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Contact: Frank Sobrino, Press Secretary

O: 212.669.4193; C: 646.250.4322

For Immediate Release: March 16, 2006

GOTBAUM: BEWARE OF TAX REFUND LOANS

Public Advocate Betsy Gotbaum today cautioned New Yorkers to steer clear of unscrupulous commercial tax preparers offering costly “instant refunds” and called on the chief executives of two of the country’s leading commercial tax preparation firms to end their “financial abuse” of low- and moderate-income families.

“We’ve all seen the commercials and store-front signs,” Gotbaum said. “H&R Block, Jackson Hewitt and others offering an ‘instant refund.’ They tell you that you can walk out of their office with your refund in hand. What they are really offering is an expensive, high-interest loan that can cost you a significant portion of your refund.”

The loans, known as Refund Anticipation Loans (RAL), can cost hundreds of dollars in fees and carry exorbitant interest rates of as much as 700 percent.

“That’s steep by any standard,” Gotbaum said. “But it’s especially hard on New York’s many working families, duped each tax season by the ads, sales pitches and fine print.”

Indeed, a survey last year by the National Consumer Law Center and Consumer Federation of America found that some 70 percent of RAL recipients did not realize they had taken out a loan.

RALs are big business: according to the Children’s Defense Fund, New Yorkers in 2004 lost more than $30 million of their tax refunds and credits to RALs. Gotbaum said it was no accident that more than $23 million of that money came from the pockets of low-income taxpayers.

Gotbaum said RALs are marketed most aggressively in poor neighborhoods because commercial tax preparers want to cash in on the Earned Income Tax Credit, a refundable federal, state and city tax credit aimed at low- and middle-income workers. By applying for all three credits, a city taxpayer can receive a refund of as much as $5,940. The greater the EITC refund, the larger the RAL finance fee a commercial tax preparer collects.

“The tax preparers’ marketing strategy is part of a cynical effort to exploit one of the few tax breaks designed to help low-income workers,” Gotabum said. “My advice is simple: Take advantage of the EITC program; don’t get taken advantage of yourself.”

Filing for the EITC can be intimidating for low-income New Yorkers used to completing simple tax forms like the 1040EZ; others face language and literacy barriers, making them easy marks for unscrupulous commercial tax preparers.

Help is available at Volunteer Income Tax Assistance (VITA) sites across the city offering working families free tax assistance from volunteers trained by the Internal Revenue Service. Tax Counseling for the Elderly (TCE) sites provide a similar service for people 60 years of age and older.

Gotbaum’s website—www.pubadvocate.nyc.gov—features the most comprehensive listing assembled of free tax preparation sites, as well as information about EITC eligibility and other resources. Many VITA and TCE sites are able to file returns electronically, speeding delivery of refund checks, and help non-English speakers, as well. Gotbaum suggested calling sites to check what’s available. For those who cannot get online, she recommended calling her office, at (212) 669-7250.

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