Tax Preparer Confidentiality Agreement Template for South Africa

The Tax Preparer Confidentiality Agreement is essential for professional tax practitioners operating in South Africa who handle sensitive financial and personal information while providing tax preparation services. This document becomes necessary when a tax preparer begins an engagement with a new client, whether individual or corporate, and requires access to confidential tax information. It ensures compliance with South African legislation, including the Tax Administration Act, POPIA, and FICA requirements, while establishing clear protocols for handling confidential information. The agreement is particularly important given the sensitive nature of tax documentation and the legal obligations of tax practitioners registered with SARS.

1. Parties: Identification of the tax preparer and the client, including their full legal names, registration numbers, and physical addresses

2. Background: Context of the agreement, explaining the tax preparation services to be provided and the need for confidentiality

3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Tax Information', 'Services', 'SARS', and other relevant terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of tax preparation services

5. Confidentiality Obligations: Core obligations of the tax preparer regarding the protection and non-disclosure of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and SARS submissions

7. Security Measures: Specific measures required to protect confidential information, including physical and digital security requirements

8. Duration and Survival: Period of confidentiality obligations and survival of obligations after agreement termination

9. Return or Destruction of Information: Requirements for handling confidential information after service completion

10. Breach and Remedies: Consequences of breaching confidentiality obligations and available remedies

11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement