Tax Refund Protection Act of 2017

Tax Refund Protection Act of 2017

This bill amends the Internal Revenue Code to direct the Department of the Treasury to establish a program to license or certify and regulate tax return preparers. The program must require tax return preparers to: (1) demonstrate good character, good reputation, necessary qualifications, and competency; (2) pay a reasonable fee for licensing or certification; and (3) make certain disclosures regarding fees charged and the average amount of time expected to receive a tax refund.

Treasury may take enforcement actions against a tax return preparer who is incompetent, disreputable, violates regulations, or misleads or threatens a consumer.

The bill also amends the Consumer Financial Protection Act of 2010 to require the Consumer Financial Protection Bureau (CFPB) to regulate refund anticipation payment arrangements. A refund anticipation payment arrangement is an arrangement under which, in exchange for tax preparation services, a taxpayer agrees to pay a fee or interest upon receipt of a tax refund to a preparer or lender either by: (1) requesting the federal government to deposit a tax refund, or a portion of the refund, into an account; or (2) directly paying the preparer or lender.

The CFPB shall require tax return preparers offering a refund anticipation payment arrangement to provide a disclosure statement to a consumer about the arrangement and shall promulgate regulations that require preparers to comply with the disclosure requirements of the Truth in Lending Act.

Finally, the bill allows an income tax refund requested on a tax return prepared by an income tax preparer to be split between the preparer and the taxpayer and prohibits the treatment of such a split as disreputable conduct merely because the taxpayer requested such split.