Last Updated August 14, 2025
TAXACT® XPERT FULL SERVICE TAX RETURN TERMS
TaxAct's Xpert Full Service Tax Return Preparation Service (also referred to as “TaxAct Do-It-For-Me” or “TaxAct DIFM”) (collectively, the “Service”) is subject to and governed by the following terms (these “Terms”). By making use of the Service, you agree to be bound by the following Terms between you and TaxAct, LLC. ("TaxAct"). As used in these Terms, references to "we," "us," and "our" mean TaxAct as well as its employees, agents, affiliates, representatives, and service providers involved in delivering the Service, and references to and “you”, “your” or “user” mean you, the user of the Service.
In addition to these Terms, the Service is subject to TaxAct’s Terms of Service, which are hereby incorporated by reference as if fully stated herein. AS A RESULT, THIS SERVICE IS SUBJECT TO THE ARBITRATION PROVISION FOUND IN THE TERMS OF SERVICE, AS WELL AS THE LIMITATIONS OF LIABILITY AND DISCLAIMERS IN THOSE TERMS OF SERVICE AND HEREIN (SECTIONS 22-23).These Terms, along with TaxAct’s Terms of Service, are a complete statement of the agreement between TaxAct and you and set forth the entire liability of TaxAct, its parent, subsidiaries, and affiliates, including without limitation the Tax Experts, and your exclusive remedy with respect to the Service. As it relates to the Service, in the event of any conflict between these Terms and the TaxAct Terms of Service, these Terms shall prevail..
How the Service Works
The Service is available to add to your filing experience any time prior to filing your tax return(s) if you meet certain eligibility requirements. The Service is provided at an additional cost, and pricing may vary depending on current offers and promotions. The Service is available for certain business and consumer tax preparation products for filing 1120-S and 1065 business and 1040 income tax returns and applicable equivalent state tax returns if you meet certain eligibility requirements (collectively, the “Tax Product(s)”). Once you choose to add the Service, you will be prompted to upload all your tax documents the credentialed tax expert will need in order to prepare your return. A credentialed tax expert includes professionals like certified public accounts, IRS credentialed enrolled agents, or tax attorneys (a “Tax Expert”). The Tax Expert, with the assistance of non-tax experts and other administrative personnel, will review your documents to prepare your tax return based on the information you provide. The Xpert Full Service team will contact you by phone or email using the contact information you provide if additional information is needed. Once your return is prepared, you will be notified and prompted to review your return summary and submit payment for the service. Upon receipt of payment, you will be asked for a signature, which provides TaxAct permission to file your return with the IRS and applicable state agencies on your behalf.
The TaxAct Products that may be eligible for use with the Service are subject to change. The price of the Service is determined at the time of your filing with the Tax Product, unless otherwise provided to you or determined under a valid offer or promotion.
General Terms and Conditions of the Service.
The Service is available subject to the availability of our team of Tax Experts. The Service may be cancelled at any time. Service availability will vary based on demand and capacity and is subject to change without notice.
The Service is available in association with the utilization of the applicable Tax Product by persons who are eighteen (18) years or older. Internet access is required to use this Service. The Service is not available for or intended to be used by tax preparers (i.e., providers of tax return preparation products or services and their employees). TaxAct reserves the right to restrict offers for the Service at its sole discretion to manage Service demand and availability.
The Service may only be used in connection with TaxAct products and services and not with any other party’s products or services
To perform the Service, TaxAct may request additional documentation from you, including your prior year’s return, and for business customers, your profit and loss sheet and balance sheet. Our affiliated company’s Drake Portals platform will be used to upload and transmit your documentation to TaxAct. You are responsible for providing all necessary source documents to TaxAct in a timely manner.
Subject to applicable laws, TaxAct may record or transcribe your interactions with the Tax Experts and other personnel for our internal quality assurance and training purposes.
More than one Tax Expert may work on your return, including non-tax experts who may assist in the process of collecting your documents, scheduling any contact with you, reviewing your return for accuracy, and signing and filing your return. Such Tax Experts may also be assisted by other TaxAct personnel.
