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2. YOUR RIGHTS TO USE THE SERVICES
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6. CONTENT AND USE OF THE SERVICES
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To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Intuit Inc., in care of our registered agent Corporation Service Company, 2711 Centerville Road, Wilmington, DE 19808. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules, but if you are unable to pay any of them, Intuit will pay them for you. In addition, Intuit will reimburse all such fees and costs for claims totaling less than $75,000 unless the arbitrator determines the claims are frivolous. Likewise, Intuit will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 14 shall survive expiration, termination or rescission of this Agreement.
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B. ADDITIONAL TERMS AND CONDITIONS FOR THE TURBOTAX ONLINE TAX PREPARATION SERVICES
Your use of the Services provided by Intuit are subject to the General Terms of Service above including these Additional Terms and Conditions which govern your use of the Services indicated below. These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General Terms of Service above.
1.1. Number of Returns. You may use the Services solely to prepare valid federal and/or state tax return(s) for which you have paid the applicable fee(s), and after proper registration and any applicable payment, to file electronically and/or print such federal and/or state tax return.
1.2. Number of Returns. You may use the Services to prepare and file federal and/or state returns. After proper registration and payment is made, you may file such returns electronically or by printing and mailing them to the IRS and/or appropriate state agency. No more than five (5) federal and/or state tax returns may be filed from the Services or from any one email address entered within the Services.
1.3. Additional Examples of Restrictions on Use. You may not use the services to prepare tax returns, schedules or worksheets on a professional or commercial basis (i.e., for a preparer's or other fee).
2.1. State Services. The term “Services” includes any state version of TurboTax Online software made available through this website, which may be subject to additional fees as described on the website.
2.2. Electronic Filing Services.
2.3 Pricing. Prices are ultimately determined at time of print or e-file and are subject to change without notice. You should confirm that the pricing for your use of the Services has not changed, particularly if some time has passed between the date you start your tax return and the date you finish and are ready to file or print and pay for it. The price for your use of the Service is established at the time you pay for it. Your price will not change once you pay for your Service.
2.4 Import Services. The Services includes a feature that allows you to import, where applicable, certain information from participating financial institutions (including those offering a TurboTax for Online Banking interface), payroll processors, personal financial software, business financial software such as QuickBooks and charitable deduction information from ItsDeductible branded service. You are responsible for verifying the accuracy of the information that is imported.
The Services also include functionality designed to read data from images (for example, W-2s, other tax forms, or credit cards used for payment) photographed using a mobile device. This functionality is limited to those forms or items that the Services can read. If the form or other item you photograph and submit through the Services is not supported, you may need to manually enter your data.
You may be offered the ability to import data from other sources in addition to those above. You may provide us with your authorization and information to allow us to obtain your data from third parties on your behalf to use the Services or any third party service that you select. You represent that you have the necessary rights to grant us access to your accounts with third parties. Third parties are not affiliated with or endorsed or sponsored by us.
2.5 TurboTax Live. The TurboTax Online Services may include optional add-on assistance with your tax return through Intuit’s “TurboTax Live.” Fees may apply. With this add-on service, Intuit will provide you with a designated Tax Expert (i.e., Certified Public Accountant or Enrolled Agent) who will review your U.S. Federal and/or State tax returns and answer questions you may have about your tax return. Some tax topics or situations may not be included as part of this Service, which shall be determined in the Tax Expert’s sole discretion. The tax assistance provided to you by the Tax Expert will be based on information you provide. You understand and agree that if you provide incorrect or incomplete information, the advice provided to you may not be accurate.
You are responsible for the overall accuracy of the data in your final tax return.
If the assistance with your tax return requires significant oversight and actual preparation, the Tax Expert, in their sole discretion, may be obligated to sign your return as the preparer and will then have primary responsibility for the preparation of your return. You are still responsible for reviewing your return before it is filed to verify its overall completeness and accuracy. You also understand and agree that once you delegate preparation of your tax return to the Tax Expert, you will no longer be able to make changes to your tax return within the TurboTax Online Services. You will be required to provide your Tax Expert with access to all necessary supporting tax documentation (W-2, 1099, etc.) as may be requested by the Tax Expert. If your Tax Expert provides you with the option to mail or email your supporting documentation, you are responsible for maintaining copies of all such documentation. You agree that the Tax Expert is not responsible for any items lost or destroyed during mailing. Additionally, you should maintain a copy of your final tax return and all supporting documentation, as Intuit has no obligation to retain such copies.
