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Updated January 26, 2023
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. As of October 28, 2022, nearly 92% of
such returns for the 2021 tax year had been e-filed.
E-filing has advantages for both tax administrators and
taxpayers. Generally, e-filing substantially lowers the cost
of processing returns and leads to fewer error rates. E-filing
also speeds up the processing of tax refunds for individuals,
allowing them to receive refunds sooner than they would if
they were to file a paper return.
The IRS has been actively promoting e-filing for
individuals, businesses, and tax practitioners since the late
1990s. A key element of this strategy is the Free File
Program (FFP). The program permits individuals,
regardless of filing status, with adjusted gross incomes
(AGIs) at or below a specified amount ($73,000 in the 2022
tax year) to e-file their federal income tax returns, free of
charge, using software provided by participating tax
preparation companies; there are seven such member
companies at the start of the 2023 filing season. The IRS
provides a secure portal on its website for eligible taxpayers
to access the FFP. Taxpayers with AGIs above the FFP
limit may e-file their returns, free of charge, through the
same portal using Free File Fillable Forms, which are
electronic versions of tax forms and schedules.
Origin of the FFP
The FFP has two sources. One was the IRS Restructuring
and Reform Act of 1998 (RRA, P.L. 105-206). The act
directed the IRS to increase the share of e-filed individual
returns to 80% by 2007, with assistance from the private
sector. The e-filing rate was 23.5% in 1998.
A second source was a 2001 directive issued 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. It was
intended to help the IRS achieve an 80% individual e-filing
rate by 2007 by making electronic tax preparation and filing
more accessible to paper return filers through a partnership
with the private sector.
The key to success, according to senior Treasury officials
involved in the initiative, was that the IRS establish a
single point of access for lower- and middle-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.)

To implement the EZ Tax Filing Initiative, the IRS first
tried to develop digitized versions of Form 1040 and
accompanying schedules and instructions that could be
accessed at no cost through WhiteHouse.gov. When it
became apparent that the IRS lacked the resources and
expertise needed to complete such a project anytime soon,
Treasury Secretary Paul O'Neill asked IRS Commissioner
Charles Rossetti in January 2002 to form a partnership with
tax software companies to develop a free online filing
system that would be managed by the IRS for low-income
taxpayers, who were most likely to file paper returns. The
resulting private-public partnership was initially called the
Free File Alliance (FFA); it is now known as Free File, Inc.
(FFI).
Structure and Evolution of the FFP
The FFP began when the IRS signed an agreement with the
17 original FFI member companies on October 30, 2002. It
laid down 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 services
through IRS.gov to at least 60% of taxpayers, ranked by
AGI. The companies retained complete control over the
services they provided and eligibility requirements based on
age, income, and state residence. To join the program, each
company had to be capable of providing free filing services
to at least 10% of individual filers.
Under the agreement, the IRS was responsible for enforcing
member company compliance with the terms of the
agreement. The agency could cancel the agreement with
one year's advance notice, if it determined that most
member companies were not providing adequate coverage.
A key element of the agreement was an IRS pledge to
refrain from competing in the commercial market for tax
filing and preparation. Keeping the IRS out of that market
was a major objective of member companies. In return,
member companies agreed to provide free electronic tax
preparation and filing services to low- to middle-income
taxpayers, giving the IRS another avenue for expanding
individual e-filing.
The IRS and FFI have extended and revised the original
agreement five times. These subsequent agreements are
linked to nine memoranda of understanding (MOU).
The second agreement (2005) reduced the range of free
services a company could offer to eligible taxpayers,
limited the share of eligible taxpayers a single company
could serve to 50%, and increased the share of taxpayers

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