Loading...

Audit Protection Terms & Conditions

Audit Protection is a service warranty program that provides you with unlimited professional support in the event your tax return is subjected to an IRS or State audit. If your return is audited, Audit Protection Services will provide you with a qualified person, not an attorney, to represent you before the tax authority should such entity question the accuracy of your return.

This service is provided by Audit Protection Services, Inc. and is available for purchase via our website at www.yourauditprotection.com. It can also be purchased at a participating Tax Professional when your return is beingcompleted, but no later than December 31 of the calendar year the return is due. Audit Protection is a separate service provided independently from your tax professional’s preparation services.

The Audit Protection is effective once it is signed and paid for by you and cannot be transferred by you to others. Subject to the exceptions noted below in Section IV, the Audit Protection provides you with the following benefits with respect to the individual federal, state or local returns prepared and paid for on the date of this agreement:

CLAIM PROCEDURES

(a)    Contact Audit Protection Services immediately upon the first notice from the taxing authority to file a claim. You may file a claim by calling our office at 866-273-8550 or via our website at www.yourauditprotection.com be prepared to present your tax authority notice and any related documents to Audit Protection Services Audit Department. Once your claim is acknowledged Audit Protection Services will assign an audit assistant to your case. The claim will be reviewed and processed. If the claim is approved by the Audit Department, you will be contacted via telephone or mail with the documents you need to provide. If the claim is denied by our Audit Department then you may dispute the denial by writing an appeals letter to PO Box 60602, Fort Worth, TX 76115 in the Attention of the Audit Protection Claims Department. Your appeals will usually be reviewed within 15 – 30 days. You will receive the final determination in writing.
(b)   Notify Audit Protection Services of any government notice regarding such taxes within 60 days from the date of such notice or the Audit Protection is null and void.
ALL REQUIRED DOCUMENTATION MUST BE submitted before the 60 days have expired or client will be charged FULL PRICE for an audit. *The 60 Days starts to calculate from the date the IRS sends their first notice*
(c)    Promptly provide Audit Protection Services with copies of such notices and other documents relating to or substantiating such additional taxes.
(d)   Provide Audit Protection Services with reasonable notice of and allow Audit Protection Services to attend and audit with you or as your representative with Power of Attorney.
(e)    Allow Audit Protection Services at its sole discretion and expense, to challenge the determination that additional taxes and penalties and interest are owed.
(f)    Provide Audit Protection Services with your receipt as proof of your purchase of the Audit Protection.
(g)    Provide Audit Protection Services with the $175.00 deductible payment before we began processing your claim.
(h)   If the situation is warranted, Audit Protection Services may charge additional service fees that will be disclosed in a separate engagement agreement.
(i)     It usually takes 30-45 days to receive an initial response for a claim determination. Please note that it often takes up to 6-8 months depending on the complexity of the case, tax authority workloads, or longer depending on if you submitted all supporting documentation that the claims department requested from you during your examination consultation
(j)     Once we have submitted your case to the taxing authority and if the claim is approved by the IRS or State then you will be notified for reduced balanced due, no balance due, or refund due. If the claim is not approved by the taxing authority, you will receive a letter explaining the reason for the denial.
(k)   Failure to comply with claim procedures of Audit Protection Services may result in an unfavorable outcome. Failure or refusal to comply with requests or instructions from the taxing authority during your audit may result in adverse actions taken by the taxing authority to your detriment. In either case, Audit Protection Services will not be held responsible for the outcome and reserves the right to cease providing service where reasonably warranted.

INCLUSIONS

(a)    The Audit Protection covers the following return types including all forms on Form 1040, 1040A, 1040EZ, or any state returns filed with the original return.
(b)   Represent you before IRS and Examining Agents
(c)    Unlimited consultation and updates on case
(d)   Prepare all documentations and presentation for submission to IRS
(e)    Coverage for 3 years for the specific tax year that audit protection was purchased for
(f)    24/7/365 Call Center 866-273-8550
(g)    100% Reimbursement of paid Audit Protection fees if for any reason you are not satisfied with the terms or service of the Audit Protection and want to rescind, you may obtain a full refund of the fee you paid for the Audit Protection provided that within seven (7) days from the date of purchase you contact the Audit Protection Services Audit Department at accounting@yourauditprotection.com and provide the receipt for such payment or call us at 866-273-8550.

