(A) Prior to entering into any obligation to pay for individual tax preparation services, a tax preparer or the tax preparer's representative must provide the consumer with the following information:
(1) Tax Preparer Disclosure. A written disclosure with the title "Tax Preparer Disclosure" for the individual tax preparer or agent who will be responsible for preparing the return consisting of the following:
(a) The tax preparer's name, address, telephone number and Preparer Tax Identification Number (PTIN) from the Internal Revenue Service (IRS);
(b) A statement, If applicable, that the tax preparer Is not a certified public accountant, tax attorney or enrolled agent with the IRS;
(c) A description of the tax preparer's education or training related to tax preparation;
(d) The tax preparer's New Mexico Business Tax Identification Number (BTIN).
(2) Fee Schedule Disclosure. A separate written disclosure of fees entitled "Fee Disclosure" that contains the following:
(a) How fees for the tax preparation services are calculated, such as charges by form, a base fee for specified forms plus charges for additional forms, charges by the hour, or other applicable fee schedule; and
(b) A list of, description of, and the fee for each individual tax preparation service offered by the tax preparer for preparing and filing federal and state tax returns for consumers, including the fees, costs, or charges related to all refund settlement products offered by the tax preparer.
(c) A statement of how fees for tax preparation services are calculated, including all miscellaneous fees and costs that may be incurred by the consumer in relation to the tax preparation and fees, costs or charges related to all refund settlement products offered by the tax preparer or a current price list containing such information.
(B) Prior to the consumer being obligated to pay, the tax preparer shall provide to the consumer in writing all amounts that would be charged to the consumer for the individual tax preparation services provided and any refund settlement products selected by the consumer, including any fees and costs for such refund settlement products.
(C) The city may prescribe model forms consistent with this Article to facilitate tax preparer compliance with these disclosure requirements. A tax preparer shall be deemed in compliance with the disclosure requirements of § 13-20-1-5 if a tax preparer uses such model form. Nothing in this Article shall be construed as requiring tax preparers to use any such model form.
(D) The written disclosures required to be provided in this section shall be made available in English and Spanish. If the consumer does not understand English or Spanish, the tax preparer must allow the consumer an opportunity to secure the services of a translator at the consumer's own expense prior to continuing with the tax preparation services.