Statement of Work – Back Filing Services – Standard
This Statement of Work (“SOW”) is between (“you” or “your”) and Avalara, Inc., a Washington corporation (“Avalara,” “us,” “we” or “our”). By indicating your electronic acceptance, you agree to be bound by the terms and conditions of this SOW and the Avalara Terms and Conditions available at www.avalara.com/legal/terms (“Terms”), which are incorporated herein by reference. This SOW is not effective until you receive notice of our acceptance or until we begin work under this SOW.
You have requested our assistance in preparing and filing original (unfiled) sales and use tax returns for prior period(s) to adjust the reported tax liability. The specific reporting periods and taxing jurisdictions involved in this effort were previously reviewed with you and are documented in the Avalara Backfiling Statement.
SCOPE OF SERVICES
The specific scope of this effort will be to prepare the prior period original (unfiled) sales and use tax returns for the specific reporting periods and taxing jurisdictions identified in the Avalara Backfiling Statement. We will prepare these returns based on the transaction data available in your designated Avalara AvaTax production account.
You are responsible for getting your company’s transaction data into your Avalara AvaTax account, along with any adjustments that you deem necessary for accurate tax reporting.
We will prepare the prior period returns based on this information. We will work with you to facilitate pre-funding of any additional tax, interest and/or penalty amounts due through our treasury process. Upon confirmation of funding we will file the returns and fund with the taxing authorities in the format and filing methodology required. We will provide you with a confirmation of filing and payment, along with copies of the completed returns as well.
You are responsible for addressing any correspondence and/or communications from the taxing authorities related to these returns and payments.
For each reporting period and taxing authority listed in the Avalara Backfiling Statement, we will provide copies of the following:
- Copies of the completed returns;
- Confirmations of filing and payment (where applicable.)
We can initiate this effort within three to five business days of receipt of a signed order authorizing this work. The length of time necessary to prepare the prior period returns will vary based in large part on the number of filing periods and taxing jurisdictions involved, as well as your ability too timely pre-fund any additional amounts to be remitted under this effort. Typically, it takes three to four weeks to complete the project barring any unforeseen circumstances.
EXTENSION OF SCOPE (Add on requests)
This SOW applies only to those specific filing periods and taxing jurisdictions listed in the Avalara Backfiling Statement. Should you require an expanded effort involving additional filing periods and/or taxing jurisdictions we will require written authorization prior to proceeding.
Our professional fees are based upon the value of our services, the complexity of the engagement, and the resources utilized. For this specific engagement, our fees for professional services will be as identified in the Avalara Backfiling Statement.
The actual project fee is located in the Avalara Sales Order.
Postage and mailing fees will be billed in addition to our fees for professional services if incurred.
An invoice will be issued upon acceptance of the authorized project start which is the signed sales order quote.
Current payment terms with Avalara will apply to this SOW.
If an extension of scope is requested within 6 months of the statement of work (SOW) acceptance date, additional fees will be invoiced at a later date.
If you are enrolled in the Autopay program, invoices related to this project will be charged to the payment arrangement on file.
OTHER TERMS AND CONDITIONS
- You and your company represent that all information and documentation provided to us is accurate to the best of your knowledge;
- The scope of this engagement does not include any specific tax research or determination of the taxability of your company’s products or services;
- Your company is responsible for all sales and use tax decisions made and filing positions taken;
- You are responsible for reviewing and approving the adjusted tax liability amounts to be reported that are detailed in the Avalara AvaTax Tax Liability Worksheet;
- Additional information may be required to complete the project. You are responsible for providing us any additional information we may need to complete the project on your behalf. The project will be considered closed if we do not receive the missing information within 10 business days after the initial request and you will be required to re-engage under a new project to assist with the request as needed.
- Filing an amended return may result in an inquiry and/or audit from the taxing authority. You understand the impact of this and agree to address any inquiry and/or audit yourself. Our scope of services does not include any representation or assistance with dealing with the taxing authorities on your behalf.
- In the event you fail to provide us with the necessary information as required by this SOW within 60 days of the date the SOW was signed, we shall have the right to terminate the SOW by notifying you in writing.
- You are responsible for the payment of any additional tax, interest and/or penalties due related to this effort.
- In the event you terminate this SOW without cause before the services set forth herein are completed, you agree to pay the full cost of the services.