2013 New York Consolidated Laws
GBS - General Business
Article 24-C - (371 - 373) TAX PREPARERS
371 - Definitions.

 
    § 371. Definitions. For the purposes of this article:
    (a) "Facilitator" means a person who individually or in conjunction or
  cooperation   with  another  person:  (i)  solicits  the  execution  of,
  processes, receives, or accepts an application or agreement for a refund
  anticipation loan or refund anticipation check; (ii) serves or  collects
  upon  a  refund anticipation loan or refund anticipation check; or (iii)
  in any other manner that facilitates the making of a refund anticipation
  loan or refund anticipation check. This term excludes any employees of a
  facilitator who  provide  only  clerical  or  other  comparable  support
  services to such facilitator.
    (b)   "Tax  preparer"  or  "preparer"  means  a  person,  partnership,
  corporation or other business entity, that in exchange for consideration
  advises or assists or offers to advise or assist in the  preparation  of
  income tax returns for another.
    (c)  "Refund  anticipation check" means a check, stored value card, or
  other payment mechanism: (i) representing the proceeds of a tax  refund;
  (ii)  which  was issued by a depository institution or other person that
  received a direct deposit of the tax refund or tax  credits;  and  (iii)
  for  which  a  fee or other consideration has been paid for such payment
  mechanism.
    (d) "Refund anticipation loan" means a loan that is secured by or that
  the creditor arranges to be  repaid  directly  or  indirectly  from  the
  proceeds  of  an income tax refund or tax credits. A refund anticipation
  loan also includes any sale, assignment, or purchase of tax refund at  a
  discount  or  for  a  fee,  whether  or not the amount is required to be
  repaid to the buyer or assignee if the internal revenue service  or  the
  department denies or reduces the amount of the tax refund.
    (e) "Department" means the department of taxation and finance.