TITLE 48

MONOPOLIES AND TRADE PRACTICES

CHAPTER 6

CONSUMER PROTECTION ACT

48-603B.  Unfair tax return preparation practices. (1) As used in this section, unless the context otherwise requires:

(a)  "Tax preparer" means a person who, for a fee, engages in the business of assisting with, or preparing, federal, state, or local government income tax returns.

(b)  "Fee" means any moneys or valuable consideration paid or promised to be paid for services rendered or to be rendered by any person or persons functioning as or conducting the business of a tax preparer.

(2)  The following acts or omissions related to the conduct of the business of the tax preparer, which are done by the tax preparer or any employee, partner, officer, or member of the tax preparer are unlawful:

(a)  Making or authorizing in any manner or by any means whatever any statement written or oral which is untrue or misleading.

(b)  Causing or allowing a consumer to sign any document in blank relating to a tax return thereof.

(c)  Failing or refusing to give to a consumer a copy of any document requiring his signature, as soon as the consumer signs such document.

(d)  Failing to maintain a copy of any tax return prepared for a consumer for the applicable statute of limitation period on federal tax returns and state tax returns.

(e)  Making false promises of a character likely to influence, persuade, or induce a consumer to authorize the tax preparation service.

(3)  (a)  It is unlawful for any person, including an individual, firm, corporation, association, partnership, joint venture, or any employee or agent therefor, to use or disclose any information obtained in the business of preparing federal or state income tax returns or assisting taxpayers in preparing such returns unless such use or disclosure is within any of the following:

(i)   Consented to in writing by the taxpayer in a separate document.

(ii)  Expressly authorized by state or federal law.

(iii) Necessary to the preparation of the return.

(iv)  Pursuant to court order.

(b)  For the purposes of this section, a person is engaged in the business of preparing federal or state income tax returns or assisting taxpayers in preparing such returns if he does either of the following:

(i)   Advertises, or gives publicity to the effect that he prepares or assists others in the preparation of state or federal income tax returns.

(ii)  Prepares or assists others in the preparation of state or federal income tax returns for compensation.

(4)  (a)  It is unlawful for any person, including any individual, association, partnership, joint venture, or any employee or agent therefor, to fail to sign any state income tax return, or to fail to include his name, address, and social security number or preparer identification number issued under 26 U.S.C. 6109 on any state income tax return, which he prepares for another for compensation, or which he assists another in the preparation of for compensation.

(b)  It is unlawful for any corporation to fail to include its name and address on any state income tax return which it prepares for another for compensation, or which it assists another in the preparation of for compensation.

(5)  A person who renders mere mechanical assistance in the preparation of a return, declaration, statement, or other document is not considered, for the purposes of this section, as preparing the return, declaration, statement or other document.

History:

[48-603B, added 1973, ch. 285, sec. 4, p. 601; am. 1993, ch. 102, sec. 2, p. 257; am. 2000, ch. 26, sec. 2, p. 46.]