SERVICE LIMITATIONS

(a)    Coverage is ONLY applicable to the tax year of purchase and does not extend to any other tax year or previously filed returns.
(b)   Audit Protection Services do provide assistance for IRS collection notices or bills resulting from audits that were not defended through the subscriber’s coverage. However, additional fees may apply.
(c)    Coverage does not include physical appearance of a representative during the audit or face to face consultation with the taxing authority. However, we will appoint a representative if this is necessary but additional fees may apply. The assigned representative is made available for telephone correspondence throughout the audit process as needed.
(d)   Coverage ends 3 years after the purchase date.
(e)    Audit Protection Services does NOT guarantee favorable actions taken or decisions made by the taxing authority.
(f)    Audit Protection Services does NOT provide legal representation or advice as part of its audit support function. However, we may recommend attorneys if necessary.
(g)    Audit Protection agreement does NOT include compilation of receipts, reconciliation of checkbooks or bank statements, record keeping, bookkeeping or other clerical tasks. However, we offer these services for additional fees.
(h)   Audit Protection Services do not cover returns NOT accepted by the IRS.

EXCLUSIONS

(a)    amended returns; 1040-NR;
(b)   non-individual returns such as employment (including taxes assessed on Form 4137 for income other than allocated tips), corporate, state and local small business, occupation tax, partnership, trust, estate, gift tax returns and not-for-profit returns;
(c)    any returns used to file for tax credits or rebates such as property tax, homestead or renters credits that are notified in conjunction with a federal, state, or local return;
(d)   the calculation of estimated tax payment vouchers, additional taxes owed as a result an erroneous refund of your estimated tax payments by IRS or a State or Local taxing authority;
(e)    any return for which, as of date of such purchase, you have knowledge of additional taxes owed;
(f)    any return for which you have received on or before the date of such purchase any notification from any tax authority of examination or audit also known as pre-existing audits
(g)    returns for which errors have been identified by Audit Protection Services prior to an assessment of additional taxes by tax
(h)   any return relating to previous year unless covered by our audit protection for that year;
(i)     additional taxes, penalties and interest that are assessed as the result of (i) incorrect, incomplete, false or misleading information that you have given to Audit Protection Services in connection with its preparation of a return; (ii) the government’s inability to obtain from you sufficient records to support deductions, credits and other items on your return; (iii) your failure to timely pay taxes as shown to be due on your return that challenges current IRS or judicial tax law guidelines or interpretation.
(j)     Any compilation of receipts, logs, journals and any other documentation needed for your audit that is prepared by Audit Protection Services will require additional service fees not covered under the Audit Protection agreement.

DISCLAIMERS AND GUARANTEES

(a)    If Audit Protection Services discover that you falsely listed information on your tax return and you have purchased the Audit Protection then this will void the Audit Protection and it becomes non-refundable and you will be responsible for the full cost of an audit.
(b)   Audit Protection Services does not guarantee that all audits will be resolved completely or result in a refund or elimination of any balance dues with the taxing authorities.
(c)    We will represent you before the IRS and or State, unless either party terminates the arrangement in writing. In the event we cannot resolve all issues at the examination level, we can prepare and present an appeal of any proposed deficiency at the Appeals Division of the Internal Revenue Service, at no additional charge.
(d)   We will not audit, or otherwise verify, information you provide for presentation to the Internal Revenue Service or other taxing authority during the course of the examination. However, we may ask you for further clarification and expect you to provide that clarification promptly and candidly. Also, our professional standards require that we make inquiry about representations that seem unusual or inconsistent with other knowledge we have of your affairs.
(e)    Your communications with us regarding matters raised in an examination of your tax returns are “confidential,” not “privileged.” That means, in mostcases our communications cannot be disclosed to third parties without your approval. Tax advice has limited protection from disclosure to the Internal Revenue Service. On the other hand, privileged communications are not permitted to be disclosed, even in court. There is no accountant-client privilege in criminal tax matters. Accordingly, if we are served by a properly issued administrative summons compelling us to testify in court proceedings, even our confidential communications are subject to disclosure, except in the limited circumstance of tax advice. In the event we are served with a summons regarding your affairs we will immediately contact your legal counsel so that your rights can be protected.
(f)    The Internal Revenue Service has recently initiated procedures that have led to a growing number of requests by examining agents to interview the taxpayer directly. However, you have a statutory right to be represented, and not to meet with the examining agent (unless you are served with an enforceable administrative summons). It is in your best interest to refer any questions or other contact from a revenue agent or other tax official to us without any discussion with the tax official. While our firm is engaged as your representative, you agree that any direct contact by the IRS or other tax officials will be promptly referred to us as your authorized representative. If you choose to appear before, or discuss this case with, a tax official against our advice, you do so at your own risk.
(g)    If your case is approved, you may be required to include such interest payments as income on your return in an amount that will be indicated on any Form 1099 you receive from Audit Protection Services, Internal Revenue Service, or State Taxing Authorities. Audit Protection Services is not responsible for the payment of any taxes you may owe on such income.
(h)   Audit Protection Services is NOT AN INSURANCE POLICY and Audit Protection Services, Inc. is NOT AN INSURANCE COMPANY, and does not operate under the guidelines of any state or federal insurance regulations.

