Franchising Since: 1998
U.S. Headquarters: Virginia Beach, Virginia
Country of Origin: Canada
Estimated Number of Units: 2,090
Franchise Description: JTH Tax, LLC d/b/a Liberty Tax Service is the franchisor. The franchisor offers franchises to operate income tax preparation offices using its marks “Liberty Tax Service,” “Liberty Tax,” and “Liberty Income Tax,” any further marks it develops, and its proprietary business methods and marketing techniques in a specified geographic territory.
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Territory Granted: Franchisees will not receive an exclusive territory. However, the Franchise Agreement restricts the franchisor from operating a physical location of an income tax preparation service business using the Liberty name and marks described in the disclosure document within the territory. The geographic area granted in the territory will typically cover an area which generates approximately 7,000 to 8,500 paid federal tax returns based on IRS data coupled with population data. Franchisees agree that in the event of a mapping error, as determined by the franchisor, which results in a territory population which exceeds 35,000, the franchisor may re-size the territory.
Obligations and Restrictions: Franchisees must provide franchise services under their direct supervision and control and/or under the direct supervision and control of a full time on premises general manager who has successfully completed IOT and HOT and otherwise been approved by the franchisor in writing. Franchisees must comply with all federal, state and local laws and regulations. Franchisees must secure all necessary permits, certificates, licenses, and consents to operate their business. Franchisees must use their best efforts to promote the franchised business and agree to conduct the franchised business with sound business judgment, diligence and efficiency. Franchisees must open the franchised business by January 2 of each year. Franchisees are required to operate their franchised business during certain hours of the tax season and certain hours of the off season. For the duration of the franchise, franchisees cannot offer products or services through the franchise other than the franchise services, unless they receive prior written consent.
Term of Agreement and Renewal: The length of the franchise term is five years. The franchise can be renewed for successive five-year terms, if franchisees are not in default of any provision of the Franchise Agreement.
Financial Assistance: The franchisor may, in its sole discretion, provide financing to franchisees that may be used to finance a portion of the initial franchise fee, operating capital, or the initial franchise fee of additional territory purchases by existing franchisees. If franchisees own their franchise in a corporation, limited liability company (LLC) or partnership, the franchisor will not generally lend half or more of the initial franchise fee to them and it may be more difficult to obtain further financing from the franchisor later if requested. The franchisor does not have a written arrangement with a leasing company and does not receive payment for referring franchisees to a leasing company. However, it can refer franchisees to a company that provides leasing to qualified franchisees to finance furniture, fixtures, signs, equipment, and, to highly qualified franchisees, working capital and franchise fees.
Estimated Initial Investment
Name of Fee | Low | High |
Initial Franchise Fee | $25,000 | $25,000 |
Initial Advertising | $2,500 | $5,000 |
Travel and Living Expenses While Training | $1,000 | $2,500 |
Equipment & Furniture | $7,500 | $15,000 |
Signs | $2,500 | $5,000 |
Rent | $3,000 | $6,000 |
Payroll | $5,000 | $7,000 |
Insurance | $200 | $400 |
Additional Funds - 3 months | $3,000 | $4,500 |
ESTIMATED TOTAL (does not include royalties, advertising fees or interest expense) | $49,700 | $71,400 |
Other Fees
Type of Fee | Amount |
Royalties | 14% of gross receipts subject to the following minimums: First year – No minimum royalties. Second year – Minimum $5,000. Third year – minimum $8,000. Fourth and fifth year – Minimum $11,000. |
Advertising | 5% of gross receipts. |
Exclusion of Pre-Existing Clients | $5 per client. |
Interest | 12% |
Transfer Fee | $5,000 per territory. |
Commission Fee | 10% of the sales price, subject to a minimum of $5,000. |
Customer Refunds, Penalty & Interest, Unpaid Send a Friends | The amount of tax preparation fee, financial product fees, misdelivered check amount, penalty and interest, or unpaid Send a Friend or E-Send a Friend. |
Sales or Gross Receipts Tax | If required by the state or locality in which the territory is located, the initial franchise fee, royalties, and advertising fees will be subject to sales or gross receipts tax. |
Transmitter, Electronic Filing, Handling or Software Fee | $25.00 per easy advance for each approved loan. In California, $39.95 handling fee for each refund transfer. |
Set-Off | The amount the franchisee owes the franchisor for unbilled royalties or other amounts, which amount for the royalty can be in amount of 14% of gross receipts and advertising fee of 5% of gross receipts owed to Liberty from the gross receipts, plus an additional 25% for liquidated damages for the franchisee’s misconduct. |
Assessment Related to Understatement of Revenues and Failure to Comply | The costs of the review and interest of 12% per annum on the understated amount. |
Sublease Fee | Up to $1,000. |
Attorneys’ Fees and Costs | An amount equal to the franchisor’s costs and expenses. |
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