Legal Notice: This is a non-binding convenience translation of our Engagement Agreement. In case of discrepancies between the English and German versions, the German version is legally binding.
General Terms of Engagement for Crypto Assets – Consumers (Convenience Translation)
Special Terms of Engagement for Crypto Assets – Businesses (Convenience Translation)
Engagement Agreement
The Client engages Enzinger Steuerberatung GmbH (hereinafter referred to as the “Service Provider”) to perform the following services, based on the documents and information provided by the Client, for the completeness and accuracy of which the Client is solely responsible (in accordance with the relevant completeness and accuracy principles of the financial authorities).
1. Data Processing and Data Review for Crypto Transactions
1.1. Scope of Services: Input of Raw Data into the Crypto Tax Tool
Based on the raw data provided by the Client, the Service Provider is responsible for inputting this data into a crypto tax tool provided by the Client. Alternatively, the Service Provider may create an account in a crypto tax tool on behalf of the Client and enter the raw data there. The Service Provider assumes no responsibility or liability for the completeness and accuracy of the submitted raw data. This responsibility lies solely with the Client. A crypto tax tool is software in the form of a web application or app that collects and processes transactions involving crypto assets to generate a tax report. The method of entering raw data into the crypto tax tool may vary depending on the system used (e.g., API integration, CSV files from crypto exchanges, crypto platforms, or wallet providers used by the Client). The Service Provider can only perform sample checks to verify whether raw data from API connections, CSV files, or other sources has been correctly and completely imported into the crypto tax tool. Any software errors on the part of the crypto tax tool provider, cryptocurrency exchanges, crypto platforms, or wallet providers fall outside the responsibility of the Service Provider. The Service Provider assumes no responsibility or liability for such errors.
1.2. Data Review (QTR = “questr-Transaction-Report”)
After entering the raw data, and if explicitly commissioned by the Client, the Service Provider may perform certain sample-based verification procedures regarding the accuracy, completeness, and clarity of the data. The questr-Transaction-Report (QTR) is an assessment of the data processing quality within the crypto tax tool based on sample checks and analytical procedures applied to the data submitted by the Client. A complete and exhaustive review of all data is not part of the service package. The Service Provider evaluates data quality using sample-based checks and applying qualitative and quantitative criteria within the dataset. The results are summarized in a QTR report, which provides feedback and recommendations on how the data can be improved. The QTR assesses the criteria of accuracy, completeness, and clarity. The questr-Transaction-Report (QTR) can serve as a basis for further analysis and conclusions.
1.3. Fees
The services provided are billed on an hourly basis. The applicable hourly rate is EUR 220.00 plus VAT, resulting in a total price of EUR 264.00 per hour. The minimum billable unit is 15 minutes. The amount is due immediately upon receipt of the invoice.
If the use of the crypto tax tool incurs additional costs for the Service Provider, the Service Provider is entitled to invoice these costs to the Client.
The scope of services does not include the tax evaluation of the data or tax advisory services related to cryptocurrencies and crypto assets.
For adjustments to the agreed hourly rates, reference is made to Section 4.4. of the General Terms and Conditions (AAB) for Crypto Assets.
2. Proof of Source of Funds
2.1. Scope of Services
The Client engages the Service Provider to prepare a written Proof of Source of Funds, based on the documents and information provided by the Client. Financial service providers (e.g., banks, service providers dealing with virtual currencies pursuant to § 2 Z 22 FM-GwG) are legally required under § 6(1) Z 4 FM-GwG to inquire about their clients’ source of funds (including legal tender and crypto assets). The Proof of Source of Funds prepared by the Service Provider is created exclusively in the interest of the Client (= report recipient) and serves as an informational basis. The Service Provider does not assume responsibility for determining whether the underlying data and the performed assessments are suitable or sufficient for the Client’s intended purpose. The Proof of Source of Funds primarily consists of factual findings. Where possible, the Service Provider may draw preliminary, non-binding conclusions based on these findings, which the Client must verify. The Service Provider does not provide assurances or confirmations. The Client alone is responsible for forwarding the Proof of Source of Funds to financial service providers (e.g., banks, virtual currency service providers pursuant to § 2 Z 22 FM-GwG, etc.). The Service Provider assumes no responsibility or liability towards financial service providers (e.g., banks, virtual currency service providers pursuant to § 2 Z 22 FM-GwG, etc.).
A prerequisite for the preparation of a Proof of Source of Funds is the proper and complete processing of crypto transaction data in a crypto tax tool. If the data processing is not properly or fully completed, the Service Provider cannot prepare the Proof of Source of Funds.
If the Client does not have data processing completed in a crypto tax tool or if the existing data processing is unsuitable, deficient, or incomplete, the Service Provider will perform the data processing (as described in Section 1.1.), provided that the Client supplies all necessary information.
If the Client already considers their data processing in a crypto tax tool to be complete and accurate, the Service Provider will nevertheless conduct a data review (as described in Section 1.2.). If the data review (QTR, as described in Section 1.2.) reveals that the data processing is incomplete or deficient, the Service Provider will perform data processing in the crypto tax tool (as described in Section 1.1.), provided that the Client supplies all necessary information.
2.2. Fees
The services provided are billed on an hourly basis. The applicable hourly rate is EUR 220.00 plus VAT, resulting in a total price of EUR 264.00 per hour. The minimum billable unit is 15 minutes. The amount is due immediately upon receipt of the invoice.
If the use of the crypto tax tool incurs additional costs for the Service Provider, the Service Provider is entitled to invoice these costs to the Client.
The scope of services does not include the tax assessment of the data or tax advisory services related to cryptocurrencies and crypto assets.
For adjustments to the agreed hourly rates, reference is made to Section 4.4. of the General Terms and Conditions (AAB) for Crypto Assets.
3. Online Consultation for Crypto Tax Tools and Proof of Source of Funds
3.1. Scope of Services
The Service Provider offers confidential online consultations (30/60 minutes) via the website questr.io on the topics of crypto tax tools and Proof of Source of Funds. Under no circumstances does such an online consultation include tax advisory services related to cryptocurrencies. Tax advisory services related to cryptocurrencies must be booked separately via the website crypto-tax.at.
3.2. Fees
The fee for a 30-minute online consultation is EUR 110.00 plus 20% VAT (total price: EUR 132.00). The fee for a 60-minute online consultation is EUR 220.00 plus 20% VAT (total price: EUR 264.00). For adjustments to the agreed hourly rates, reference is made to Section 4.4. of the General Terms and Conditions (AAB) for Crypto Assets.
4. Miscellaneous
The Service Provider is entitled to engage suitable subcontractors for the performance of the services specified in Sections 1 to 3.
The execution of the engagement is subject to the General Terms of Engagement for Crypto Assets – Consumers.