TaxAct Xpert Full Service Tax Return Preparation Terms and Conditions

Last Updated: January 3rd, 2022

TaxAct's Xpert Full Service Tax Return Preparation Service (also referred to as “TaxAct Do-It-For-Me”) is subject to and governed by the following Terms and Conditions (the “Terms and Conditions”). By making use of the Service, you agree to be bound by the following Terms and Conditions between you and TaxAct, Inc. (“TaxAct”). As used in these Terms and Conditions, references to “TaxAct” includes TaxAct, Inc. as well as its employees, agents, corporate affiliates, representatives and service providers involved in delivering the Service. Further, “we,” “us,” and “our” mean TaxAct and references to and “you”, “your”, “customer”, or “user” mean you, the user of the Service.

How the Service Works

TaxAct’s Xpert Full Service Tax Return Preparation Service (the “Service”) is available for the tax year 2021 if you meet certain eligibility requirements. Once you choose to utilize the Service, you will be asked to answer some questions to determine your eligibility for the Service. You will then schedule an intake appointment with a TaxAct tax personnel, who may be a certified public accountant, an IRS credentialed enrolled agent, an attorney, or another tax specialist (each, a “Tax Expert,”). You may request the relevant credential of the Tax Expert providing your Services via email once they have contacted you. Should you schedule such an appointment, meet certain eligibility requirements, and provide necessary documentation in the requisite amount of time, then, a Tax Expert(s) will prepare and file your Federal income and, if applicable, state income tax return(s), subject to these Terms and Conditions.

Terms and Conditions of the Service

  1. Scope of Services

    1. The offering is limited to the preparation of 2021federal and, if applicable, state income tax return(s)for individual taxpayers of their own returns who have not yet filed such a return and are eighteen (18) years or older. The Service is not available for or intended to be utilized by tax preparers (i.e. providers of tax return preparation products or services and their employees).Certain tax topics, forms, and/or situations do not, or may not, qualify for the Service offering, and TaxAct may in its sole discretion at any time determine that you are ineligible for the Service as a result.

    2. The Service offering will include preparation and electronic filing of a Federal and, if applicable, state income tax return(s)(each individually and/or collectively, as applicable, referred to herein as the “Return”) by a Tax Expert. More than one Tax Expert may work on your return, including with the process of collecting and reviewing your documents, scheduling any contact with you, and/or reviewing your return for accuracy. Such Tax Experts may also be assisted by other TaxAct personnel.

    3. The Service does not include any other services such as: preparation of any municipal, local, or school district tax returns; preparation of any prior-year returns; preparation of any Federal income tax returns requiring attachment of Form 8938 (Statement of Specified Foreign Assets); preparation of any other foreign account reporting, including without limitation, FinCEN Form 114 (FBAR); preparation of any other types of tax returns that may be due to any taxing authority such as property, estate, business, foreign, local or sales tax returns; representation before any taxing authority in any proceeding; any legal or investment advice; any tax, estate or investment planning, or other areas of advice; or, TaxAct's do-it-yourself Tax Return Preparation offerings, Xpert Assist, Business, or other service offerings.

    4. The Return will be prepared from information that you will furnish to us. TaxAct will not audit or otherwise verify the data submitted, and is not responsible for undertaking such audit or verification of the data.  The Service does not include procedures designed to discover errors, fraud, defalcations or other irregularities, should any exist, in current or prior year documents. TaxAct may however, ask you for clarification of such information where necessary.

    5. The Tax Expert will exercise its professional judgment where the Internal Revenue Code, the treasury regulations promulgated thereunder, and Internal Revenue Service guidance, and if applicable, any state statute, regulations, and guidance, are unclear. To be clear, the Tax Expert is not engaging in tax planning, though he or she may discuss such concepts generally during the Service to gather more information.

    6. An electronic copy of your filed Return and confirmation of its electronic filing will be delivered to you via a method satisfying IRS requirements and designated by TaxAct, such by placing the electronic document in a secure, online repository to which you have access, providing a secure link to the electronic document, transmitting an encrypted document electronically to a destination you designate, or such other method as chosen by TaxAct at its sole discretion. Please note that access, delivery transmission and receipt of such documentation may involve third party service providers and may be subject to the terms and conditions and privacy policies they make applicable to you. Additional copies will be available upon request for at least 3 years. TaxAct has no obligation to store your tax documents other than to the extent required by applicable law and regulation. You acknowledge that such tax documents retained by TaxAct may not by themselves satisfy documentation requirements for items claimed on your return and agree to hold TaxAct harmless from any liability, including but not limited to, additional tax, penalties, interest, and professional fees resulting from the disallowance of tax deductions, tax credits, or exclusions from income due to inadequate documentation.

