About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (March 31, 2022)

handle is hein.crs/govegcy0001 and id is 1 raw text is: Congressional Research Sernt
nfo rming Ih Ieg iltive d bat sin 'o 1914

Updated March 31, 2022
The Internal Revenue Service's Free File Program (FFP):
Current Status and Policy Issues

The option to electronically file (e-filing) federal individual
income tax returns began in 1986. Since then its usage has
grown considerably. By the end of December 2020, 89% of
returns for the 2019 tax year were e-filed. Nonetheless, 17.6
million paper returns were filed for that year.
As a policy objective, the IRS would like to achieve an e-
filing rate of 100% because of its advantages over paper
filing. Generally, e-filing has a lower cost for processing
returns and reduced error rates. E-filing also speeds up the
processing of tax refunds for individuals who had too much
income tax withheld or overpaid their tax during a year.
An element of the IRS's strategy to promote universal
individual income tax e-filing is the Free File Program
(FFP). The program permits individuals with adjusted gross
incomes (AGIs) at or below a specified amount ($73,000
for the 2021 tax year) to electronically prepare and file their
federal income tax returns, free of charge, using software
provided by participating tax software companies, which
totaled eight companies at the start of the 2022 filing
season. The IRS provides a direct portal on its website for
qualified persons to file through the FFP. Taxpayers with
AGIs above $73,000 can e-file their returns free of charge
through the same portal using Free File Fillable Forms.
Since its creation in 2002, the FFP has had three goals:
 Simplify tax preparation and filing for economically
disadvantaged and underserved taxpayers;
 Provide more services to taxpayers who normally file
paper returns; and
 Encourage further growth in e-filing by giving lower-
income taxpayers the opportunity to file their returns
free online through software provided by tax software
companies.
Origin of the FFP
The FFP has its origin in two sources. One was the IRS
Restructuring and Reform Act of 1998 (RRA, P.L. 105-
206). Among other things, the RRA directed the IRS to
increase the share of e-filed individual returns to 80% by
2007, with assistance from the private sector. Achieving
this goal posed a significant challenge for the IRS, as the e-
filing rate was 23.5% in the 1998 tax year.
The second source was a directive issued in 2001 by the
Office of Management and Budget's (OMB's) Quicksilver
Task Force to implement President George W. Bush's E-
Government Initiative. One of the 24 initiatives chosen by
the task force was the EZ Tax Filing Initiative. Its main

purpose was to help the IRS reach its 80% e-filing goal by
2007 by making electronic tax preparation and filing more
accessible to paper return filers without requiring them or
the federal government to pay for commercial tax services.
The key to success, senior Treasury officials thought at the
time, was for the IRS to establish a single point of access
for lower-income taxpayers to free online tax preparation
and filing services provided by tax software companies.
(The IRS did not achieve its 2007 e-filing goal until 2012,
when 83% of individual returns were e-filed.)
As a first step in implementing the EZ Tax Filing Initiative,
the IRS tried to develop a digitized version of Form 1040
and accompanying schedules and instructions that could be
accessed at no cost through WhiteHouse.gov. It soon
became apparent that the IRS lacked the resources and
experience needed to efficiently launch such a project. To
circumvent these obstacles, in January 2002, Treasury
Secretary Paul O'Neill asked IRS Commissioner Charles
Rossetti to form a partnership with tax software companies
to develop a system for providing free online tax
preparation and filing services for lower-income taxpayers.
The resulting private-public partnership was (and still is)
called the Free File Alliance (FFA).
Structure and Evolution of the FFP
The FFP began when the IRS signed an agreement with the
17 original FFA member companies on October 30, 2002.
There was a clear division of authority and responsibility
between the IRS and the participating companies.
The initial agreement required the companies to make
available at no cost their tax preparation and filing software
through IRS.gov to at least 60% of taxpayers ranked by
AGI. The companies retained complete control over the
scope of their free-file services and eligibility requirements,
with one exception: each member company had to be
capable of providing free filing services to cover at least
10% of individual tax returns filed for a year.
The IRS was responsible for enforcing member company
compliance with the terms of the agreement. As a result, the
agency was authorized to cancel the agreement with one
year's advance notice, if it determined that the companies,
over an extended period, were failing to provide adequate
or required coverage.
A key component of the agreement arguably involved a
trade-off between access to e-filing for paper filers and the
potential benefits of the IRS creating a direct filing option
for all taxpayers. The IRS pledged not to compete in the
market for tax software. In return, member companies
agreed to offer free electronic tax preparation and filing

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most