Terms and Conditions for Account and Tax Downloads into Tax Preparation Software
NEITHER YOUR BROKER, Wells Fargo Clearing Services, LLC, NOR ITS AFFILATIES (COLLECTIVELY, THE SERVICE PROVIDERS) PROVIDE TAX ADVICE. IT IS IMPORTANT THAT YOU CONSULT A PROFESSIONAL TAX ADVISOR REGARDING YOUR INDIVIDUAL TAX SITUATION. IT IS IMPORTANT TO UNDERSTAND THAT THE TAX INFORMATION IMPORTED FROM THE SERVICE PROVIDERS' ACCESS ONLINE TO TURBOTAX AND LACERTE PRODUCTS MAY NOT BE ALL OF THE INFORMATION REQUIRED FOR YOU TO PROPERLY COMPLETE THE INVESTMENT INCOME PORTION OF YOUR FEDERAL AND/OR STATE TAX RETURN. IT IS ESSENTIAL THAT YOU COMPLETE THE TURBOTAX AND LACERTE EASYSTEP INTERVIEW AND/OR REVIEW PROCESSES IN THEIR ENTIRETIES TO ENSURE THAT YOUR TAX INFORMATION IS CORRECTLY REPORTED TO THE IRS AND/OR THE STATE(S) TO WHICH YOU REPORT.
BE SURE TO VERIFY THE INFORMATION THAT YOU IMPORT WITH YOUR OWN RECORDS IN ORDER TO ENSURE ACCURATE AND COMPLETE REPORTING OF ALL REQUIRED TAX INFORMATION ON YOUR FEDERAL AND/OR STATE TAX RETURN(S). ALTHOUGH THE SERVICE PROVIDERS ARE PROVIDING THE TAX INFORMATION IMPORT AS AN ADDITIONAL SERVICE, THE SERVICE PROVIDERS DO NOT GUARANTEE THAT THE INFORMATION PROVIDED IS SUFFICIENT FOR TAX REPORTING PURPOSES, AND THE SERVICE PROVIDERS ARE NOT LIABLE FOR YOUR RELIANCE UPON OR USE OF THE IMPORT FEATURE OR THE DATA PROVIDED THROUGH SUCH FEATURE. IF YOU HAVE SPECIFIC QUESTIONS REGARDING THE PREPARATION OF YOUR TAX RETURN, CONTACT YOUR TAX ADVISOR, THE IRS, OR THE STATE(S) TO WHICH YOU REPORT.
Carefully Review All Information You Import With Your Records
With respect to The Service Providers’ Access Online clients, unless we otherwise notify you in writing, any information provided through the Site shall not be deemed to supersede or replace your 1099 tax forms or any "Amended" 1099 tax forms issued by us. In certain instances, the imported data may not accurately reflect the information needed for tax reporting. Be sure to compare the data you import into the TurboTax or LaCerte program against the printed 1099 tax forms and any supplementary tax information statements (including but not limited to Widely Held Mortgage Trust statements), as you may be required to add, modify, delete or otherwise act upon some or all of the information that you import. Certain information may be imported; however, you may be required to make an affirmative choice as to how it should be accounted for on your federal tax return.
TurboTax and LaCerte EasyStep® Interview/Review
It is important to understand that the tax information imported from The Service Providers' Access Online to your TurboTax and LaCerte return may not be all of the information required for you to properly complete the investment income portion of your tax return. It is essential that you complete the TurboTax and LaCerte Interview and/or Review processes in their entireties to ensure that all of the Access Online information is correctly reported to the IRS and/or the state(s) to which you report.
Be sure to verify the information that you import with your own records in order to ensure accurate and complete reporting of all required tax information on your federal and/or state tax return(s). Although The Service Providers are providing the tax information import as an additional service, The Service Providers do not guarantee that the information provided is sufficient for tax reporting purposes, and The Service Providers are not liable for your reliance upon or use of the import feature or the data provided through such feature. If you have specific questions regarding the preparation of your tax return, contact your tax advisor, the IRS or the state(s) to which you report.
