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Last Updated January 2, 2025
TAXACT® XPERT ASSIST® TERMS
TaxAct's Xpert Assist and Xpert Assist Premium services (collectively, the “Service”) is subject to and governed by the following terms (these “Terms”). By making use of the Service, you agree to be bound by the following Terms between you and TaxAct, Inc. ("TaxAct"). As used in these Terms, references to "we," "us," and "our" mean TaxAct as well as its employees, agents, affiliates, representatives, and service providers involved in delivering the Service, and references to and “you”, “your” or “user” mean you, the user of the Service.
In addition to these Terms, the Service is subject to TaxAct’s Terms of Service, which are hereby incorporated by reference as if fully stated herein. AS A RESULT, THIS SERVICE IS SUBJECT TO THE ARBITRATION PROVISION FOUND IN SAID TERMS. These Terms, along with TaxAct’s Terms of Service, 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. As it relates to the Service, in the event of any conflict between these Terms and the TaxAct Terms of Service, these Terms shall prevail.
Table of Contents
Xpert Assist - Unlimited Access
Xpert Assist Premium - Xpert Review
General Terms and Conditions of the Service
How the Service Works
TaxAct offers a suite of Service-level offerings, as further described herein. The Service is available to purchase any time prior to filing your tax return(s). The Service can be purchased at an additional cost or at no additional cost, depending on current offers and promotions. The option to purchase the Service may be presented to you through certain TaxAct online products (collectively, the “Tax Product(s)”) as a supplemental service while utilizing such Tax Product. Once you choose to add the Service, you will have the ability, depending on which Service level you choose, in the applicable TaxAct Product to initiate an interaction either via chat or phone with TaxAct tax personnel, who may be a certified public accountant, an IRS credentialed enrolled agent, or a tax attorney (a “Tax Expert”) during applicable hours of operation. Should you initiate such an interaction, depending on which Service level you choose, you will have the opportunity to ask the Tax Expert questions about your return and/or review a section of your return with the Tax Expert, upload source documents for review by the Tax Expert, and/or have the Tax Expert sign and file your return, subject to these Terms. The TaxAct Products that may be eligible for use with the Service are subject to change. The price of the Service is determined at the time of your filing with the Tax Product, unless otherwise provided to you or determined under a valid offer or promotion.
Service-Level Offerings
1. Xpert Assist Includes the following Service-level offerings:
a. Xpress Connect
b. Unlimited Access
c. Xpert Assist Special Terms and Conditions
i. As part of the Xpert Assist Service, a Tax Expert may provide a quick review of your tax return with you upon your request prior to you signing and filing the return. This review is limited to the duration of the interaction, depending on the Xpert Assist Service-level offering; is in the nature of a general overview; does not extend to any of the source documents utilized in completing the return; and is not intended to be comprehensive. You will remain the preparer of the return, with the Tax Expert being available to answer select, specific questions you may have during such review.
ii. You understand that you are responsible for the preparation of, accuracy of data entered, and positions taken on your return. You understand and agree that the Tax Expert will not review any of your source documents (e.g., W-2, 1099), will not answer any questions or conduct any reviews that may require the Tax Expert to review source documents or sign your return, will not review your full tax return, and will not sign your tax return.
2. Xpert Assist Premium includes the following Service-level offerings:
a. Xpert Review
b. Xpert Assist Premium Special Terms and Conditions:
i. To perform the Xpert Assist Premium service, TaxAct may request additional documentation from you, including your prior year’s return, and for business customers, your profit and loss sheet and balance sheet. The Drake Portals platform will be used to upload and transmit your documentation to TaxAct. See Drake Portals Service Agreement for more details. You are responsible for providing all necessary source documents to TaxAct in a timely manner. The Tax Expert will not review your return and source documents until all applicable forms are completed by you.
ii. More than one Tax Expert may work on your return, including, the process of collecting and reviewing your documents, scheduling any contact with you, reviewing your return for accuracy, and signing and filing your return. Such Tax Experts may also be assisted by other TaxAct personnel.
iii. Xpert Assist Premium does not include any other services such as: preparation of other tax returns not expressly included as part of the Service; preparation of certain 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.
iv. 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 other TaxAct services (see Section 2.b.ii above) and/or third-party service providers and may be subject to the terms and conditions and privacy notices they make applicable to you. Additional copies of your tax documents 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.
General Terms and Conditions of the Service
The Service is available subject to the availability of our team of Tax Experts. The Service may be cancelled at any time. Service availability will vary based on demand and capacity and is subject to change without notice.
