§ 6.2-2500 Definitions
As used in this chapter, unless the context requires a different meaning: “Applicant” means a customer who applies for a refund anticipation loan through a facilitator. “Borrower” means an applicant who receives a refund anticipation loan through a facilitator. “Customer” means an individual for whom tax preparation services are performed. “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 the Commonwealth, an affiliate that is a servicer for such an entity, or any person who acts solely as an intermediary and does not deal with an applicant in the making of the refund anticipation loan. “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. “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. “Refund anticipation loan fee schedule” means a list or table of refund anticipation loan fees that (i) includes three or more representative refund anticipation loan amounts; (ii) lists separately each fee or charge imposed, as well as a total of all fees imposed, related to the making of a refund anticipation loan; and (iii) includes, 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.). “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.
History
This law was first created in 2006. The record of its establishment is cataloged in chapter 399 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. That modification is as follows: in 2010, chapter 794.
2006, c. 399, § 6.1-474; 2010, c. 794.