Tax Advice and ATO Disclaimer

Tax Advice and ATO Disclaimer

Tax Advice and ATO Disclaimer

1 Purpose and Application

This disclaimer (Disclaimer) applies to all services offered by Herron Todd White (HTW) through the HTW Platform (Platform), including the Free Property Estimate, the Desktop Value Assessment and the Full Inspection Valuation. It forms part of, and must be read together with, the Website Click-Through Terms (Terms) and the Conditions of Engagement (Conditions of Engagement). Defined terms used in this Disclaimer have the meaning given to them in the Terms or the Conditions of Engagement, unless otherwise defined.

2 HTW Does Not Provide Tax Advice

HTW does not provide tax, legal or financial advice. The services offered through the Platform are property valuation and assessment services only. They are not a substitute for appropriate advice tailored to your specific circumstances.

You should consult your professional tax adviser to determine which product tier is appropriate for your specific tax purposes before placing an order. Your tax adviser is responsible for advising you on the suitability of any product tier for your intended tax purpose, including capital gains tax cost base determinations and depreciation schedules.

3 Regulatory Acceptance

HTW does not decide, and cannot guarantee, whether the Australian Taxation Office (ATO) or any other federal, state or local government authority or regulatory body (each, an Authority) will accept any report prepared by HTW for your intended purpose. Acceptance of a report is a matter for the relevant Authority in its discretion, having regard to the Authority’s own requirements and guidelines.

4 Nature of the Desktop Value Assessment

The Desktop Value Assessment is an indicative assessment only. It incorporates some manual review by a qualified valuer but does not include a physical inspection of the property, and is not, a valuation report under the API Rules of Professional Conduct. Whether the ATO or another Authority will accept a Desktop Value Assessment for a particular tax purpose is a matter you should confirm with your professional tax adviser before ordering.

5 Currency of Reports

A report prepared by HTW is current as at its Date of Assessment only. The value or indicative value assessed within a report may change significantly and unexpectedly over a relatively short period. You should not rely on a report after the expiry of the 90-Day Report Period or if you become aware of any factors that may affect the assessment.

6 Upgrade Option (“Uplift Path”)

In addition to your rights under the Australian Consumer Law, if an Authority determines that a lower-tier product does not meet the Authority’s requirements for your intended purpose, HTW offers the option to upgrade to a higher-tier product by paying only the incremental cost difference (Upgrade Option).

Example: If you purchase a Desktop Value Assessment ($195) and subsequently require a Full Inspection Valuation ($549), you will pay only the incremental difference of $354 to upgrade. You will not pay more in total than the price of the higher-tier product.

The Upgrade Option is an additional, voluntary remedy. It does not replace, limit or affect any rights or remedies available to you under the Australian Consumer Law or any other applicable law.

7 Professional Referral Channel

Where you have been referred to HTW by an accountant or other professional adviser, that adviser may assist you in selecting an appropriate product tier. However, any advice provided by a referring adviser is that adviser’s own advice, and HTW does not endorse, adopt or take responsibility for it. You should satisfy yourself independently that the product tier you select is appropriate for your purposes.

Your referring adviser may receive a referral benefit from HTW in connection with services ordered through the referral channel. Details of this arrangement are disclosed in accordance with section 47B of the Fair Trading Act 1987 (NSW) and the Terms.

8 Consumer Guarantees

Nothing in this Disclaimer excludes, restricts or modifies any consumer guarantee under the Australian Consumer Law, or any right or remedy available to you in respect of a consumer guarantee (Consumer Guarantees). The Upgrade Option described in clause 6 is in addition to, and does not limit or affect, your Consumer Guarantees.

9 Third Party Data

HTW’s reports may incorporate data sourced from third parties, including PropTrack and other data providers (Third Party Data). HTW does not warrant the accuracy or completeness of any Third Party Data. Third Party Data is used subject to the terms on which it is made available to HTW.

10 Acknowledgement Before Payment

Before completing your order for a Desktop Value Assessment or Full Inspection Valuation, you will be required to confirm the following acknowledgement by ticking an unticked checkbox:

Sample wording — document text only, not a consent control. Any adviser field is an example placeholder.

☐ I understand that HTW does not provide tax advice and I have considered which product tier is appropriate for my tax purposes.

Please note you will not be able to proceed with payment until you have ticked this box.

11 Interpretation

In this Disclaimer:

(a) Authority means the ATO or any other federal, state or local government authority or regulatory body;

(b) Consumer Guarantees has the meaning given in clause 8;

(c) Third Party Data has the meaning given in clause 9;

(d) Upgrade Option has the meaning given in clause 6; and

(e) all other defined terms have the meaning given in the Terms or the Conditions of Engagement, including: HTW, Platform, Free Property Estimate, Desktop Value Assessment, Full Inspection Valuation, Date of Assessment, 90-Day Report Period, Terms and Conditions of Engagement.