know as soon a reasonably practicable.
Your failure to disclose, or your incorrect or inaccurate disclosure, of any of the above information may result in an obligation on you to repay Findex any SDTR payment paid to you, within seven days of receiving a written notice from Findex.
8. The maximum SDTR which may be paid to you is $1,000.
9. If there is any change to the sum of a tax refund estimated to be payable to you by the ATO after Findex lodges your ITR or if the amount actually paid to you by the ATO differs from the tax refund estimate (whether by subsequent variation to your return, or otherwise), you must repay to Findex the sum of any overpayment of the SDTR, within seven days of receiving a written notice from Findex.
Fees & Processing
10. Before lodging your ITR, Findex requires that you provide copies of all documentation it needs and requests, including to verify the information in your ITR.
11. Findex requires that you pay its fee, which at your election may be paid by credit card or by deduction from any SDTR which would otherwise be paid to you.
12. Findex receives any tax refund paid to you by the ATO, into its trust account. You agree and authorise Findex to receive any tax refund into its trust account, and to retain from that tax refund the amount of any SDTR paid to you. If the sum of the tax refund received from the ATO is higher than the SDTR sum paid to you, Findex will pay you any balance. If the sum of the tax refund received from the ATO is lower than the SDTR sum paid to you, you must repay to Findex the balance within seven days of receiving a written notice from Findex.
13. There is approximately a 14 day wait for any tax refunds from the ATO. Except to the extent caused by Findex, Findex is not responsible for delays caused by processing, audit or any other requirements resulting from the ATO’s processes or requirements.
14. Prices quoted on the Findex website are for preparation and lodgement of one ITR for the current year only and are inclusive of GST. We will let you know if that fee has changed, and agree any new fee with you, before proceeding with any work for you.
15. Prices quoted are for ITRs we consider to be standard. Additional charges may apply for complications to your ITR and extra services, including (but not limited to) franking credits, rental property and business schedules. We will let you know and agree any additional charges before proceeding.
Version 004
Issue date 9 November 2023