by Ann Marie Dwyer

Created on: October 24, 2007   Last Updated: February 09, 2009

The advent of the "instant tax refund" was designed to target low-income workers by H & R Block in the 1980s. The outline of the profitability of the program was very clear.

Traditionally, the users of tax preparers were high-income earners with complicated tax returns. 1984 saw the largest graduation of certified public accountants (CPA) in American history. Market research predicted that if tax preparation companies did not target a wider range of clientele, they would become obsolete within a decade, due solely to the glut of competition.

With a huge amount of venture capital, H & R Block launched the "Instant Tax Refund Loan", touting that users could have their checks in as little as three days. The focus of the ad campaign was young families with small children. Not one commercial featured a business suit.

Within three years, satellite "offices" cropped up in shopping malls, and the word "loan" disappeared. The instant tax return was born. Now, younger people and seniors joined the ad campaigns.

Traditional tax preparers, most notable being Jackson Hewlitt, signed long term contracts with major retailers like J.C. Penney, Rent-a-Center and Wal-Mart to host their tax preparations. With access to break rooms, preparers were instructed to entice the employees, some of the lowest paid workers in the United States.

Retailers would take the next step and cash the checks in the knowledge that the holder would shop before leaving. This was no noble gesture on the part of tax preparers or retailers. The unprecedented success of the project was complete.

An army of attorneys had carefully drafted the contract between the earner and the preparer. Fine print included clauses of default and error: Should the return be reduced for any reason, notwithstanding preparer error or earner negligence, earner will be responsible for reimbursement of monies distributed and payment of all fees and interest thereon.

Translation: If the preparer makes an error that results in the earner not receiving a refund, the earner must repay the money, exorbitant interest and a handling fee for the error. Bear in mind that the check was not the actual tax refund, but only a loan against what the tax refund would have been.

So where is the $3 billion in profit? In interest and fees: Interest rates vary from an annual percentage rate of 70% to 1700%. The average prepared tax return is $2,000, with a fee of $250. 12% of all of the refunds are going into the pocket of the preparer and the lender.

The IRS states that the average income for 79% "instant refunds" is less than $35,000. 57% of those who got "instant refunds" filed for the earned income credit (EIC) which provides financial assistance to the working poor. Without a doubt, making $1.7 billion from the lowest paid workers in the country is truly designed to exploit.

References: National Consumer Law Center, Internal Revenue Service, Consumer Federation of America, Consumer Affairs, Attorney General for California, Attorney General for Illinois, Attorney General for Washington

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