For purposes of the Albuquerque Tax Preparer Ordinance, the following terms shall have the stated meaning, unless the context clearly requires a different meaning:
CONSUMER. A natural person who, singly or jointly with another consumer, obtains tax preparation services in the city and files a federal or state personal income tax return.
PERSON. A natural person, corporation, trust, partnership, association, cooperative association, club, company, firm, joint venture or syndicate.
REFUND. A federal or state personal income tax refund.
REFUND ANTICIPATION CHECK OR REFUND TRANSFER. An agreement through which:
(1) a temporary limited or special purpose bank account is set up at a financial institution for the purpose of receiving the consumer's individual tax refund(s);
(2) charges and fees related to the tax services, including tax preparation and related fees, are deducted from the temporary bank account after receipt of the consumer's tax refund(s); and
(3) the remaining portion of the refund Is disbursed to the consumer by check, prepaid card, debit card, or other payment mechanism.
REFUND ANTICIPATION LOAN. A loan that is arranged, offered or issued with the preparation of a consumer's tax return, and for which the creditor and consumer enter an agreement for the loan to be repaid by the consumer's federal or state personal income tax refund(s) or tax credits.
REFUND SETTLEMENT PRODUCT. Any refund anticipation check, refund transfer, or refund anticipation loan.
RETURN. A federal or state personal income tax return of a consumer.
TAX PREPARATION SERVICE. Preparation, advice, or assistance in the preparation of, or assumption of final responsibility for another person's preparation of a consumer's individual federal or state personal income tax return for compensation or valuable consideration in the City of Albuquerque.
TAX PREPARER. A person in the City of Albuquerque who prepares for compensation, or who employs one or more persons to prepare for compensation, all or a substantial portion of a consumer's personal income tax return, or who holds themselves out as providing personal income tax preparation services. A tax preparer shall not include:
(1) A licensed attorney-at-law, in good standing in this state or any other state, who provides tax preparation services and any employee of such attorney-at-law;
(2) A certified public accountant who provides tax preparation services and any employees of such certified public accountant;
(3) An employee or volunteer of a Volunteer Income Tax Assistance program, Tax Counseling for the Elderly program, or Low Income Taxpayer Clinic as described in 26 U.S.C. § 7526;
(4) An officer or employee of a federal, state, or local governmental agency who provides tax preparation services In the scope of their employment;
(5) A duly appointed administrator, conservator, guardian, personal representative, trustee, or receiver who provides tax preparation services in the normal course of their prescribed duties;
(6) An individual enrolled to practice before the internal revenue service pursuant to 31 C.F.R. Subtitle A, Part 10 ("Circular 230"); or
(7) An individual providing only typing, reproduction, or other mechanical assistance In the preparation of a return.
WRITTEN. Information legibly presented in paper or electronic form.