The Service does not include any other services such as: preparation of other tax returns not expressly included as part of the Service; preparation of certain municipal, local, or school district tax returns; preparation of any prior-year returns; preparation of any federal income tax returns requiring attachment of Form 8938 (Statement of Specified Foreign Assets); preparation of any other foreign account reporting, including without limitation, FinCEN Form 114 (FBAR); preparation of any other types of tax returns that may be due to any taxing authority such as property, estate, business, payroll, foreign, local, or sales tax returns; representation before any taxing authority in any proceeding; any legal or investment advice; any tax, estate, or investment planning or other areas of advice.
An electronic copy of your filed return and confirmation of its electronic filing will be delivered to you via a method satisfying IRS requirements and designated by TaxAct, such by placing the electronic document in a secure, online repository to which you have access, providing a secure link to the electronic document, transmitting an encrypted document electronically to a destination you designate, or such other method as chosen by TaxAct at its sole discretion. Please note that access, delivery transmission, and receipt of such documentation may involve other TaxAct services (see Section 7 above) and/or third-party service providers and may be subject to the terms and conditions and privacy notices they make applicable to you. Additional copies of your tax documents will be available upon request for at least 3 years. TaxAct has no obligation to store your tax documents other than to the extent required by applicable law and regulation. You acknowledge that such tax documents retained by TaxAct may not by themselves satisfy documentation requirements for items claimed on your return and agree to hold TaxAct harmless from any liability, including but not limited to, additional tax, penalties, interest, and professional fees resulting from the disallowance of tax deductions, tax credits, or exclusions from income due to inadequate documentation.
You understand that as part of the Service, a Tax Expert will answer your questions related to certain U.S. federal and state tax laws and procedures. Non-U.S. tax questions are outside the scope of the Service.
Certain tax topics, forms, and/or situations are not, or may not be, included as part of the Service, and TaxAct may in its sole discretion at any time determine that it cannot provide the Service with respect to any such topic. Additionally, if a Tax Expert determines that your tax situation is too complex or requires an extraordinary amount of time to prepare, the Tax Expert may, in their sole discretion, recommend you continue with our DIY product offerings instead.
The Service is available for use in your preparation of your tax return with respect to the current tax year Tax Product only and does not include assistance or advice in responding to IRS notices and/or audits or providing representation before the IRS. If you receive a notice from the IRS after December 31 of the tax filing year, a Tax Expert will still be available to assist you with your tax return under these Terms but will not assist or provide advice in responding to the IRS notice and/or audits or provide representation before the IRS.
The Service does not include any legal or investment advice or tax, estate, or investment planning. General account, software, and online product support may be offered to you as part of your use of the applicable Tax Product but is not included as part of the Service. To ensure a good experience and appropriate levels of coverage for everyone using the Service, the Tax Expert may terminate the communication at their sole discretion (i) if the prescribed time limit for the relevant Service expires, as applicable; (ii) if the questions or review requested exceed the scope of the Service; or (iii) if it is otherwise determined that you are misusing the Service.
Pursuant to Internal Revenue Service guidance, be advised that any federal tax assistance given to you, including anything that may be provided to you in writing, is not intended to be used, and it cannot be used, by any person or entity for the purpose of unlawfully avoiding taxes and penalties that may be imposed under the Internal Revenue Code.
The tax assistance provided to you by the Tax Expert will be based on information you provide to the Tax Expert. You understand and agree that the Tax Expert will not independently audit or otherwise verify the information submitted; that the Tax Expert is not responsible for undertaking such audit or verification of the information though they may ask you for clarification of such information where necessary; and that if you provide incorrect or incomplete information, the responses provided to your questions or review of a section of your return may not be accurate.
In answering your questions and/or reviewing a section of your return, the Tax Expert will exercise the Tax Expert’s professional judgment where the Internal Revenue Code, the treasury regulations promulgated thereunder, and Internal Revenue Service guidance, and if applicable, any state statute, regulations, and guidance, are unclear. You understand and agree, however, that the final reporting position selected and reported on your return is within your sole discretion and responsibility.
The Service is available for a limited period of time and may be cancelled at any time. You will have access to the Service through December 31 of the applicable tax year in which you purchased the Service for the Tax Product. Service levels and availability will vary based on demand and capacity and are subject to change without notice.