INDEMNIFICATION

If you owe additional taxes as a result of an error in tax preparation by your tax professional and the error is discovered by you, your representative or a tax authority, during the period of 3 years from the filing deadlines for such returns, not including extensions, you agree to indemnify and hold Audit Protection Services harmless of such claims. Please review your tax return carefully and consult with your tax professional for their Standard Guarantee Policy. The Audit Protection will be non-refundable. However, our support staff will still honor the agreement for any support needed for such claims.

ARBITRATION

By signing below, you agree that any and all claims, disputes or controversies between you and APS (as defined below) arising out of or relating to this Shield (including, but not limited to, this document, any advertisements, promotions, or oral or written statements relating to the Shield, or validity, enforceability or scope of this arbitration provision, including, but not limited to the issue whether any particular claim or dispute must be submitted to arbitration), whether in contract, tort or otherwise (collectively, the Claim), shall be resolved, upon the election of you or APS, by binding arbitration administered by either American Arbitration Association (AAA) or the National Arbitration Forum (NAF) in accordance with the rules of such administrator at the time the demand is filed. The AAA rules may be accessed at www.adr.org or by writing to AAA at 335 Madison Avenue, New York, NY 10017. The NAF rules may be accessed at www.arbforum.com or by writing to NAF, P.O. Box 50191, Minneapolis, MN 55405. In the event that a rule conflicts with this arbitration provision, this arbitration provision will govern. You have the right to select one of these arbitration administrators. Audit Protection Services agrees not to invoke its right to arbitrate an individual, claim’s you bring in small claims court or an equivalent court so long as the claim is pending only in that court. This Arbitration provision will not apply to any claims relating to the Shield the subject matter of which is currently being asserted in any certified class action lawsuit pending against Audit Protection Services as of December 1, 2004. As used in this arbitration provision, the term Shield shall mean: Audit Protection Services, its parents, wholly or majority-owned subsidiaries, affiliates and the franchisees of any of them, and each of their officers, directors, agents and employees.

A neutral arbitrator shall be appointed as provided in the rules and must be a participating attorney with more than ten years experience in tax law. The arbitration will take place in the federal judicial district in which you live. The arbitrator may award all remedies permitted by applicable substantive law, including, but not limited to, compensatory, statutory, and punitive damages, injunctive and other equitable relief and attorneys’ fees and costs. No class actions or private attorney general actions in court or arbitration, or joinder or consolidation of claims with other persons in court or in arbitration, are permitted without the written consent of the parties hereto.

You will pay thefirst $50.00 of the filing fee. At your request, APS will pay the remainder of the filing fee and any administrative hearing fees charged by the arbitration administrator, up to a maximum of $500. If you are required to pay additional fees to the administrator, Audit Protection Services will consider in good faith a request by you to pay all or part of the additional fees. However, Audit Protection Services shall not be obligated to pay any additional fees unless the arbitrator grants youraward. If the arbitrator issues an award in Audit Protection Service’s favor, you will not be required to reimburse Audit Protection Services for any fees Audit Protection Services has previously paid to the administrator. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of the parties.

