N.Y. General Business Law § 371: Definitions

§ 371. Definitions. For the purposes of this article:

(a) "Facilitator" means a person who individually or in conjunction or

cooperation with another person: (i) solicits the execution of,

processes, receives, or accepts an application or agreement for a refund

anticipation loan or refund anticipation check; (ii) serves or collects

upon a refund anticipation loan or refund anticipation check; or (iii)

in any other manner that facilitates the making of a refund anticipation

loan or refund anticipation check. This term excludes any employees of a

facilitator who provide only clerical or other comparable support

services to such facilitator.

(b) "Tax preparer" or "preparer" means a person, partnership,

corporation or other business entity, that in exchange for consideration

advises or assists or offers to advise or assist in the preparation of

income tax returns for another.

(c) "Refund anticipation check" means a check, stored value card, or

other payment mechanism: (i) representing the proceeds of a tax refund;

(ii) which was issued by a depository institution or other person that

received a direct deposit of the tax refund or tax credits; and (iii)

for which a fee or other consideration has been paid for such payment

mechanism.

(d) "Refund anticipation loan" means a loan that is secured by or that

the creditor arranges to be repaid directly or indirectly from the

proceeds of an income tax refund or tax credits. A refund anticipation

loan also includes any sale, assignment, or purchase of tax refund at a

discount or for a fee, whether or not the amount is required to be

repaid to the buyer or assignee if the internal revenue service or the

department denies or reduces the amount of the tax refund.

(e) "Department" means the department of taxation and finance.