N.Y. General Business Law § 371 : General Business — Tax Preparers — Definitions

19 Apr 2016

Current through 2016 New York Laws, Chapters 1 to 237

For the purposes of this article:

(a) "Facilitator" means a person who individually or in conjunction or cooperation with another person:
(i) solicits the execution of, processes, receives, or accepts an application or agreement for a refund anticipation loan or refund anticipation check; (ii) serves or collects upon a refund anticipation loan or refund anticipation check; or (iii) in any other manner that facilitates the making of a refund anticipation loan or refund anticipation check. This term excludes any employees of a facilitator who provide only clerical or other comparable support services to such facilitator.
(b) "Tax preparer" or "preparer" means a person, partnership, corporation or other business entity, that in exchange for consideration advises or assists or offers to advise or assist in the preparation of income tax returns for another.
(c) "Refund anticipation check" means a check, stored value card, or other payment mechanism:
(i) representing the proceeds of a tax refund; (ii) which was issued by a depository institution or other person that received a direct deposit of the tax refund or tax credits; and (iii) for which a fee or other consideration has been paid for such payment mechanism.
(d) "Refund anticipation loan" means a loan that is secured by or that the creditor arranges to be repaid directly or indirectly from the proceeds of an income tax refund or tax credits. A refund anticipation loan also includes any sale, assignment, or purchase of tax refund at a discount or for a fee, whether or not the amount is required to be repaid to the buyer or assignee if the internal revenue service or the department denies or reduces the amount of the tax refund.
(e) "Department" means the department of taxation and finance.
N.Y. Gen. Bus. Law § 371