Improvements Are Needed to Ensure Oversight of and Increase Participation in the Free File Program

The Chief, Taxpayer Services, should at the start of each filing season, determine if any Free File Program partners have been identified or sanctioned for an unauthorized disclosure of taxpayer information and document actions taken to mitigate the potential risk to the Program.

The Chief, Taxpayer Services, should identify IRS personnel with the appropriate technical expertise to review the participating partners’ privacy disclosures and taxpayer consents each filing season to evaluate whether the format and content of written consents complies with Treas. Reg. 301.7216-3 and other IRS guidance.

The Chief, Taxpayer Services, should evaluate the feasibility of using additional avenues (such as letters, text messaging, and e-mails) to reach eligible Free File Program taxpayers. This should include determining if any of these avenues can be associated with increased participation.

The Chief, Taxpayer Services, should identify and incorporate appropriate qualitative and quantitative measures into the Free File Program communication plan that allow for evaluating the effectiveness of outreach efforts.

The Chief, Taxpayer Services, should consult with IRS Office of Chief Counsel to determine if the IRS can request the Free File Program partners to share responsibility for promoting the Program. If they can, the IRS should negotiate the terms with its Free File partners and revise the MOU accordingly.