TurboTax Live does not include any legal or investment advice, tax, estate or investment planning, or other areas of advice.
2.6 Amended Returns. You can file an amended tax return for the applicable tax year through the Services, up to October 15 of applicable tax filing season or as otherwise permitted by the IRS and supported by Intuit. If you need to file an amended tax return for either of two prior tax years, you will be provided a link to a downloadable version of TurboTax and your tax information will be transferred via your tax data file, at no additional cost. Your amended return will need to be completed in the downloadable version of TurboTax and not TurboTax Online. You agree to this process for amended tax returns and the downloadable TurboTax End User License Agreement where applicable.
3. HELP AND SUPPORT
Intuit may use a variety of methods (e.g., in-product, widgets, Internet, remote access, online community, chat, e-mail, video, and phone) to provide technical support and customer service in connection with the Services. The terms and conditions governing the offering of this support, which may require the payment of an additional fee, are subject to change as announced by Intuit from time to time. If you choose to allow an Intuit agent to have remote access to your computer via the Internet to provide help, you should close other browsers or applications or follow other instructions to enable such access. Consult the TurboTax Online Help and Support web site for the most up-to-date information relating to this support and any associated charges. The Services are not accessible after October 15 of each applicable tax year and shall not be supported beyond that date.
(a) TurboTax Accurate Calculation Guarantee. Intuit works to ensure the accuracy of the calculations on every form prepared using the TurboTax Online tax preparation Services.
(i) If you are a registered user and you pay an IRS or state penalty and/or interest solely because of a calculation error on a form prepared for you using TurboTax Online, and not as a result of, among other things, your failure to enter all required information accurately, willful or fraudulent omission or inclusion of information on your tax return, misclassification of information on the tax return, or failure to file an amended return to avoid or reduce an applicable penalty/interest after Intuit announced updates or corrections to the TurboTax Online software in time for you to file an amended return, then Intuit will pay you in the amount of the IRS or state penalty and/or interest paid by you to the IRS or state. In this regard, you are responsible for keeping Intuit apprised promptly of any change in your email address, mailing address and/or phone number so that you can be notified of such updates or corrections. The Accurate Calculations Guarantee does not apply to tax forms completed in which the data is entered directly by you, rather than through the use of the in-product TurboTax interview guidance. You are responsible for paying any additional tax liability you may owe and providing any other information Intuit reasonably requests to validate your claim. A "registered user" is a user from whom Intuit has received the information necessary to permit such person to print or electronically file a tax return prepared using the TurboTax Online Services and who complies with the terms and conditions of this Agreement.
(ii) If you believe such a calculation error occurred, you must notify Intuit 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 https://support.turbotax.intuit.com/redirect/accurate-calculation-guarantee or send by mail at Intuit Inc. TurboTax Accuracy Guarantee, 2800 E Commerce Center Place, Tucson, AZ 85706, Tucson AZ 85726-8867. Intuit will then contact you promptly to resolve the issue. To validate the claim, Intuit may require your TurboTax tax data file (particularly if you did not electronically file), a copy of the IRS/state notice, and any other documents to support the income or deduction.
(b) Maximum Refund (or Tax Savings) Guarantee or Your Money Back.
(i) If you are a registered user of TurboTax and you receive a larger refund amount or pay a smaller tax due amount using another tax preparation method other than TurboTax, then Intuit will refund to you the applicable purchase price paid by you for the federal and/or state TurboTax product you purchased. TurboTax Federal Free Edition customers are entitled to payment of $14.95. Claims must be submitted within sixty (60) days of the date you filed your tax return using TurboTax, but no later than December 15 of the applicable tax filing season. All other fees are excluded including, electronic filing fees, Audit Defense, Refund Processing Service and technical support fees. This guarantee cannot be combined with the Satisfaction Guarantee below.