About the Import Data
Your imported tax data is based on information known to The Service Providers and relates only to accounts that are registered with The Service Providers Access Online. The data is periodically updated to reflect adjustments as indicated on any subsequent "Amended" 1099 tax forms. The Service Providers support the import of data from IRS Forms 1099-DIV, 1099-INT, 1099-OID, 1099-MISC, closed tax lots for Schedule D completion. The imported data may not include all adjustments or information necessary in the preparation of your tax return, including but not limited to, a REMIC Form 1099-OID, Form 1099-C, or secondary market information for bonds.
The Service Providers provide the following information sources to help you complete your tax return. Tax information can be found online by logging into your brokerage account access, and selecting the Tax Center. We recommend that you read the following information that is updated annually:
- Tax Information Guide
- Understanding Your 1099 Statement
The import data containing your tax information is subject to amendment and, if applicable, The Service Providers will issue you "amended" 1099 tax forms. Much of the supplementary information related to Widely Held Fixed Investment Trusts (WHFITs) and Widely Held Mortgage Trusts (WHMTs) is not supported by TurboTax or LaCerte programming.
Alternative Minimum Tax
Your tax liability could be affected by interest received from private activity bonds. The tax information import from the Forms 1099-DIV or 1099-INT may not import all tax data necessary to compute your potential alternative minimum tax (AMT) exposure. If applicable to your situation, refer to your Wells Fargo Clearing Services, LLC Forms 1099-DIV and 1099-INT for tax-exempt dividends and interest. Bonds exempt from federal income taxes and subject to OID accrual reporting are subject to Form 1099-OID reporting only if you acquired the bond on or after January 1, 2017, and that bond was issued on or after January 1, 2014. Therefore, you would also review the "Supplemental Tax Statement" section of your printed tax package for OID accruals that are not subject to that reporting requirement. Consult your tax advisor and IRS Instructions for questions around the Alternative Minimum Tax for Individuals.
Cost Basis
Cost basis represents what you paid for your security, generally, the purchase price, subject to certain adjustments. Brokers are required to provide cost basis information only for certain specified securities, depending on when they were acquired by you and assuming they were acquired for cash in your account or received as part of a corporate action related to such “covered securities.” In order to ensure some consistency in cost basis reporting to the IRS by all brokers, only certain adjustments are required. Brokers do not adjust cost basis for accounting positions you may make on your tax return in consultation with your tax advisor.
For securities not purchased through Your Broker, the cost basis may be missing if the securities were purchased elsewhere and later transferred to Your Broker with no transfer statement or for which the transfer statement included no cost basis information because the prior broker or custodian indicated it was not a covered security. The Service Providers have no responsibility for such information.
The Service Providers provide cost basis information in the TurboTax and LaCerte download as a courtesy to our clients. As discussed above, this information may be missing or not reflect all adjustments which need to be made in order to accurately report gains or losses for tax reporting purposes. The Service Providers do not adjust cost basis for all events. Cost basis and capital gains/losses are reported on your Form 8949 and Schedule D. The Form 8949 also has several columns that allow you to adjust the basis we reported on a Form 1099-B and explain why based on your particular accounting positions and elections. For securities not purchased through Your Broker, the cost basis may be missing if the securities were purchased elsewhere and later transferred to Your Broker with no transfer statement or for which the transfer statement included no cost basis information because the prior broker or custodian indicated it was not a covered security. The Service Providers have no responsibility for such information.
You should verify the cost basis and acquisition date information provided in the download against your own records when determining the appropriate cost basis and acquisition date to be used. If the cost basis and/or acquisition date that was downloaded does not match your records or is missing, TurboTax and LaCerte software will allow you to modify any of the information which was downloaded from Wells Fargo Clearing Services, LLC.
