RGB Shield Guarantee Agreement

The following terms and conditions of this agreement (the "Agreement") govern the RGB Shield Guarantee ("Program") provided to members of the Program ("Members") by R&G Brenner Income Tax (“Company”). By having a personal income tax return prepared by the Company, Members accept enrollment in the Program and agree to the terms of this Agreement:

1. Definitions: The following definitions are applicable to the Agreement.
2. "ERO" means R&G Brenner Income Tax
3. The "Program is a service program offered by Company and is provided and paid for as part of the tax preparation services at no cost to the Taxpayer.
4. "Return" means an IRS acknowledged individual federal tax return form 1040 (including schedule A, C and E) and a state acknowledged individual state return (if applicable) for the previous year's tax return and is not otherwise excluded in this Agreement.
5. "Negligence" means failure on the part of the Taxpayer to exercise the care or apply the effort that a reasonably prudent person would exercise in providing their professional tax preparer with complete and accurate information to enable them to accurately prepare the tax Return.
6. "Tax Preparer" means the individual completing and signing the acknowledged Return as the paid preparer.
7. "Taxpayer" or "Member" means the individual for whom the Tax Preparer completes and signs an acknowledged Return.
8. "Company" is R&G Brenner Income Tax.
9. Services provided by Company under the Program: From the date the IRS or state (if applicable) has acknowledged transmission of your Return and for a period of three (3) years after the April filing deadline (the Membership Term), for the tax year preceding the year of enrollment, if the Taxpayer’s Return is audited by correspondence or the IRS denies any of the credits described in Section 2.7, Company will provide the Taxpayer with the following services (collectively, the "Services"):

2.1 Evaluation of all related IRS and/or state correspondence.

2.2 Explanation of claim requirements and the available options.

2.3 Professional IRS and/or state document review, consultation and organization.

2.4 Drafting of letters and other necessary correspondence with the IRS and/or state as needed.

2.5 Assistance with telephone communication with the IRS and/or state agent for explanations and discussions during the audit process.

2.6 Assistance with all IRS forms including schedules A, C, and E unless excluded below in section 3.

2.7 Assistance with denied credits, including: Earned Income Credit, Child and Dependent Care Credit, Education Credits, Child Tax Credit, Additional Child Tax Credit, Adoption Credit, Credit for the Elderly or Disabled, Savers Credit.

2.8 Assistance with rejected W-7 applications.

2.9 A maximum reimbursement of up to $2000 of penalties and/or interest assessed to the corresponding current tax year if and only if an error, mistake or omission was deemed made  by the Tax Preparer or the Company.  Company alone determines the origin of errors, mistakes and/or omissions.

2.10 Intentionally Omitted.

2.11 The Services are subject to change, modification, or substitution at any time without notice to the Member. In order to receive Services, a Member must access the services as instructed here and/or within any potential additional  Membership materials provided.

3. Program Exclusions: The following types of tax returns and or Inquiries are specifically excluded. Company is under no obligation to provide Taxpayer with the Services in connection with such returns and or Inquiries:

3.1 IRS “In-Person”  Desk Audits.

3.2 Non-Resident returns.

3.3 Returns other than individual 1040 and/or state returns including, but not limited to, corporate, partnership, trust, estate, gift and employment returns.

3.4 Returns in which the Taxpayer, Tax Preparer or ERO had knowledge of additional taxes owed as of the date Taxpayer enrolled in the Program.

3.5 Returns prepared with Negligence, recklessness, intentional misrepresentation or fraud.

3.6 Local, city and county tax Returns.

3.7 Returns that have become subject to IRS or state criminal investigations.

3.8 Inquiries related to foreign income, flow-through entities (partnerships and S-corporations as reported on Schedule K), court awards and damages, bartering income, cancelled debt, estate and gift tax.

3.9 Inquiries related to the following credits: Foreign tax credit, Plug-in electric vehicle credit, Residential energy efficient property credit, Mortgage interest credit, Credit to holders of tax credit bonds, Health coverage tax credit, "Credit" for prior year minimum tax, "Credit" for excess Social Security tax or railroad retirement tax withheld.

3.10 Assistance with IRS and/or state Identity Theft.

3.11 Assistance with Tax debt relief including but not limited to Installment Agreements, Offer in Compromise, Tax Penalty Abatement, Tax Liens, Wage Garnishment Relief & Innocent Spouse Relief.

3.12 Due to a lack of Clarity from the IRS on the Affordable Care Act, we may not be able to assist with all IRS inquiries and audits related to the Affordable Care Act.

