Laws of New York (Last Updated: November 21, 2014) |
ADC New York City Administrative Code(NEW) |
Title 20. CONSUMER AFFAIRS |
Chapter 5. UNFAIR TRADE PRACTICES |
Subchapter 8. INCOME TAX PREPARERS |
Section 20-740.1. Consumer bill of rights regarding tax preparers
Latest version.
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a. No later than the fifteenth of October of each year, the department shall produce and publish in the city record a one page informational flier regarding consumers' rights and laws concerning tax preparers to be called a "consumer bill of rights regarding tax preparers". The flier shall be in a form which is easily reproducible by photocopy machine and shall contain information including, but not limited to, the following: 1. Postings required by local, state and federal laws, such as price posting, posting of qualifications, and any licenses and permits required for the operation of the business; and 2. Explanations of some of the commonly offered services and industry jargon, such as preparation of short and long federal forms, refund, electronic filing, express mail, direct deposit, refund anticipation loan, "quick," "instant," "rapid," "fast," fee, and interest; and 3. Basic information on what a tax preparer is and is not required to do for a consumer, such as the preparer's responsibility to sign a return, that a tax preparer may not be required to accompany a consumer to an audit but the company may have a voluntary policy to accompany consumers to audits; and 4. The telephone numbers of the department for information and complaints; and 5. A statement that the consumer has the right to receive the following information from the tax preparer prior to becoming obligated to compensate such tax preparer for services rendered in connection with filing such consumer's income tax return with the appropriate governmental agencies: (a) A written list of the refund and tax preparation services offered by the tax preparer; (b) A written estimate of the total costs to the consumer for each refund and tax preparation service offered by the tax preparer. Such an estimate shall include basic filing fees, interest rates, refund anticipation loan processing fees, and any other related fees or charges; (c) A written interest rate estimation for a refund anticipation loan or any other loan services offered by the tax preparer; and (d) For each refund and tax preparation service offered by the tax preparer, a written estimate of the period of time the consumer can reasonably expect to wait for his or her tax refund. b. The department shall publicize the availability of the flier. The department shall provide a copy of the consumer bill of rights regarding tax preparers to any requesting individuals or businesses within fourteen days of such a request and shall, no later than November 1 of each year, send the consumer bill of rights regarding tax preparers to each tax preparer who has been found to be in violation of this subchapter or any other provision of this chapter within the previous calendar year. In addition, each tax preparer subject to this subchapter shall obtain a current consumer bill of rights regarding tax preparers from the department and shall reproduce it so that it is clear and legible. As of January 1 of each year, each such tax preparer shall give to each consumer, free of charge, a current, legible copy of the consumer bill of rights regarding tax preparers prior to any discussion with the consumer. Each such tax preparer shall also verbally direct the consumer to review the consumer bill of rights regarding tax preparers and shall answer any questions the consumer may have about its contents.