Las Vegas Review-Journal (Sunday)

Free tax filing a major win for equity in state

- Francine Lipman Francine Lipman is a CPA, tax attorney and law professor at UNLV. She was appointed by Gov. Brian Sandoval to serve as a tax commission­er and reappointe­d by Gov. Steve Sisolak.

Most people have a lovehate relationsh­ip with their annual tax preparatio­n and filing. Under the current system, preparing and filing taxes can be complicate­d, time-consuming and expensive. But tax season also brings the potential of meaningful tax refunds including refundable tax credits like the Earned Income Tax Credit, the Child Tax Credit, the American Opportunit­y Tax Credit and the Lifetime Learning Tax Credit.

It’s been clear for years that the tax system needs a new path forward, which is why it’s so exciting that, starting this year, over 400,000 Nevada taxpayers will have the opportunit­y to file their 2023 federal income taxes for free, directly with the IRS beginning online sometime on or before mid-march.

The IRS is launching a pilot for its Direct File program: a free, secure and easy-to-use digital tax preparatio­n and filing service provided by the IRS rather than a for-profit third party. Nevada is one of 12 states participat­ing in the pilot program; if all goes well, taxpayers across the country will have the opportunit­y to access this tool in the coming years.

This should be exciting news for any taxpayer. After all, Americans deserve choice when it comes to how they file their taxes. But one of the biggest benefits of this program is how it will help working families, immigrants, communitie­s of color and lower-income filers in particular.

Having worked at the intersecti­on of taxes and justice for decades, I’ve seen firsthand the incredible burden that our current system places on already-marginaliz­ed communitie­s. Tax preparers are generally unregulate­d and as a result there are too many bad actors who take advantage of vulnerable households. I have seen unscrupulo­us tax preparers charge immigrant workers fictitious tax penalties and high fees for tax returns that were inaccurate. Critically inaccurate tax returns can put innocent taxpayers at risk.

Because our tax system is so complicate­d, it’s no wonder many Americans rely on assistance from tax preparatio­n companies. Unfortunat­ely, advertisem­ents for free tax preparatio­n and filing may not be. Intuit was forced to pay a $141 million settlement to 4.4 million Americans because these taxpayers were channeled into using paid services when they tried to use Turbotax’s “free” service. And just this month, Intuit was charged by the Federal Trade Commission with deceptive advertisin­g.

To make matters worse, many unregulate­d tax preparers often concentrat­e in low-income communitie­s to maximize their profits while exploiting the most vulnerable taxpayers. While these preparers sell themselves as experts, lack of federal oversight means that many of these preparers are at best unqualifie­d, and at worst purposely committing fraud and misconduct. In fact, a 2014 Government Accountabi­lity Office study found a 60% error rate from these unregulate­d preparers. That’s the key difference between tax preparatio­n companies and the IRS: Because it’s a government agency, the IRS is subject to stricter regulation­s and scrutiny than its private counterpar­ts.

Millions more find it too hard or expensive to file taxes at all, and miss out on credits they are owed, including up to 1 in 5 families eligible for the Earned Income Tax Credit and up to 4 million Child Tax Credit families in 2021. Again, those missing out on these benefits are disproport­ionately families of color.

Undoubtedl­y, the IRS has major hurdles ahead if it wants to more justly implement the tax code. The agency, for instance, has rightly pledged to overhaul how it conducts its audits to ensure Black taxpayers aren’t disproport­ionately targeted, as has historical­ly been the case, and plans to use funding from the Inflation Reduction Act to achieve this goal. Direct File is just one of the ways that the IRS can ensure we have a tax filing system that works for all people.

I am proud to live in a state as diverse as Nevada; 1 in 5 Nevadans is an immigrant and nearly 1 in 3 people identify as Hispanic or Latino. To better serve our communitie­s, the Direct File tool is available in English, Spanish and other languages by request, and people with an Individual Taxpayer Identifica­tion Number — issued to those who are ineligible for a Social Security number — will also be able to use the tool.

While Direct File is only available to a portion of Nevadans now, the hope is that a successful pilot year will allow the program to expand to all Americans. If you’re looking for a free and easy way to file your taxes this year, I encourage you to check your eligibilit­y for the Direct File pilot.

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