Any offer to receive the Service is nontransferable, and may only be utilized by you, the customer in association with utilizing the Tax Product to prepare your return.
The Service is provided at an additional charge or, if applicable, free of charge based on applicable offers or promotions, and you agree the Service may not be returned, refunded, or resold. All prices are subject to change without notice. Your price for the Service is ultimately determined at the time of your filing with the Tax Product, unless otherwise provided to you or determined under a valid offer or promotion. Purchase of the Service applies to a specific return. If you have multiple returns and would like to access the Service, you will need to separately purchase the Service for each return.
Customer Responsibilities
You are responsible for the accuracy and completeness of the supporting documentation you provide to the Tax Expert. It is your responsibility to provide all the information required for preparation of a complete and accurate return.
A Tax Expert may furnish you with questionnaires or worksheet to complete and return. These tools are designed to help you identify and gather the necessary information, and they help ensure that no important details are overlooked.
While a Tax Expert may assist in preparing your return, they are not responsible for identifying or correcting any inaccurate or incomplete information you provide, nor are they accountable for any information you fail to disclose.
You represent that all information you provide is true, complete and accurate, and that you have the legal right to share it with TaxAct.
You are solely responsible for maintaining your tax records and substantiation documentation. This includes safeguarding any documents you provide to us and any documents you receive from us. TaxAct is not liable for disclosure or loss of confidential information that is under your control.
Additionally, you are responsible for informing TaxAct of all foreign assets you own or control. Your eligibility to use the Service may be affected by your ownership, control, or interest in such foreign assets.
You have the final responsibility for your return. Therefore, you should review it carefully before you sign and file it. You are responsible for maintaining adequate documentation to substantiate the accuracy and completeness of your return.
You are responsible for ensuring your taxes are paid on time. An extension to file does not include an extension to pay. If you provide any of your information within less than 10 business days of the tax filing deadline, we may require you to agree to the filing of an extension of time to file your return or be unable to provide the Service pursuant to Section 24(b) of these Terms.
A Tax Expert may provide suggestions or guidance, or recommend tax savings strategies, however it is up to you to decide whether to follow such suggestions, and it is your sole decision and responsibility whether to act on any recommended actions. Where applicable, we may recommend estimated quarterly tax payment amounts based on your current year tax return and information you provide about future income. You are responsible for deciding whether and how to make such payments and for adjusting such payments if your financial situation changes.
To approve your return, you, and if filing with a “married filing jointly” filing status, your spouse, will electronically sign a completed Form 8879, IRS e-file Signature Authorization and any additional applicable authorization forms, including but not limited to state e-file authorization forms, required to allow TaxAct to electronically file your return. These forms may use a third-party e-signature provider, which you agree to use. You agree that with your electronic signature on these forms you represent that you and any joint filer have received a copy of, reviewed, and approved the final return as complete and accurate.
You agree that for any return with “married filing jointly” filing status, both spouses are deemed to be customers of TaxAct and subject to the Terms and Conditions. Both individuals acknowledge that there is no expectation of privacy between the spouses by TaxAct concerning the Service, in connection with this Agreement. We shall be at liberty to share with either of you, without prior consent of the other, partial or completed returns, tax documents, and other information concerning the preparation of the Return.
Your return may be selected for review by the taxing authorities. Generally, any proposed adjustments by the examining agent are subject to certain rights of appeal. In the event of such government tax examination, you are responsible for handling all required responses and preserving your rights to appeal.
Penalties may be imposed under law where taxpayers understate their tax liability or lack supporting documentation. Interest may apply to penalties and unpaid tax. You are responsible for any such penalties, unpaid tax, interest, and/or related professional fees arising with respect to your return.
You are solely responsible for determining any other tax filing obligations you may have with any taxing authorities (e.g., property, estate, business, local or sales tax returns). You are responsible for preparing and filing any such tax returns.
You are responsible for having access to and the charges associated with a phone, computer, phone and internet service, and any other required software or technology platform to obtain the Service. You are required to use certain software or third-party products or services, including but not limited to a document sharing tool or method.