    7. Offer details are subject to change at any time without notice, and TaxAct reserves the right to refuse to prepare a tax return for any reason in its sole discretion.

  2. Bill of Rights If you reside in Chicago, you can find the Chicago Bill of Rights Regarding Tax Preparation Services here. If you reside in New York state, you can find the New York Consumer Bill of Rights Regarding Tax Preparers here. If you reside in New York City, you can find the New York City Consumer Bill of Rights Regarding Tax Preparers here. By accepting agreeing to this Agreement, you acknowledge receipt of the linked documents.

  3. Customer Responsibilities

    1. You are responsible for the accuracy, completeness, and supporting documentation for the information on your Return. It is your responsibility to provide all the information required for preparation of a complete and accurate Return.

      1. A Tax Expert may furnish you with questionnaires or worksheet to complete and return.  These serve as a guide to assist you in identifying gathering the necessary information and using these helps keep pertinent information from being overlooked.

      2. That said, any Tax Expert working on your return is not responsible for correcting any misinformation provided by you or accounting for any information not reported by you on the Return.

      3. You represent that all information you provide is true and accurate, and that you have the right to share the information with TaxAct.

      4. You are responsible for retaining your various tax and substantiation documents in your records, as well as keeping the documents you gather to provide to us and the documents you received from us confidential; we are not responsible for the disclosure or loss of confidential information under your control.

      5. You are responsible for informing TaxAct of all foreign assets and may not be eligible for the Service based on your control over, ownership of, or interest in such foreign assets.

    2. You have the final responsibility for the Return. Therefore, you should review it carefully before you sign and file it.  You are responsible for maintaining adequate documentation to substantiate the accuracy and completeness of your Return.

    3. You are responsible for timely paying your taxes.  An extension to file does not include an extension to pay. If you provide any of your information within less than 10 days of the tax filing deadline, we may require you to agree to the filing of an extension of time to file your Return or be unable to provide the Service pursuant to paragraph 4(b) of these Terms and Condition.

    4. A Tax Expert may provide suggestions or guidance, or recommend tax savings strategies, however it is up to you to decide whether to follow such suggestions, and it is your sole decision and responsibility whether to act on any recommended actions. Where applicable, we may recommend estimated quarterly tax payment amounts based on your current year tax return and information you provide about future income. You are responsible for deciding whether and how to make such payments and for adjusting such payments if your financial situation changes.

    5. To approve your Return, you, and if filing with a “married filing jointly” filing status, your spouse, will electronically sign a completed Form 8879, IRS e-file Signature Authorization and any additional applicable authorization forms, including but not limited to state e-file authorization forms, required to allow TaxAct to electronically file your Return. These forms may use a third party e-signature provider, which you agree to use. You agree that with your electronic signature on these forms you represent that you and any joint filer have received a copy of, reviewed, and approved the final Return as complete and accurate.

    6. You agree that for any Return with “married filing jointly” filing status, both spouses are deemed to be customers of TaxAct and subject to the Terms and Conditions. Both individuals acknowledge that there is no expectation of privacy between the spouses by TaxAct concerning the Service, in connection with this Agreement. We shall be at liberty to share with either of you, without prior consent of the other, partial or completed returns, tax documents, and other information concerning the preparation of the Return.

    7. Your Return may be selected for review by the taxing authorities. Generally, any proposed adjustments by the examining agent are subject to certain rights of appeal. In the event of such government tax examination, you are responsible for handling all required responses and preserving your rights to appeal.

    8. Penalties may be imposed under law where taxpayers understate their tax liability or lack supporting documentation. Interest may apply to penalties and unpaid tax. You are responsible for any such penalties, unpaid tax, and/or interest arising with respect to the Return.

    9. You are solely responsible for determining any other tax filing obligations you may have with any taxing authorities (e.g., property, estate, business, local or sales tax returns).  You are responsible for preparing and filing any state income tax returns.

