Part Definitions

  1. Law
  2. Tennessee Code
  3. Professions, Businesses and Trades
  4. Tax Returns and Refunds
  5. Refund Anticipation Loans
  6. Part Definitions

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As used in this part, unless the context otherwise requires:

  1. “Applicant” means a customer who applies for a refund anticipation loan through a facilitator;
  2. “Borrower” means an applicant who receives a refund anticipation loan through a facilitator;
  3. “Customer” means an individual for whom tax preparation services are performed;
  4. “Facilitator” means a person who receives or accepts for delivery an application for a refund anticipation loan, delivers a check in payment of refund anticipation loan proceeds or in any other manner acts to allow the making of a refund anticipation loan. “Facilitator” does not include a bank, thrift, savings association, industrial bank or credit union operating under the laws of the United States or this state, an affiliate that is a servicer for such an entity or any person that acts solely as an intermediary and does not deal with an applicant in the making of the refund anticipation loan;
  5. “Person” means an individual, a firm, a proprietorship, an association, a corporation or another entity;
  6. “Refund anticipation loan” means a loan, whether provided through a facilitator or by another entity such as a financial institution, in anticipation of and whose payment is secured by a customer's federal or state income tax refund, or by both;
  7. “Refund anticipation loan fee” means any fee, charge or other consideration imposed by a lender or a facilitator for a refund anticipation loan. The term does not include any fee, charge or other consideration usually imposed by a facilitator in the ordinary course of business for nonloan services, such as fees for preparing tax returns and fees for the electronic filing of tax returns;
  8. “Refund anticipation loan fee schedule” means a list or table of refund anticipation loan fees that includes three (3) or more representative refund anticipation loan amounts. The schedule shall separately list each fee or charge imposed, as well as a total of all fees imposed, related to the making of a refund anticipation loan. The schedule shall also include, for each representative loan amount, the estimated annual percentage rate calculated under the guidelines established by the federal Truth in Lending Act (15 U.S.C. § 1601 et seq.); and
  9. “Tax return” means a return, declaration, statement, refund claim or other document required to be made or filed in connection with state or federal income taxes.


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