Is it lawful for an ERO to charge fees based on a percentage of the refund?

It is prohibited for an Electronic Return Originator (ERO) to charge fees based on a percentage of the refund. The IRS has established regulations that ensure tax preparation fees are transparent and fair to the taxpayer. Charging a fee that is contingent on the size of the refund can lead to conflicts of interest and can encourage unethical practices, where the preparer may make decisions based on their financial gain rather than the best interest of the taxpayer.

This prohibition is part of the effort to maintain the integrity of the tax preparation process and to protect taxpayers from potentially manipulative or exploitative practices. By ensuring that fees are fixed or based on the complexity of services provided, the IRS aims to promote a fair and straightforward transaction between taxpayers and tax preparers.