As used in this chapter, unless the context indicates otherwise:
"Assisted direct deposit" means a mechanism or agreement through which a consumer's individual income tax refund is deposited in a bank account other than the consumer's bank account, and then the remaining portion of the refund, minus fees, is deposited in the consumer's own bank account.
"Consumer" means a person for whom an individual income tax return is being prepared by a tax preparer; or (ii) who, in contemplation of retaining the tax preparer for tax preparation services, seeks advice or assistance from a tax preparer for tax preparation services.
"Refund anticipation check" means a check or other payment mechanism representing the proceeds of the consumer's individual income tax refund which was issued by a depository institution or other person that received a direct deposit of the consumer's individual income tax refund and for which the consumer must pay a fee or other consideration.
"Refund anticipation loan" means any loan a consumer may receive against his anticipated individual income tax refund.
"Refund settlement product" means assisted direct deposit, a refund anticipation check, a refund anticipation loan, or other similar mechanism, agreement, or transaction that allows a consumer to receive an advancement of money against an anticipated individual income tax refund from a person other than state or federal government, or allows another person to collect fees from the proceeds of the consumer's individual income tax refund.
"Tax preparation services" means advice or assistance in the preparation of individual income tax returns.
"Tax preparer" means a person who, for a fee, provides or who holds himself out as providing tax preparation services. A "tax preparer" shall not include:
1. an attorney-at-law, and the employees of an attorney-at-law, who is a tax preparer;
2. a certified public accountant, and the employees of a certified public accountant, who is a tax preparer;
3. an officer or employee of a federal, state, or local governmental agency who provides tax preparation services in the scope of his employment; or
4. an administrator, conservator, guardian, executor, trustee, receiver or other representative appointed by the court who provides tax preparation services in the scope of that appointment.
"Writing" means information legibly recorded in either paper or electronic form.
(Added Coun. J. 3-14-12, p. 22586, § 1; Amend Coun. J. 12-9-15, p. 15481, § 4)