(ii) To qualify, the larger refund or smaller tax due cannot be attributed to variations in data you provided for tax preparation or for positions taken by you or your preparer that are contrary to the law. If you received a larger refund amount or pay a smaller tax due using another tax preparation method other than TurboTax, you must notify Intuit within sixty days of the date you filed your tax return by submitting a claim with the following documents (1) Maximum Refund Guarantee Claim Request Summary, (2) copy of your TurboTax store sales receipt or shipment packing slip, (3) copy of your proof of payment for another tax preparation method (if applicable), (4) copy of your TurboTax data file, (5) copy of the printed return from the other tax preparation method, and (6) letter stating your refund or tax due amount using TurboTax and your refund or tax due amount using another tax preparation method. For the most current information available, go to https://ttlc.intuit.com/questions/1908546-maximum-refund-or-tax-savings-guarantee-or-your-money-back or send by mail to Intuit Inc., Returns Department, PO Box 580926, Pleasant Prairie, WI 53158. Please use a traceable mailing method and maintain copies of submitted items for your records. Claims of non-payment will require photocopy substantiation of all required items. Please allow up to 6 weeks for processing and delivery. If after 8 weeks you have not received your check, contact us at the TurboTax support website.
(c) Satisfaction Guaranteed (or Guaranteed Easy).
You may use the TurboTax Online software without charge up to the point you decide to print or electronically file your tax return. Printing or electronically filing your return reflects your satisfaction with software, at which time you will be required to pay or register for the Services.
(d) Audit Support Guarantee.
If you received an audit letter based on your TurboTax return and are not satisfied with how we responded to your inquiry, we'll refund the applicable TurboTax federal 1040 and/or state purchase price you paid.
If you are a registered user of TurboTax and you receive an audit letter from the IRS or State Department of Revenue relating to your current year TurboTax return, then Intuit will provide free year round audit guidance (what to expect and how to prepare) from a tax professional available year round, to help answer your audit questions until December 31 three years following the applicable tax filing season. Audit Support Guarantee is applicable to Federal and State audit letters and/or notices. We will not be your representative or provide legal advice. If you are not satisfied with how we responded to your inquiry, then you are entitled to a refund of the applicable purchase price paid by you for the federal and/or state TurboTax services you purchased for the applicable tax year. Claims must be submitted within sixty (60) days of the date you received your audit guidance, but no later than June 15,three years following the applicable tax filing season. All other fees are excluded including, electronic filing fees, Audit Defense, Refund Processing Service and technical support fees. This Guarantee cannot be combined with any other Guarantee. Excludes TurboTax Business (forms 1065, 1120, 1120S, and 1041).
To qualify, you must successfully e-file, print and mail your individual federal or state income tax return (with paid or qualifying free federal return) using TurboTax. Claims must be submitted to Intuit within sixty (60) days of the date you received your audit guidance by submitting a claim with the following documents (1) Audit Support Guarantee Claim Request Summary, (2) copy of your TurboTax proof of payment, and (3) IRS or State audit letter. Send it to Intuit Inc., Returns Department, PO Box 580926, Pleasant Prairie, WI 53158. For the most current information available, go to https://ttlc.intuit.com/questions/1901504-what-is-the-turbotax-audit-support-guarantee. Please use a traceable mailing method and maintain copies of submitted items for your records. Claims of non-payment will require photocopy substantiation of all required items. Please allow up to 6 weeks for processing and delivery. If after 8 weeks you have not received your check, contact us. To validate your claim, and as a precondition of refund payment, Intuit may require your TurboTax data file for the applicable tax year and/or other supporting information such as copies of your printed tax returns.
(e) TurboTax 100% Accurate, Expert Approved Guarantee. The following guarantee shall apply only to the TurboTax Live Services and only if the Tax Expert signed your return as the preparer.