The Service is available in association with the utilization of the applicable Tax Product by persons who are eighteen (18) years or older. Internet access is required to use this Service. The Service is not available for or intended to be used by tax preparers (i.e., providers of tax return preparation products or services and their employees). TaxAct reserves the right to restrict offers for the Service at its sole discretion to manage Service demand and availability.
The Service may only be used in connection with TaxAct products and services and not with any other party’s products or services
You understand that as part of the Service, a Tax Expert will answer your questions related to certain U.S. federal and state tax laws and procedures. Non-U.S. tax questions are outside the scope of the Service.
Certain tax topics, forms, and/or situations are not, or may not be, included as part of the Service, and TaxAct may in its sole discretion at any time determine that it cannot provide the Service with respect to any such topic.
The Service is available for use in your preparation of your tax return with respect to the current tax year Tax Product only and does not include assistance or advice in responding to IRS notices and/or audits or providing representation before the IRS. If you receive a notice from the IRS after December 31 of the tax filing year, a Tax Expert will still be available to assist you with your tax return under these Terms but will not assist or provide advice in responding to the IRS notice and/or audits or provide representation before the IRS.
Whether to answer questions on other tax related topics or review sections of your return is in the sole discretion of the Tax Expert. The Service does not include any legal or investment advice or tax, estate, or investment planning. General account, software, and online product support may be offered to you as part of your use of the applicable Tax Product but is not included as part of the Service. To ensure a good experience and appropriate levels of coverage for everyone using the Service, the Tax Expert may terminate the communication at their sole discretion (i) if the prescribed time limit for the relevant Service expires, as applicable; (ii) if the questions or review requested exceed the scope of the Service; or (iii) if it is otherwise determined that you are misusing the Service.
Pursuant to Internal Revenue Service guidance, be advised that any federal tax assistance given to you, including anything that may be provided to you in writing, is not intended to be used, and it cannot be used, by any person or entity for the purpose of unlawfully avoiding taxes and penalties that may be imposed under the Internal Revenue Code.
The tax assistance provided to you by the Tax Expert will be based on information you provide to the Tax Expert. You understand and agree that the Tax Expert will not independently audit or otherwise verify the information submitted; that the Tax Expert is not responsible for undertaking such audit or verification of the information though they may ask you for clarification of such information where necessary; and that if you provide incorrect or incomplete information, the responses provided to your questions or review of a section of your return may not be accurate.
In answering your questions and/or reviewing a section of your return, the Tax Expert will exercise the Tax Expert’s 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. You understand and agree, however, that the final reporting position selected and reported on your return is within your sole discretion and responsibility.
The Service is available for a limited period of time and may be cancelled at any time. You will have access to the Service through December 31 of the applicable tax year in which you purchased the Service for the Tax Product. Service levels and availability will vary based on demand and capacity and are subject to change without notice.
Any offer to receive the Service is nontransferable, and may only be utilized by you, the customer in association with utilizing the Tax Product to prepare your return.
The Service is provided at an additional charge or, if applicable, free of charge based on applicable offers or promotions, and you agree the Service may not be returned, refunded, or resold. All prices are subject to change without notice. Your price for the Service is ultimately determined at the time of your filing with the Tax Product, unless otherwise provided to you or determined under a valid offer or promotion. Purchase of the Service applies to a specific return. If you have multiple returns and would like to access the Service, you will need to separately purchase the Service for each return.
TaxAct 100% Expert Accuracy Guarantee. 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 sole discretion, we may also provide you with an amended tax return for 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, within a timely manner but no more than 60 days after we request such information. See https://www.taxact.com/company/guarantees for more details and how to submit a 100% Expert Accuracy Guarantee claim. The above-described guarantee is 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.
All guarantees or warranties given or made by us with respect to the Service (1) are for the benefit of the original user of the Service only and are not transferable, and (2) shall be null and void if the user breaches any of these Terms.
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, THAT 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 SERVICES, WHICHEVER IS SOONER.
Limitation of Liability. EXCEPT AS PROVIDED FOR IN THESE TERMS AND THE TAXACT TERMS OF SERVICE, 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) OR IN ANY EVENT NOT MORE THAN ONE HUNDRED DOLLARS ($100). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TAXACT NOR THE PARTICIPATING PARTIES WILL BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, 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.
Privacy. The Service is subject to applicable state and federal law and TaxAct’s Privacy Notice.
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, or to make any additional representations, commitments, or warranties binding on us. We reserve the right to change these Terms 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 without regard to its conflicts of laws provisions. If any provision of these Terms 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.