The parties acknowledge that this Shield is evidence a transaction involving or affecting interstate commerce, and this arbitration provision is governed only by the Federal Arbitration Act (FAA), Title 9 of the United States Code. The arbitrator shall apply substantive law consistent with the FAA, and not any state law concerning arbitration. The arbitrator’s award shall be final and not subject to appeal, except as permitted by the FAA. This arbitration provision shall only apply to the Shield and will not apply to Audit Protection Services Audit Protection that you may have purchased in prior years and will not apply to prior relationships between the parties in prior years.

YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO LITIGATE CLAIMS IN COURT BEFORE A JUDGE OR JURY. BY SIGNING BELOW, YOU AGREE TO KNOWINGLY AND VOLUNTARILY WAIVE YOUR RIGHTS TO LITIGATE SUCH CLAIMS IN COURT BEFORE A JUDGE OR JURY AND AGREE TO RESOLVE ANY CLAIMS PURSUANT TO THE ARBITRATION PROVISION IN THIS PLAN. BY AGREEING TO THE ARBITRATION PROVISION IN THIS PLAN, YOU AGREE THAT YOU WILL HAVE NO RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.

Under penalty of perjury, I acknowledge that I have read and understand the terms and conditions of this Audit Protection. I understand the audit protection purchase price will be deducted from my tax refund or paid up front.I understand the Audit Protection applies only to filed and accepted original individual resident tax returns prepared by you or any participating Tax Professionals for the year of the return and for which the Audit Protection has been paid. I represent to Audit Protection Services that I have reviewed the items on my tax return and the items or issues on such returns have not been, or are not currently under examination by tax authorities as of the date of purchase indicated on your receipt that specifies the total purchase price for the Audit Protection and which is incorporated herein.

Frequently Asked Questions:

What if I am not happy with the Audit Protection I purchased?
If for any reason you are not satisfied with the terms of the Audit Protection and want to rescind this Audit Protection, you may obtain a full refund of the fee you paid for the Audit Protection provided that within seven (7) days from the date of purchase you contact the Audit Protection Services Audit Department at support@yourauditprotection.com and provide the receipt for such payment.

How do I file a claim using my Audit Protection?
Contact your local Tax Professional to complete an Audit Referral Form or Contact Audit Protection Services immediately by fax at 888-738-4891 or by email at support@yourauditprotection.com with proof of payment of Audit Protection. Be prepared to present your tax authority notice and any related documents to Audit Protection Services Audit Department. Audit Protection Services will assign an audit assistant to your case and file a claim with the Audit Protection Services Audit Department. The claim will be reviewed and processed. If the claim is approved by the Audit Department, you will be contacted via telephone or mail with the documents you need to provide. If the claim is approved by the IRS or State then you will be notified for reduced balanced due, no balance due, or refund due. If the claim is not approved by either Audit Protection Services or the taxing authority, you will receive a letter explaining the reason for the denial.

How long will it take to process my claim?
It usually takes 30-45 days to receive an initial response for a claim determination. Please note that it often takes up to 6-8 months depending on the complexity of the case, tax authority workloads, or longer depending on if you submitted all supporting documentation that the claims department requested from you during your examination consultation.

Who do I contact if I have more questions?
You should contact contact@yourauditprotection.com 

What if Audit Protection Services denied my claim after I purchased the Audit Protection?
You may dispute the denial by writing to PO Box 60602, Fort Worth, TX 76115 in the Attention of the Audit Protection Claims Department. Your claim will usually be reviewed within 7 – 10 days. You will receive the final determination in writing.

Testimonials

Here are some of the good things our clients have to say about us!

  "I am greatly shocked and surprised. I didn’t think I was getting a refund, but after dealing with Audit Protection Services, I received my check on 10/19/12. All smiles for Audit Protection Services. Great services at APS. Best place to go to if you get audited…"
– B. Crosby

  "They got me my check! All in one great service and job well done. A company of their word! Professional, friendly and overall a good service."
– K. Johnson

  "They are efficient, thorough, and very informative. They always knew the status of my audit. They saved me thousands of dollars and I would recommend APS to everyone. Go APS!!! "
– T. Earl