WE DEMAND INTEGRITY AND HIGH QUALITY FROM OUR PREPARERS AND SO SHOULD YOU. A) Capital Finance 1040 undertakes to reimburse you, after you pay the IRS, for the amount of the penalty and interest paid by you that you would otherwise not have been required to pay, up to a maximum of ten thousand dollars ($10,000), due to either of the following three situations in connection with your use of the Tax Program, but only if you meet all of the conditions described in Section 6(B) below:
The penalties and/or interest are assessed against you by the IRS for a 2015 tax year return due solely to an arithmetic error made by the CFS Tax Program, and not to an incorrect entry of data or any other reason; or
The penalties and/or interest are assessed against you by the IRS for a 2015 tax year return due solely to incorrect advice provided to you by CFS on CTFS designated message board in connection with the CFS Tax Program or CTFS Online Office Program and your reliance on that advice results in your payment of a penalty and/or interest to the IRS. (This excludes any communication with you by telephone or otherwise in connection with these services.)
The penalties and/or interest are assessed against you by the IRS for a 2015 tax year return due solely to an error made by CTFS in the preparation of your tax return that results in your payment of a penalty and/or interest to the IRS when you paid CTFS to prepare and sign your tax return.
CTFS will reimburse you for penalties and/or interest paid by you in the above situations to state tax authorities only for those individual states for which you have paid CTFS for use of the state portion of the CFS Tax Program and used such CFS Tax Program to file the state tax returns. Under no circumstances will CTFS/CFS pay additional taxes due, unless you accept and pay an additional fee for the Protection Plus+ which is only available when you obtain certain Supplemental Services, and then only in accordance with the Protection Plus+ terms and conditions.
(B) CTFS will only pay the penalties and interest described above in Section 6(A) above, if all of the following conditions are met:
The penalty or interest must not be due to an incorrect entry of data by you or any third party (including through any automated tax data import feature). The penalty or interest must not be due to your failure to follow instructions in the CFS Tax Program, your failure to correct and resolve errors identified by the CFS Tax Program, a claim for an improper or unsupportable deduction, a failure to report income, your failure to provide all necessary information to CTFS, or any other reason outside the control of CTFS.
You notified CTFS at Attn: Capital Tax Service LLC, Capital Tax & Financial Services, P.O. Box 957869, Duluth, GA 30095 within 30 days after you learned of the mistake or received a notice from any tax authority regarding your tax return. In addition, you sent CTFS complete documentation of the penalty and interest including all correspondence to and from each tax authority, a copy of your tax returns as filed with each tax authority, proof that you paid the penalty and/or interest, and any other relevant information CTFS reasonably requests.
You took any action reasonably requested by CTFS, including filing an amended tax return if necessary, to limit any further penalties and interest from accruing.
The penalty and interest was for a return filed before April 15, 2015, or if the filing date is properly extended, before August 15, 2015. However, if you filed your return late, CTFS will not pay interest from April 15, 2015 to the date you actually file your return.
The penalty or interest pertains only to your individual tax return and not a business return.
You have complied with all terms and conditions of this Agreement, including the license restrictions and you have not intentionally provided any false information in connection with your account registration or tax return.
You paid the applicable fee, if any, to CTFS for license of the CFS Tax Program(s) and any applicable CTFS Supplemental Services at the time of the initial filing or printing of your tax return.
The penalty/interest must not be based upon incorrect advice from CTFS that you knew was incorrect at the time you filed your return.
In no event will CTFS reimburse you for more than an aggregate of ten thousand dollars ($10,000) in interest and penalties owed to the IRS and any state revenue authorities based upon all tax returns you filed for the 2012 tax year, regardless of whether the tax returns are federal or state returns.
THIS SECTION 6 STATES CAPTAX’S ENTIRE OBLIGATION AND LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ANY ERRORS IN YOUR RETURN CAUSED BY THE CFS TAX PROGRAM(s) OR BY CTFS.