    10. You are responsible for having access to and the charges associated with a phone, computer, phone and internet service, and any other required software or technology platform to obtain the Service. You are required to use certain software or third party products or services, including but not limited to a document sharing tool or method.

  4. End and/or Termination of Services

    1. Your engagement with TaxAct will conclude with either your e-filed Return being sent and accepted by the applicable tax authority or delivery of electronic copies of completed returns to you (if you are paper filing by mail). If we cannot electronically transmit a Return, you agree to manually print and sign the Return and mail the Return directly to the Internal Revenue Service or other applicable tax authority in a timely manner. You will be responsible for postage and mailing of the Return.

    2. If any of the following circumstances occur, TaxAct will not be responsible for completion or conclusion of the Service and the Service will be terminated immediately: it is determined that you do not meet the eligibility criteria for this Service; you do not have access to or do not agree to use required technology, software or third party products or services we utilize in the delivery of the Service; you do not file, or agree to have us file on your behalf, an extension of time to file your Return upon our request; or you fail to provide requested information or documentation, do not respond to the Tax Expert’s requests in a timely manner, demonstrate unprofessional, inappropriate, or unlawful behavior toward a Tax Expert or other TaxAct personnel, or otherwise fail to cooperate in the preparation of your Return as determined in TaxAct’s sole, reasonable discretion.

  5. The Service is available for a limited period of time and may be cancelled at any time.  Service levels and availability will vary based on demand and capacity and are subject to change without notice.

  6. The Service offered to and accepted by you is nontransferable, and may only be utilized by you, the customer receiving the invitation.

  7. The possible price levels for the Service (e.g., Standard, Deluxe, Premier, Self Employed) are determined at time of selecting the Service. Your price for the Service is ultimately determined based on information provided regarding your tax situation. To the extent additional information later changes TaxAct’s understanding of your tax situation, your price may change accordingly. All prices are subject to change without notice.

  8. TaxAct 100% Expert Accuracy Guarantee The following guarantee shall apply only to the Service.

    1. If you are a registered user of the Service and you pay a federal or state penalty and/or interest solely because of an error the Tax Expert made while preparing your return, or on a form signed by the Tax Expert, and not as a result of, among other things, your failure to provide all relevant information accurately, willful or fraudulent omission or inclusion of information for your tax return, misrepresentation of your tax information, or failure to file your tax return on time or to take other action requested by the Tax Expert, then TaxAct will pay you the amount of the federal or state penalty and/or interest paid by you to the federal or state government. For the purpose of clarity, “errors” of the Tax Expert shall not include reasonable reporting positions taken by the Tax Expert, even if the federal, state, or local taxing authority later questions such position. If applicable, at TaxAct’s reasonable sole discretion, we may also provide you with an amended tax return with no additional fee. You are responsible for keeping TaxAct apprised promptly of any change in your email address, mailing address and/or phone number so that you can be notified of updates or corrections. You are also responsible for paying any tax liability you still may owe, and providing any other information TaxAct reasonably requests to validate your claim. Unless TaxAct expressly states otherwise in writing, you also remain responsible for paying the Service fees. A "registered user" is a user from whom TaxAct has received the information necessary to provide the Service and who complies with these Terms and Conditions.

    2. If you believe such an error occurred, you must notify TaxAct as soon as you learn of the mistake (and in no event later than 30 days after the penalty or interest is assessed and within the applicable federal and/or state tax filing statute of limitation). For the most current information go to guarantee@taxact.com, or send by mail to TaxAct, Inc., Customer Support; ATTN: TaxAct Guarantee; 1425 60th Street NE, Cedar Rapids, IA 52402. TaxAct will then contact you promptly to resolve the issue. To validate the claim, TaxAct may require a copy of the federal/state notice, and any other documents that support the information on your tax return.

    3. The above-described guarantee shall be the only guarantee applicable to the Service; any other guarantee offered by TaxAct with respect to other products or services offered by TaxAct shall not be applicable to the Service.