When Wells Fargo Clearing Services, LLC provides the cost basis and acquisition date information associated with items on IRS Form 1099-B (Proceeds from Broker and Barter Exchange Transactions), it is your responsibility to verify and reconcile the cost basis and acquisition date information with the items on IRS Form 1099-B. Wells Fargo Clearing Services, LLC reports only the gross proceeds (less commissions) on the IRS Form 1099-B.
The cost basis and acquisition date information in the download is derived from transactions processed through The Service Providers or information supplied by you. Your Broker liquidates the position you acquired earliest first ("first in, first out," or "FIFO," method) unless you have instructed us otherwise.
Consult your tax advisor and IRS Instructions for Schedule D (Capital Gains and Losses) for additional information.
Cost Basis Supplied by the Client
The cost basis supplied in the TurboTax and LaCerte download may include cost basis provided by you, the client. The Service Providers are not responsible for the reporting of cost basis information for which the client supplied the cost basis information. The Service Providers provide cost basis and acquisition date information in the TurboTax and LaCerte download as a courtesy to our clients. However, this information may be missing or may not reflect all adjustments which need to be made in order to accurately report gains or losses for tax reporting purposes. You should verify the cost basis and acquisition date information provided in the download against your own records when determining the appropriate cost basis and acquisition date to be used when calculating gains and losses for tax reporting purposes. TurboTax and LaCerte software will allow you to modify any of the information which was downloaded from The Service Providers. Consult with your tax advisor, the IRS and relevant IRS publications for additional information.
Missing Cost Basis
If the cost basis and/or acquisition date is missing from some of your securities, it may be because the information was not available at the time the account was enrolled in our Gain/Loss system or because you transferred it to Your Broker from another financial institution. Please refer to your own tax records to accurately record the cost basis and acquisition date to supplement the sale information which will be imported into the TurboTax and LaCerte program.
Cost basis will not be supplied in the import process for certain securities, which include, but are not limited to, options activity that is not related to a specified security, sale of foreign rights for which the issuer provided no information to allow us to allocate basis, and cash in lieu of fractional shares and managed futures. We cannot provide cost basis for multiple sales of the same security on the same day. Please consult your tax advisor for guidance on reporting gain/loss information for sales of these types of investments.
Cost Basis Adjustments Associated with some Corporate Actions
The Service Providers make every effort to capture and process cost basis for securities that have been through a corporate action (i.e., merger, acquisitions, spin-offs and other reorganizations), particularly if the company or companies involved have provided an IRS Form 8937 that explains the cost basis impacts. Because some companies do not provide that form, or they provide no values or extremely vague information, the Service Providers cannot ensure the accuracy of the adjusted cost basis supplied in the TurboTax and LaCerte download. It is your responsibility to verify this data from your own tax records and correct the cost basis information in the TurboTax and LaCerte program as necessary. If you have questions regarding any adjustments to your initial basis, please consult with your tax advisor, the IRS and relevant IRS publications for additional information.
Fixed Income Securities
Based on the broker defaults included in the federal tax regulation that governs cost basis reporting, or customer elections that are different from those defaults, the Service Providers adjust the cost basis of corporate (taxable) bonds, municipal bonds, Treasury notes and bonds, and Federal Agency bonds for accretion and amortization, and this adjusted cost basis will be imported into the TurboTax and LaCerte program. You should refer to your own records to accurately adjust the cost basis information imported into the TurboTax and LaCerte program. Consult with your tax advisor, the IRS and relevant IRS publications for additional information.
Foreign Securities
Certain foreign securities may be considered to be Passive Foreign Investment Companies (PFIC) under the Internal Revenue Code. If you hold shares in a PFIC, the tax import will not correctly report the tax information required by the IRS for these securities; this may depend on shareholder-level tax elections. Consult your tax advisor and the IRS for additional information on tax elections and reporting requirements for shareholders of PFICs.
Cash Distributions from Sale of Foreign Rights
The Service Providers provide the cost basis for cash distributions to holders of American Depository Receipts (ADRs) made as the result of the sale of rights issued in foreign rights offerings only if the ADR bank or foreign company has provided that information, which rarely happens. Refer to your own records to add the cost basis information to the sale information imported into the TurboTax and LaCerte program. Consult with your tax advisor, the IRS and relevant IRS publications for additional information.
