(A) Block undertakes to reimburse you, after you pay the IRS, for the amount of the penalty and interest paid by you that you would otherwise not have been required to pay, up to a maximum of ten thousand dollars ($10,000), due to either of the following three situations in connection with your use of the Tax Program, but only if you meet all of the conditions described in Section 6(B) below:
- The penalties and/or interest are assessed against you by the IRS for a 2016 tax year return due solely to an arithmetic error made by the Tax Program, and not to an incorrect entry of data or any other reason; or
- The penalties and/or interest are assessed against you by the IRS for a 2016 tax year return due solely to incorrect advice provided to you by Block on Block's secure message center board in connection with the Best of Both service and your reliance on that advice results in your payment of a penalty and/or interest to the (This excludes any communication with you by telephone or otherwise in connection with these services.)
- The penalties and/or interest are assessed against you by the IRS for a 2016 tax year return due solely to an error made by Block in the preparation of your tax return that results in your payment of a penalty and/or interest to the IRS when you paid Block to prepare and sign your tax return.
Block will reimburse you for penalties and/or interest paid by you in the above situations to state tax authorities only for those individual states for which you have paid Block for use of the state portion of the Tax Program and used such Tax Program to file the state tax returns. Under no circumstances will Block pay additional taxes due, unless you accept and pay an additional fee for the Peace of Mind® Extended Service Plan which is only available when you obtain certain Supplemental Services, and then only in accordance with the Peace of Mind® Extended Service Plan terms and conditions.
(B) Block will only pay the penalties and interest described above in Section 6(A) above, if all of the following conditions are met:
- The penalty or interest must not be due to an incorrect entry of data by you or any third party (including through any automated tax data import feature). The penalty or interest must not be due to your failure to follow instructions in the Tax Program, your failure to correct and resolve errors identified by the Tax Program, a claim for an improper or unsupportable deduction, a failure to report income, your failure to provide all necessary information to Block, or any other reason outside the control of Block.
- You notified H&R Block at HRB Digital LLC, Attn: H&R Block Calculations Guarantee Claims, P.O. Box 10435, Kansas City, MO 64171-0435 within thirty(30) days after you received a notice from any tax authority regarding your tax return. In addition, you timely sent Block complete documentation of the penalty and interest including all correspondence to and from each tax authority, a copy of your tax returns as filed with each tax authority, proof that you paid the penalty and/or interest, and any other relevant information Block reasonably requests.
- You took any action reasonably requested by Block, including filing an amended tax return if necessary, to limit any further penalties and interest from accruing.
- The penalty and interest was for a return filed before April 15, 2017, or if the filing date is properly extended, before August 15, 2017. However, if you filed your return late, Block will not pay interest from April 15, 2017 to the date you actually file your return.
- The penalty or interest pertains only to your individual tax return and not a business return.
- You have complied with all terms and conditions of this Agreement, including the license restrictions and you have not intentionally provided any false information in connection with your account registration or tax return.
- You paid the applicable fee, if any, to Block for license of the Tax Program(s) and any applicable Supplemental Services at the time of the initial filing or printing of your tax return.
- The penalty or interest must not be based upon incorrect advice you receive from Block that you knew was incorrect at the time that you filed your return.
- You will not receive a refund for any fee paid for the software at issue.
In no event will Block reimburse you for more than an aggregate of ten thousand dollars ($10,000) in interest and penalties owed to the IRS and any state revenue authorities based upon all tax returns you filed for the 2016 tax year, regardless of whether the tax returns are federal or state returns. THIS SECTION 6 STATES BLOCK'S ENTIRE OBLIGATION AND LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ANY ERRORS IN YOUR RETURN CAUSED BY THE TAX PROGRAM OR BY BLOCK. The rights and benefits afforded by the Accuracy Calculations Guarantee are personal to the original licensee of the Software and may not be assigned or otherwise transferred to any other party.