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                                                                                                April 14, 2021

The Internal Revenue Service's Free File Program (FFP):

Current Status and Policy Issues


The option to electronically file (e-filing) federal individual
income taxreturns began in 1986. Since then its usagehas
grown considerably. As of 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 matter, the IRS would like to achieve an e-filing
rate of 100% because ofits 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 taxrefunds for individuals who had too much
income tax withheld or overpaid their taxduring a year.

An element ofthe IRS's strategy to promote e-filing is the
Free File Program(FFP). The programpermits individuals
with adjusted gross incomes (AGIs) at orbelow a specified
amount  ($72,000 for the 2020 tax year) to electronically
prepare and file their federal income taxreturns, free of
charge, using software providedby participating tax
software companies, which totaled ninecompanies at the
start of the 2021 filing season. The IRS provides a direct
portalon its website for qualified persons to file throughthe
FFP.

Since its creation in 2002, the FFP has sought to achieve
three goals:

  Simplify tax preparation and filing for economically
   disadvantaged and underserved taxpayers;

  Provide more services to taxpayers who normally file
   paperreturns; and

  Encourage further growthin e-filing by giving lower-
   income taxpayers the opportunity to file their returns
   free online through software provided by taxs oftware
   companies.

Origin  of the FFP
The FFP has its origin in two sources. One was the IRS
Restructuring andReformAct of 1998 (RRA, P.L. 105-
206). Among  other things, the RRA directed the IRS to
increase the share ofe-filed individualreturns to 80% by
2007, with assistance fromthe private sector. Achieving
this goalposed a significant challenge for the IRS, as the e-
filing rate was 23.5% in the 1998 tax year.

The second source was a directiveis sued in 2001 by the
Office of Management and Budget's (OMB's) Quicksilver
TaskForce  to implement President George W. Bush's E-
Government  Initiative. One of the 24 initiatives chosen by
the task force was theEZ Tax Filing Initiative. Its main
purpose was to help the IRS reach its 80% e-filing goalby
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2007 by making electronic taxprep aration and filing more
accessible to paper return filers without requiring themor
the federal government to pay for commercialtax services.
The key to success, senior Treasury officials thought at the
time, was for the IRS to establisha single pointofaccess
for lower-income taxpayers to free online taxpreparation
and filing services providedby taxsoftware 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
acces sed at no cost through WhiteHouse.gov. It soon
became  apparent that the IRS lacked theresources and
experience needed to efficiently launch such a project. To
circumvent these obstacles, in January 2002, Treasury
Secretary PaulO'Neill asked IRS Commissioner Charles
Ross etti to forma partnership with taxs oftware companies
to develop a systemforproviding free online tax
preparation and filing services for lower-income taxpayers.
The resulting private-public partnership was known as the
Free File Alliance (FFA).

Structure   and Evolution of the FFP
The FFP  began when the IRS signed an agreement with the
17 originalFFA member  companies on October 30,2002.

From  the start, 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 taxpreparation and filing software
through IRS.gov to at least60% 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 ofproviding free filing services to cover at least
10%  of individual taxreturns 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 cancelthe 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 notto compete in the
market for tax software. In return, member companies
.conress.qov

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