Foreign Tax Credit
You may be able to claim taxes paid to a foreign country as a deduction or as a credit on your federal tax return. You will need to make this election after you import your brokerage account tax information from The Service Providers Access Online. Generally, it is more advantageous to claim a credit on your return. Consult with your tax advisor, the IRS and relevant IRS publications for additional information.
Master Limited Partnerships
The tax information import does not contain any tax information for distributions paid to your brokerage account for Master Limited Partnerships. Cost basis related to these types of transactions is not supported in the TurboTax and LaCerte download. Refer to your own tax records to accurately record the cost basis information to supplement the sale information, which will be imported into the TurboTax and LaCerte program. You should receive a separate Schedule K-1, issued directly by the partnership and not the Service Provider. Consult with your tax advisor, the IRS and relevant IRS publications for additional information.
Short Sales
The IRS requires Wells Fargo Clearing Services, LLC to report short-sale transactions on Form 1099-B when that position is closed. If you had a short sale against the box (shorted a stock where you also held a long position), Wells Fargo Clearing Services, LLC will report cost basis information on that short sale using the cost basis of your long position on a first in, first out (FIFO) basis. Consult with your tax advisor, the IRS and relevant IRS publications for additional information.
State Income Tax Issues
The tax information import provided by The Service Providers Access Online is based on reporting requirements for your federal tax return. It is not meant to support state tax returns. If you are using this information to complete your state tax return through the TurboTax and LaCerte program or otherwise, obtain your state income tax reporting regulations to determine any adjustments or modification to the information provided. For example, tax-exempt municipal income and income derived from certain U.S. Treasury obligations may not be properly imported for the completion of your state income tax return. Consult with your tax advisor or your state taxing authority for additional information.
Tax Exempt Interest and Tax Exempt Dividends
Tax exempt interest is reportable on Form 1099-INT; Tax Exempt Dividends are reportable on Form 1099 DIV, therefore, this information will be included with your tax information import. If you are using this information to complete your state tax return, you may be required to determine any additional adjustments or modifications to complete your state tax return. Refer to your Wells Fargo Clearing Services, LLC 1099-INT tax forms for tax-exempt interest and 1099 DIV for tax-exempt dividends. Tax-exempt bonds subject to OID accrual reporting are included with your Form 1099-OID reporting only if the bond was acquired by you on or after January 1, 2017, and it was issued on or after January 1, 2014. Therefore, some OID accrual information may be located in the "Supplemental Tax Statement" section of your printed tax package.
Wash Sales
A wash sale occurs when shares are sold at a loss and, within 30 days before or after the sale, shares of the same security or a substantially identical security are acquired by you in the same or other accounts. If a wash sale occurs, the loss from the transaction is disallowed under the Internal Revenue Code. When a wash sale occurs, the amount of the loss is applied to the cost basis of the purchased shares that caused the wash sale. The wash sale rule applies across the calendar year. For example:
Realized losses from security sales late in December could be washed if you were to re-acquire the security within 30 days (in January the following year). Waiting until February 1 to reacquire the position would prevent your trading activity from invoking the wash sale rule.
The Service Providers are now required to apply the wash sale rule when reporting sales proceeds on the Form 1099-B, if you acquired the same security with the same CUSIP number in the same account within the period described above. Brokers are not required to apply to the rule if you acquire securities in other accounts. We suggest that you check your own records for all of your accounts to ensure you are correctly reporting any wash sale that may have occurred. You must carefully compare your records against the data that was imported to accurately record the cost basis for tax reporting purposes. TurboTax and LaCerte software will allow you to modify any of the information, which was downloaded from The Service Providers. Consult with your tax advisor, the IRS and relevant IRS publications for additional information.