TaxAct 100% Expert Accuracy Guarantee.
If you are a registered user of the Service and you pay a federal or state penalty and/or interest solely because of an error the Tax Expert made while preparing your return, or on a form signed by the Tax Expert, and not as a result of, among other things, your failure to provide all relevant 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 TaxAct will pay you the amount of the federal or state penalty and/or interest paid by you to the federal or state government. For the purpose of clarity, “errors” of the Tax Expert shall not include reasonable reporting positions taken by the Tax Expert, even if the federal, state, or local taxing authority later questions such position. If applicable, at TaxAct’s sole discretion, we may also provide you with an amended tax return for no additional fee. You are responsible for keeping TaxAct 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 any tax liability you still may owe and providing any other information TaxAct reasonably requests to validate your claim, within a timely manner but no more than 60 days after we request such information. See https://www.taxact.com/company/guarantees for more details and how to submit a 100% Expert Accuracy Guarantee claim.
The above-described guarantee is the only guarantee applicable to the Service; any other guarantee offered by TaxAct with respect to other products or services offered by TaxAct shall not be applicable to the Service.
All guarantees or warranties given or made by us with respect to the Service (1) are for the benefit of the original user of the Service only and are not transferable, and (2) shall be null and void if the user breaches any of these Terms.
Disclaimer of Warranties - EXCEPT AS EXPRESSLY PROVIDED HEREIN TO THE CONTRARY, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TAXACT AND ITS PARENT, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, TAX EXPERTS, CONTRACTORS, CONSULTANTS, AGENTS, ASSIGNS, LICENSORS, DISTRIBUTORS, ADVERTISERS, WEB-LINK PROVIDERS, DEALERS OR SUPPLIERS (COLLECTIVELY, THE "PARTICIPATING PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICE INCLUDING, WITHOUT LIMITATION, THAT ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICE WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
Limitation of Liability - EXCEPT AS PROVIDED FOR IN THESE TERMS AND THE TAXACT TERMS OF SERVICE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF TAXACT AND THE PARTICIPATING PARTIES FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR OUR SERVICES AND CONTENT (AS DEFINED IN THE TAXACT TERMS OF SERVICE) OR IN ANY EVENT NOT MORE THAN ONE HUNDRED DOLLARS ($100). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TAXACT NOR THE PARTICIPATING PARTIES WILL BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), AND (ii) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET SYSTEMS REQUIREMENTS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF TAXACT OR THE PARTICIPATING PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT DO WE ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN YOU ARISING OUT OF YOUR USE OF THE SERVICE.
End and/or Termination of Services
Your engagement with TaxAct will conclude with either your e-filed return being sent and accepted by the applicable tax authority or delivery of electronic copies of completed returns to you (if you are paper filing by mail). If we cannot electronically transmit your return for any reason, we will notify you, and you will be responsible for preparing and filing your return, and you will be refunded the cost of the Service you paid..
If any of the following circumstances occur, TaxAct will not be responsible for completion or conclusion of the Service and the Service will be terminated immediately: it is determined that you do not meet the eligibility criteria for this Service; you do not have access to or do not agree to use required technology, software or third party products or services we utilize in the delivery of the Service; you do not file, or agree to have us file on your behalf, an extension of time to file your return upon our request; we are unable to authenticate your identity or you fail to pass authentication for signature purposes; or you fail to provide requested information or documentation, do not respond to the Tax Expert’s requests in a timely manner, demonstrate unprofessional, inappropriate, or unlawful behavior toward a Tax Expert or other TaxAct personnel, or otherwise fail to cooperate in the preparation of your return as determined in TaxAct’s sole, reasonable discretion.
Privacy - The Service is subject to applicable state and federal law and TaxAct’s Privacy Notice.
Miscellaneous - TaxAct personnel, including without limitation any Tax Experts, answering questions in conjunction with the Service are not authorized to make modifications to these Terms, or to make any additional representations, commitments, or warranties binding on us. We reserve the right to change these Terms from time to time without prior notice, and the changes will be effective when posted on our website for the Service or when we notify you by other means. Texas state law governs these Terms without regard to its conflicts of laws provisions. If any provision of these Terms is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.