(i) If you are a registered user of TurboTax Live and you pay an IRS or state penalty and/or interest solely because of an error on a form signed by the Tax Expert, and not as a result of, among other things, your failure to provide all required 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 Intuit will pay you the amount of the IRS or state penalty and/or interest paid by you to the IRS or state. If applicable, in Intuit’s reasonable sole discretion, we may also provide you with an amended tax return with no additional fee. You are responsible for keeping Intuit 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 the TurboTax Live fees, any tax liability you still may owe, and providing any other information Intuit reasonably requests to validate your claim. A "registered user" is a user from whom Intuit has received the information necessary to provide the TurboTax Live Services and who complies with the terms and conditions of this Agreement.
(ii) If you believe such an error occurred, you must notify Intuit 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 http://turbotax.intuit.com/support/go/GEN84762, or send by mail at Intuit Inc. TurboTax 100% Accurate, Expert Approved Guarantee, 2800 E Commerce Center Place, Tucson, AZ 85706, Tucson AZ 85726-8867. Intuit will then contact you promptly to resolve the issue. To validate the claim, Intuit may require a copy of the IRS/state notice, and any other documents in support of the information on your tax return.
5. THIRD PARTY SERVICES
To facilitate Third Party Services, Intuit may be required to obtain your explicit consent for disclosure and/or use of your information. By accepting these Third Party Services agreements and consents you authorize Intuit to use and disclose your information, including name and address, to the third party, for the purpose of making the Third Party Services you choose available to you. For some Third Party Services, we may submit an application on your behalf using your information to assist you in obtaining a benefit provided by a third party. You acknowledge that Intuit does not determine if you receive the benefit, and that you are solely responsible for meeting the third party’s requirements and complying with applicable laws and regulations. You may need to provide us with your account number, password, security questions and answers, and other necessary login information (“Login Details”). You hereby represent that you have the authority to provide the Login Details to Intuit and you expressly appoint Intuit as your, or the third party who owns the Login Details’, agent with limited power of attorney to access any Third Party Services on your behalf. You must provide true and accurate information. Third party’s terms and conditions are generally found on the third party’s website. However, the applicable terms and conditions for TRI's audit defense memberships are accessible on the TurboTax website. Your participation in Third Party Services indicates your acceptance of such terms and conditions for such Third Party Services. If you sign up for a Third Party Service that requires access to your information on an ongoing basis and you subsequently want us to stop making your information available to such third party, you should discontinue use of the Third Party Services. If you sign up for the Refund Processing Service which may enable you to deduct certain fees and any applicable tax from the proceeds of your tax refund, you authorize Intuit (and its third party processor) to debit these amounts (excluding the Refund Processing Service Fee) from the bank account you identify as your Direct Deposit Bank Account in the event that you do not receive a tax refund that is sufficient to pay for them or in the event that your tax refund is delayed. Note that the Refund Processing Service fee is payable to the bank whether or not your refund is large enough to cover your TurboTax fees. You should evaluate all Third Party Services based on your own assessment and review of their terms and conditions.
6. User ID and Password Security
You are the only person authorized to use your user ID and password and for maintaining the confidentiality of your user ID and password. You shall not permit or allow other persons to have access to or use your user ID and password. You are responsible for the use of the Services under your user ID. If you have not electronically filed or printed your tax return, you must create a user ID and password in order for you to access your tax return data at a later date. You must remember your user ID and password to electronically transfer your tax return information into next year's tax return. If you do not complete your return prior to October 15 your tax return information will be deleted from our system.
7. Privacy of Personal and Tax Return Information
At Intuit we place the highest importance on respecting and protecting the privacy of our customers. Our most important asset is our relationship with you. We want you to feel comfortable and confident when using our products and services and with entrusting your personal and tax return information to us. Our full TurboTax Privacy Statement can be found on the TurboTax website. To contact us with a question, visit our website or write to us at: Privacy Team, TurboTax, 2800 East Commerce Center Place, Tucson, AZ 85706.
You are responsible for protecting the information on your computer such as by installing anti-virus software, updating your software, password protecting your files, and not permitting third party physical or electronic access to your computer or tax files.
You may provide us with your telephone number as part of your customer record or registration or via other method. You understand and agree that the Services may require multiple sources of information about you to confirm your identity and help ensure the security of your personal use of TurboTax, often referred to as “multi-factor authentication” (“MFA”). Part of the MFA identity authentication and verification process may involve Intuit sending text message(s) containing security code(s) to your telephone number. You agree to receive these text message(s) from Intuit containing security code(s) as part of the MFA process. In addition, you agree that Intuit may send automated text messages and pre-recorded voice messages to the telephone number you provide for certain limited purposes, including: verifying your identity, providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services.