Information About the TurboTax and LaCerte Program and Intuit
TurboTax and LaCerte is a software product published by Intuit Inc. The general terms and conditions for using the TurboTax and LaCerte program are contained within Intuit's TurboTax and LaCerte Terms and Conditions. You should read those Terms and conditions carefully.
Customer Status; Inquiries
In addition to remaining a customer of Your Broker, by ordering or using a copy of the TurboTax and LaCerte program, you will also become a customer of Intuit. Wells Fargo Clearing Services, LLC and Intuit are not affiliates or agents of each other. All inquiries and correspondence regarding Access Online and Your Brokerage accounts should be directed to Your Broker, not to Intuit. Intuit will answer questions from you about the TurboTax and LaCerte program in accordance with Intuit's standard customer service policies as posted from time to time at Intuit's web sites.
Privacy
The terms and conditions of Wells Fargo Clearing Services, LLC's and Your Broker's Privacy Policy as set forth in the general terms and conditions relating to your use of Access Online continue to apply to your use of Access Online for the download of tax information into the TurboTax and LaCerte program. The Service Providers do not, either expressly or through implication, bear any responsibility for privacy matters relating to your use of the TurboTax and LaCerte program.
Disclaimer of Warranty and Limitation of Liability
The information and data about your accounts that you access and analyze through Access Online, including the tax information you download into the TurboTax and LaCerte program, are provided "AS IS." From time to time, downloading tax information from Access Online into the TurboTax and LaCerte program may result in errors that cause such downloads to be incorrect. The Service Providers do not, either expressly or through implication, warrant this information and data or its download, display and analysis by using Access Online and the TurboTax and LaCerte program for any particular purpose and expressly disclaims any implied warranties, including, but not limited to, warranties of title, merchantability or fitness for a particular purpose. The Service Providers will not be responsible for any loss or damage that could result from interception by third parties of any information and data made available to you via Access Online. The Service Providers cannot and do not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you through Access Online for any particular purpose, including, without limitation, its download into the TurboTax and LaCerte program. Neither The Service Providers, nor any of their affiliates, directors, officers or employees, nor Intuit or any other third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of Access Online or the TurboTax and LaCerte program, or resulting from the act or omission of any other party involved in making available to you Access Online, the information and data accessed through Access Online, and the use of the TurboTax and LaCerte program or any other cause relating to your access to, inability to access, or use of Access Online or the TurboTax and LaCerte program, whether or not the circumstances giving rise to such cause may have been within the control of The Service Providers, Intuit or any other vendor providing software or services. In no event will The Service Providers, Intuit or any other such parties be liable to you for any direct, special, indirect, consequential or incidental damages or any other damages of any kind even if The Service Providers, Intuit or any other such party has been advised of the possibility thereof.
Proprietary Rights
Except as otherwise stated, all right, title and interest in Access Online and any content contained in Access Online is the exclusive property of Wells Fargo Clearing Services, LLC, and all right, title and interest in the TurboTax and LaCerte program is the exclusive property of Intuit. Unless otherwise specified, access to Access Online and the use of the TurboTax and LaCerte program is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in whole or in part any information software, products or services obtained from Wells Fargo Clearing Services, LLC, except for the purposes expressly provided herein, without Wells Fargo Clearing Services, LLC's prior written approval. If you download any information or software from Access Online or Intuit, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.
Wells Fargo Clearing Services, LLC is a service mark of Wells Fargo & Company. The Wells Fargo Clearing Services, LLC logo is a registered trademark/service mark of Wells Fargo & Company. Intuit, the Intuit logo, TurboTax and LaCerte and EasyStep are registered trademarks/service marks of Intuit. The names of actual companies and third party products mentioned herein may be the trademarks of their respective owners.
Choice of Law
This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be in an appropriate state or federal court located in the Commonwealth of Virginia and the parties unconditionally waive their respective rights to a jury trial. If for any reason a court of competent jurisdiction finds any provision of this agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to the effect the intent of this agreement, and the remainder of this agreement shall continue in full force and effect.