Tennessee Senate Bill SB1698

Tennessee 2023-2024 Regular Session

• Introduced: 1/9/24
• Engrossed: 2/12/24
• Enrolled: 3/20/24
• Passed: 4/4/24
• Chaptered: 4/8/24

Caption

AN ACT to amend Tennessee Code Annotated, Title 56, Chapter 7, Part 1, relative to an exception from the definition of a contract of insurance for tax preparation service company warranty contracts.

Impact

The passage of SB1698 is expected to clarify the legal status of warranty contracts executed by tax preparation service companies, thereby influencing related regulations and operational standards within the industry. By alleviating the classification as insurance, the bill may encourage tax services to offer such warranty conditions without being subject to stringent insurance regulations. Moreover, it stipulates required liability coverage, enhancing consumer protection if a tax preparer commits an error.

Summary

Senate Bill 1698 aims to amend the Tennessee Code Annotated regarding the definitions and regulations governing warranty contracts provided by tax preparation service companies. Notably, the bill delineates that certain contracts between tax preparers and taxpayers, which cover tax liabilities or penalties arising from errors made by the tax preparers, are not classified as insurance contracts. This exception is predicated on the condition that tax preparation companies possess proper liability coverage, whether through an insurance policy, surety bond, or a deposit accepted by the state commissioner.

Sentiment

The sentiment surrounding SB1698 appears to be generally positive among members who see it as a crucial step towards enhancing the integrity of the tax preparation field while also providing consumers with added protection. Proponents argue that this clarification will support taxpayers, while critics may point out concerns regarding the adequacy of the liability coverage requirements, which could potentially influence the accountability of tax preparers in their service delivery.

Contention

Debates around SB1698 particularly focus on whether the imposed liability coverage amounts are adequate to protect consumers based on the potential severity of financial mistakes made by tax preparers. Additionally, there are discussions regarding whether such regulatory adjustments benefit larger corporations over smaller tax preparation services. As it progresses, these aspects will likely be scrutinized to ensure they meet public welfare needs without creating undue burdens on businesses.