With MFA, you also agree and consent to us obtaining and using information from your mobile phone service provider, solely for the purposes of verifying your identity and to compare information you have provided to Intuit (such information may include from your mobile phone service provider account record: your name, address, email, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other mobile phone subscriber details). You also agree that your acceptance of a Third Party Refund Processing Service Agreement will authorize the sharing of the bank account information you provide to the provider and your authorization to debit your bank account for fees, charges, and any applicable taxes owed to Intuit if your tax refund is not sufficient in amount to pay for those fees, charges, and taxes (if any).
8. USE WITH YOUR MOBILE DEVICE.
8.1 Mobile access to the Services requires an authorized app and may not be available for all mobile devices or telecommunication providers. You will need to check the Services website to ensure your mobile device and telecommunications provider is compatible with TurboTax Online. Intuit is not obligated to provide a compatible version of the Services for all mobile devices or telecommunication providers, which are subject to change by Intuit at any time with reasonable notice to you.
8.2 Apple Requirements. If you downloaded the Services from the Apple iTunes App Store, the following terms also apply to you:
A. Acknowledgement: You acknowledge that this Agreement is between you and Intuit only, and not with Apple, and Intuit, not Apple, is solely responsible for the Services and the content thereof.
B. Scope of License: The license granted to you for the Services is a limited, non-transferable license to use the Services on an iPhone OS Product that you own or control and as permitted by the Usage Rules set forth in the Apple iTunes App Store Terms of Service.
C. Maintenance and Support: Intuit and not Apple is solely responsible for providing any maintenance and support services with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
D. Warranty: Intuit is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Intuit’s sole responsibility.
E. Product Claims: Intuit, not Apple, is responsible for addressing any user or third party claims relating to the Services or the user’s possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
F. Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights, Intuit, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
G. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
H. Developer Contact Info: Direct any questions, complaints or claims to: Intuit Inc, 2632 Marine Way, Mountain View, CA 94043.
I. Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using the Services, e.g., if you are using a VoIP application, then you must not be in violation of their wireless data service agreement when using the Services.
J. Third Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.
9. LIMITATION OF LIABILITY AND DAMAGES.
YOU UNDERSTAND THAT INTUIT WILL NOT AUDIT OR OTHERWISE VERIFY ANY INFORMATION YOU PROVIDE, AND IS NOT RESPONSIBLE FOR DISALLOWED DEDUCTIONS, OR THE INCLUSION OF ADDITIONAL UNREPORTED INCOME OR RESULTING TAXES, PENALTIES OR INTEREST.
EXCEPT FOR THE REIMBURSEMENT FOR CALCULATION ERRORS DESCRIBED IN SECTION 4 OF THESE SUPPLEMENTAL TERMS, THE ENTIRE CUMULATIVE LIABILITY OF INTUIT AND ITS SUPPLIERS FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED AS SET FORTH IN SECTION 9 OF THE GENERAL TERMS.
INTUIT SHALL NOT BE LIABLE FOR LOSS OF PROFITS OR INVESTMENT, TAX POSITIONS TAKEN BY YOU, INABILITY TO FILE YOUR RETURN, DELAY IN PREPARING YOUR TAX RETURN, INCORRECT OR INCOMPLETE INFORMATION PROVIDED TO INTUIT, ANY ACCESS TO, OR USE OF, YOUR PASSWORD AND USER ID BY AN UNAUTHORIZED PERSON.
Intuit shall not be liable for any default or delay in the performance of its obligations under this Agreement to the extent its performance is delayed or prevented due to causes beyond its reasonable control, such as acts of God, natural disasters, terrorist acts, war or other hostilities, labor disputes, civil disturbances, the actions or omissions of third parties, electrical or communication system failures, or governmental action.
THE FINANCIAL INSTITUTIONS THROUGH WHICH YOU ACCESS TURBOTAX FOR ONLINE BANKING SHALL NOT HAVE LIABILITY RESULTING FROM YOUR USE OF THE SERVICES.