  9. Disclaimer of Warranties.  EXCEPT AS EXPRESSLY PROVIDED HEREIN TO THE CONTRARY, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TAXACT AND ITS PARENT, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, TAX EXPERTS, CONTRACTORS, CONSULTANTS, AGENTS, ASSIGNS, LICENSORS, DISTRIBUTORS, ADVERTISERS, WEB-LINK PROVIDERS, DEALERS OR SUPPLIERS (COLLECTIVELY, THE "PARTICIPATING PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICE WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICE, WHICHEVER IS SOONER.

  10. Limitation of Liability.  EXCEPT AS PROVIDED FOR IN THESE TERMS AND CONDITIONS AND THE TAXACT TERMS OF SERVICE AND LICENSE AGREEMENT, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF TAXACT AND THE PARTICIPATING PARTIES FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR OUR SERVICES AND CONTENT (AS DEFINED IN THE TAXACT TERMS OF SERVICE AND LICENSE AGREEMENT) OR IN ANY EVENT NOT MORE THAN ONE HUNDRED DOLLARS ($100.00). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TAXACT NOR THE PARTICIPATING PARTIES WILL BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), AND (ii) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET SYSTEMS REQUIREMENTS. WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF TAXACT OR THE PARTICIPATING PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT DO WE ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN YOU ARISING OUT OF YOUR USE OF THE SERVICE.

  11. Privacy.  The Service is subject to applicable state and federal law and TaxAct’s privacy policy, which is available at https://www.taxact.com/privacy-policy.

  12. Dispute Resolution; Binding Arbitration. Please read the following paragraph carefully because it requires you to arbitrate certain disputes and claims with TaxAct and limits the manner in which you can seek relief from us. Except for small claims disputes in which you or TaxAct seek to bring an individual action in small claims court located in the county of the defendant’s billing address or disputes in which you or TaxAct seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and TaxAct waive your rights to a jury trial and to have any dispute arising out of or related to these Terms and Condition or the Service resolved in court. Instead, all disputes arising out of or relating to these Terms and Conditions or the Service will be resolved through confidential binding arbitration held in Dallas County, Texas in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason. You and TaxAct agree that any dispute arising out of or related to these Terms or the Service is personal to you and TaxAct and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and TaxAct agree that these Terms and Conditions affect interstate commerce and that the enforceability of this paragraph will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and Conditions and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms and Conditions. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and TaxAct agree that for any arbitration you initiate, you will pay the filing fee and TaxAct will pay the remaining JAMS fees and costs. For any arbitration initiated by TaxAct, TaxAct will pay all JAMS fees and costs. You and TaxAct agree that the state or federal courts of the State of Texas and the United States sitting in Dallas County, Texas have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR OUR SERVICES OR CONTENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND TAXACT WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this paragraph by sending an email to arbitration@taxact.com. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the paragraph 14 of these Terms and Conditions (Miscellaneous).  

  13. General Incorporation of Terms and Arbitration.  In addition to the forgoing, our provisioning of the Service is subject to TaxAct's Terms of Service and License Agreement, which is located at https://www.taxact.com/legal-notice and hereby incorporated by reference as if fully stated herein. These Terms and Conditions, along with TaxAct's Terms of Service and License Agreement, are a complete statement of the agreement between TaxAct and you, and set forth the entire liability of TaxAct, its parent, subsidiaries, and affiliates, including without limitation the Tax Experts, and your exclusive remedy with respect to the Service. In the event of any conflict between these Terms and Conditions and the Terms of Service and License Agreement, these Terms and Conditions shall prevail.

  14. Miscellaneous.  TaxAct personnel, including without limitation any Tax Experts, answering questions in conjunction with the Service are not authorized to make modifications to these Terms and Conditions, or to make any additional representations, commitments, or warranties binding on us. We reserve the right to change these Terms and Conditions from time to time without prior notice, and the changes will be effective when posted on our website for the Service or when we notify you by other means. Texas state law governs these Terms and Conditions without regard to its conflicts of laws provisions. ANY DISPUTE BETWEEN THE PARTIES THAT IS NOT SUBJECT TO ARBITRATION OR CANNOT BE HEARD IN SMALL CLAIMS COURT WILL BE RESOLVED IN THE STATE OR FEDERAL COURTS OF TEXAS AND THE UNITED STATES, RESPECTIVELY, SITTING IN DALLAS COUNTY, TEXAS. If any provision of the Terms and Conditions is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.