Solar Tax Max™ Plan
Sample Engagement Letter

Homeowner Engagement Agreement (the “Agreement”)

Name:                                       (the “Client”)

Full Address:                                      

Solar Tax Professionals is pleased to work with you to help you capture the maximum tax benefits from your home solar business and ensure that you are otherwise meeting your filing requirements. This engagement letter outlines the services Solar Tax Professionals will provide, its fees, disclosures, and other aspects of the engagement.

Services

Solar Tax Professionals will provide the Client with the following documents:

  • Draft 1040 Schedule C with the applicable information to claim depreciation on the Client’s home solar business. The Client should provide this draft to his/her CPA or other tax preparer for review and to incorporate into the Client’s 1040 return
 
  • Solar Tax Max™ Plan tax deduction schedule the Client can use to track the basis of his/her renewable energy tax basis and year-to-year depreciation.
 
  • (If not already claimed) Draft Investment Tax Credit Form with the applicable information filled out to claim tax incentive credits for the Client’s home solar business. The Client should provide this draft to his/her CPA or other tax preparer for review and to incorporate into the Client’s 1040 return.

Solar Tax Professionals will provide the Client with the following assistance (optional):

  • One fifteen (15) minute phone call with the Client or the Client’s CPA or other tax preparer with one of our contracted tax professionals to explain Solar Tax Professionals’ calculations and analysis for the draft forms and related the documents we provide.


(Together the “Services”)

Fee

Solar Tax Professionals charges a fixed fee for our Solar Tax Max™ Plan. We require payment upfront prior to commencing work. The fee is nonrefundable.

Responsibilities

It is Client’s responsibility to timely provide accurate information and documentation to Solar Tax Professionals (typically two weeks or less from the requested date). If there are any changes to the information or documentation, the Client must timely provide an update on those changes. Solar Tax Professionals will be performing the Services based on the information it has received from the Client.

  • It is Client’s responsibility to provide the information in the format requested. For example, if the request is for email, please provide the information and documents via email and not via text. This helps ensure that no information falls between the cracks.
  • It is Client’s responsibility to provide the draft forms to his/her tax preparer for review and for incorporation into the Client’s 1040 tax return.
 

Period of Engagement

This engagement shall remain in effect until all Services have been rendered, until the Client has failed to respond to a request from Solar Tax Professionals for at least 30 days, or until otherwise terminated in accordance with the termination provision of this Agreement.

Representations

  • The Client represents that it purchased its home solar system and entered into an agreement with a power company for the purpose of producing income.
  • The Client represents that it is engaged in a business for profit in relation to its home solar system.
  • The Client represents that it will be reporting as income the entire amount of electricity that is bartered or sold to the electricity company at the price the electric company pays for such electricity, even if the electric company does not actually pay cash but barters for electricity with other electricity.
  • The Client represents that it is the person who performs substantially all of the work required for its home solar business. If that ever changes, the Client will inform both Solar Tax Professionals and the Client’s CPA or tax preparer so that the tax return can show the proper treatment of any deductions or credits.

Disclosures

  • Solar Tax Professionals is not a law firm, is not providing legal advice, and nothing that they say or communicate should be viewed as legal advice.
  • Solar Tax Professionals is not an accounting firm and the Client is responsible to review any drafts of returns with its CPA or other tax professional.
  • Solar Tax Professionals is not promoting, nor should anything communicated by Solar Tax Professionals be construed to be promoting a tax shelter or otherwise improperly avoid taxes.
 

Indemnification

As additional consideration for Solar Tax Professionals to provide the services, the Client agrees to release, indemnify, defend, and hold harmless Solar Tax Professionals, its partners, officers, directors, members, employees, and agents from and against any and all claims, demands, suits, liabilities, losses, costs, and expenses (including attorneys’ fees) arising out of or in connection with any known misrepresentation or fraud on the part of the Client, or arising from incomplete or inaccurate information provided by the Client, and such indemnity shall exist after the engagement has been terminated.

Governing Law

Client and Solar Tax Professionals both agree that regardless of domicile of the parties, and regardless of where this agreement is physically signed, this agreement shall have been deemed to have been entered into at Solar Tax Professionals office located in Palm Beach County, FL, USA and Palm Beach County, FL shall be the exclusive jurisdiction for resolving disputes to this agreement. This Agreement shall be interpreted and governed in accordance with the Laws of Florida.

Disputes, Binding Arbitration

If any controversy, claim, or dispute of whatever nature arises under or in connection with this Agreement, Solar Tax Professionals and the Client agree to submit to binding arbitration in Florida to resolve such controversy, claim or dispute, unless both parties waive such binding arbitration. The arbitration shall be undertaken pursuant to the substantive laws of the State of Florida and the Federal Arbitration Act, and the rules of the American Arbitration Association (AAA), and the decision of the arbitrator(s) shall be enforceable in any court of competent jurisdiction. The arbitration and the selection of arbitrator(s) shall be conducted in accordance with such rules as may be agreed upon by the parties, or, failing agreement, under the Commercial Arbitration Rules of the American Arbitration Association.

Termination

Either party may terminate this engagement at any time by giving three (3) days written notice to the other party, including email notification. Please note that the Fee is nonrefundable and will remain nonrefundable in the event of termination.

Signatures

                                                                  

[Client]

                                                                               

Solar Tax Professionals

By: [Representative]