10. MISCELLANEOUS MATTERS.
You agree that Intuit is not acting as your agent or fiduciary in connection with your use of the Software or any Services.
You can contact Intuit Inc. by mail at TurboTax, Intuit Inc., 2800 E Commerce Center Place, Tucson, AZ 85706 or by calling 888-777-3066 if you have a question or concern about any product or service we sell over the Internet. The address and telephone number of the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs is: 400 R Street, Suite 1080, Sacramento, CA 95814-6200, 800-952-5210.
10.1 Additional Third Party Software Licensing Terms.
The Services and corresponding mobile app may contain third party software components which are governed by and subject to commercial terms and licenses as provided below. You must comply with any such commercial terms and licenses with regard to these separate third party software components. Intuit makes no warranty concerning these third party software components.
10.1.1. Some versions of TurboTax Online may contain Xerces-C, Copyright © 1999-2009 The Apache Software Foundation. Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
11. ADDITIONAL TERMS AND CONDITIONS FOR THE TURBOTAX EXEMPTION CHECK SERVICE
These Additional Terms and Conditions for the Exemption Check Service shall prevail over any conflict or inconsistency with the General Terms of Service above or any applicable TurboTax Terms of Service.
SERVICE DESCRIPTION. Under the ACA, most individuals must have health insurance coverage or pay a tax penalty (also know as an "individual shared responsibility payment"). If you did not have qualifying health care coverage or insurance (or "minimal essential coverage"), you can use the Exemption Check Service to determine whether you preliminarily qualify for an exemption ("ACA Exemption") from the ACA tax penalty. Please note that the US Department of Health and Human Services, Center for Medicare and Medicaid Services ("CMS") solely determines whether or not you qualify for an ACA Exemption. Intuit is not responsible for any CMS determination that results in an increased tax liability for you.
1. COMPLETING AND FILING A CMS "HARDSHIP EXEMPTION" APPLICATION. Under the ACA, you can claim certain ACA Exemptions directly on your tax return. However, other categories of exemptions, known as "Hardship Exemptions," require that you submit a Hardship Exemption Application to CMS. You may use this Service to prepare the CMS Hardship Exemption application, however to qualify and be approved, you will need to print and submit the CMS Hardship Exemption Application directly to CMS. All CMS Hardship Exemption Applications prepared using this Service must be submitted or mailed by you to: Health Insurance Marketplace – Exemption Processing; 465 Industrial Blvd.; London, KY 40741. You are solely responsible for ensuring that your CMS Hardship Exemption is properly mailed and submitted to CMS for their review and approval. This Service DOES NOT file, mail, or otherwise submit your CMS Hardship Application for you to CMS. If your CMS Hardship Exemption Application has been approved, you will be notified by CMS. If you have not been contacted by CMS regarding the status of your Hardship Exemption Application and whether your application has been approved by CMS, please contact CMS directly at 1-800-318-2596. For more information on hardship exemptions, see https://www.healthcare.gov/fees-exemptions/hardship-exemptions/.
2. TURBOTAX ACCURATE CALCULATION GUARANTEE AND ACA. Intuit diligently works to ensure the accuracy of every form prepared using the Services. Please note that in order for the TurboTax Accurate Calculation Guarantee or any other TurboTax guarantee to apply to your use of the Exemption Check Service, you must: (1) be a registered user of TurboTax; (2) enter all required information accurately (willful or fraudulent omission or inclusion of information on your tax return and the CMS Exemption Application will void any maximum refund, calculation accuracy or other guarantees); (3) mail or otherwise submit your CMS Hardship Exemption Application to CMS; (4) provide any and all supporting documentation required by CMS in support of your Hardship Exemption Application; and (5) be able to substantiate your eligibility for the ACA Hardship Exemption to CMS’s satisfaction. Your failure to mail or submit appropriate documentation or the initial Hardship Exemption Application to CMS will void any guarantees. A "registered user" is a user who either registers his/her TurboTax license purchase with Intuit, or has purchased a license to use TurboTax directly from Intuit.