4. Taxpayer Responsibilities: In order for Company to be obligated to provide the Services to Taxpayer, the Taxpayer agrees to take the following actions:

4.1 Contact the IRS and/or state (with the assistance of Company) per the correspondence audit notice received to request an extension of the deadline for responding.

4.2 Notify Company of any IRS and/or state correspondence or notice regarding the Return within thirty (30) days from the date of such notice along with a complete copy of the Return.

4.3 Provide Company any further assistance or documents as requested that support claims made on the Return.

5. Disclosure of Information: Taxpayer hereby agrees that his/her specific Taxpayer information, including all information that Taxpayer has disclosed to the ERO or has been included on the Return, may be disclosed by the ERO to Company and used by Company in the manner consistent with this Agreement.
6. Cancellation: If, for any reason, a Member is not satisfied with the Program and wishes to terminate his/her membership, the Member may cancel the membership by notifying Company in writing or by telephoning a Program representative. Membership in the Program shall terminate on the date that Company receives written notice of cancellation.
7. Member Representations and Acknowledgements: In return for the Services available under the Program, the Member makes the following representations and acknowledgements:

7.1 Member has read this Agreement carefully, understands the Program.

7.2 Member may cancel his/her Program membership at any time before the conclusion of the Membership Term.

7.3 Membership in the Program and benefits thereunder are not assignable without the express written consent of Company. Member agrees that he/she will use his/her Program membership only for his/her personal benefit. A Member’s violation of this paragraph 7.3 will result in immediate termination of the Program Membership.

7.4 Member acknowledges that Company bears no responsibility for the payment of (or contribution to) any use or sales tax that may be imposed by any state or federal taxing authority on the Services provided under the Program. Payment of such taxes, to the extent imposed, shall remain the sole responsibility of the Member.

7.5 Member understands that Member is responsible for paying the Tax Preparer or ERO for their services rendered.

7.6 Intentionally Omitted.

7.7 Member understands and agrees that they will be enrolled as a member to be eligible to receive the benefits of the Program.

7.8 Member understands and agrees that the Program is not insurance.

7.9 The Taxpayer represents and warrants that they have truthfully provided correct, accurate and complete information to the Tax Preparer and to the best of Taxpayer’s knowledge, the Tax Preparer has truthfully, completely and accurately completed all tax return forms and due diligence worksheets and procedures in accordance with all applicable IRS and state (if applicable) rules, regulations, procedures, guidelines, publications and requirements, and that the protection provided under the Program is conditioned upon such completion.

8. Disclaimer: Failure to comply with procedure and strategy actions recommended by Company may result in an IRS and/or state (if applicable) ruling unfavorable to the Taxpayer. Failure or refusal to comply with requests or instructions from the IRS and/or state (if applicable) during the audit may result in adverse actions taken by the IRS and/or state to Taxpayer’s detriment. In either case, Company will not be held responsible for the outcome and reserves the right to cease providing services when reasonably warranted.

9.Intentionally Omitted

10. General Release: Each Member who uses the Services under the Program membership hereby forever releases, acquits and discharges Company and their employees, agents and affiliates from any and all liabilities, claims, demands, actions, and causes of action that such Member or Member’s legal representative(s) may have by reason of any monetary damage or personal injury sustained as a result of or during the cause of the use of any and all Services under the Program. The sole recourse available to a Member or Member’s legal representative(s) against Company shall be cancellation of the Program membership as provided in Section 6.
11. Notices: Any and all notices, consents, approvals, requests, and other written communications given or required under the terms of this Agreement shall be deemed to have been duly given and served when sent by email, U.S. Postal mail, postage prepaid and addressed to the Member, at the address provided by the Member.
12. Entire Agreement: This Agreement sets forth the entire agreement and understanding of the parties with regard to membership in the Program. No representations, inducements, promises or agreements, or otherwise, shall be of any force or effect. The validity or unenforceability of any term of this Agreement shall in no way affect the validity or enforceability of any other terms or provisions of this Agreement. Member Acknowledges that THE PROGRAM IS NOT INSURANCE.
13. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties as well as their respective successors and permitted assigns.
14. Governing Law: This Agreement shall be governed and construed in accordance with the laws of the State of New York, County of Nassau, regardless of any application of principles regarding conflicts of laws.
15. Headings: The headings or captions provided throughout this Agreement are for reference purposes only and shall in no way affect the meaning or interpretation of this Agreement.

16. Waiver of Breach: Waiver of breach of any provision of this Agreement shall not be deemed a waiver of any other breach of the same or different provision.

If you have any questions about these Terms and Conditions, You can contact us:

• By email: info@rgbrenner.com
• By visiting the Contact Us page on our website
• By phone number: (516) 775-2000
• By mail: 111 East Merrick Road, Valley Stream, NY 11580