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February 2003
Consumer Bill of Rights Regarding Tax
Preparers
The tax
preparer is required by law to give each customer a free, current and
legible copy of this document before any discussions about tax preparation
services. If
you are hiring a tax preparer, you have a right to know:
- The individual
tax preparer’s qualifications. A notice of a tax preparer’s
qualifications must be posted in the office, and a preparer must maintain
records showing the qualifications are real, including whether the preparer
is an accountant or an attorney.
- How fees
are calculated, including minimum charges and any additional charges.
You must be given a receipt that states the charges for each tax return.
The receipt must list the address and phone number where the tax preparer
may be contacted during the year.
- Whether
or not the tax preparer will represent the taxpayer at a government
audit. Failure to make this disclosure shall mean that the tax preparer
agrees to represent the taxpayer or to provide representation.
Information
about Refund Anticipation Loans (RALs)
- A Refund
Anticipation Loan is not a tax refund, but is in fact a high-interest
loan against an anticipated tax refund.
- Any advertisement
for an RAL must state conspicuously that the lender will charge a fee
or interest, and it must identify the lender.
- Consumers
and other taxpayers eligible for Earned Income Tax Credit (EITC) refunds
should ask tax preparers about electronic and other filing options to
speed up payment of refunds and avoid using RALs.
You also
are entitled to:
- Receive
all personal papers upon request, when the original tax return is given
to the taxpayer for filing (unless the tax preparer is specifically
permitted to retain such papers under state law).
- Receive
a copy of every tax return prepared, at the time the original is given
to the taxpayer for filing.
- Have
the tax preparer sign every tax return.
A tax
preparer cannot:
- Ask a
taxpayer to sign a blank or incomplete tax return.
- Misrepresent
his or her qualifications.
- Reveal
any information appearing on, or related to, a tax return to any person
or business other than the taxpayer, or his or her authorized designee.
- Induce
or attempt to induce a taxpayer to violate any governmental law, rule
or regulation.
- Use the
word “accountant” in any advertisement unless at least one
certified public accountant or public accountant is present at each
tax preparation location during all business hours, and controls all
tax returns prepared at the location.
- Use any
term describing a specialty or expertise in an advertisement, unless
the tax preparer’s relevant education or experience also is disclosed
in the advertisement.
- Alter
a tax return after it has been signed by the taxpayer, without the taxpayer’s
written consent.
- Charge
a fee based upon the amount of tax owed or refund due.
- Guarantee
a tax refund, or guarantee that the taxpayer will not be audited by
any government tax agency.
- Request
a taxpayer to assign to the preparer any portion of the refund due.
- Use the
tax preparer’s addresses on a tax return as the place to which
a refund should be mailed, unless the taxpayer has signed a power of
attorney containing such authorization.
- Claim
to give taxpayers an “instant tax refund” that is actually
an interest-bearing loan unless that fact is disclosed to the taxpayer
in accordance with federal and state law.
This information
is provided by the New York City Department of Consumer Affairs. If you
have a complaint about a tax preparer, write to the department at 42 Broadway,
New York, NY 10004, or call the hotline at (212) 487-4444. |