Us Congress 2025-2026 Regular Session

Us Congress House Bill HB451

Introduced
1/15/25  

Caption

Fostering Autonomy in Independent Returns by Prohibiting Redundant and Extralegal Programs Act of 2025 or the FAIR PREP Act of 2025This bill prohibits the Internal Revenue Service (IRS) from preparing federal tax returns or refund claims, with some exceptions. The bill specifically prohibits the preparation of federal income tax returns or refund claims through the IRS’s Direct File program. (The Direct File program currently allows qualified taxpayers in 25 participating states to prepare and electronically file free federal tax returns through a portal on the IRS’s website.)The bill defines prepare with respect to federal tax returns and refund claims as (1) the completion (in whole or in part) of any form or schedule for the purpose of calculating federal taxes or refunds, and (2) the filing (either electronically or on paper) of such federal tax returns or refund claims.However, under the bill, federal and state tax returns and refund claims may be prepared through the IRS’s Free File program (a program that allows certain taxpayers to prepare and file free federal and state income tax returns using third-party tax-preparation software) or the Volunteer Income Tax Assistance grant program (through which the IRS partners with local community organizations to help low-income and disabled individuals and persons with limited English proficiency prepare and file free federal and state income tax returns). Further, the Department of the Treasury may not award grants or enter into contracts or other transactions for the development or operation of an electronic tax preparation service.  

Impact

If enacted, the FAIR PREP Act could significantly alter the landscape of tax preparation in the United States. With the proposed amendments, the IRS would no longer be allowed to initiate or continue federal tax preparation programs that are seen as redundant or extralegal, mandating that taxpayers engage with independent service providers instead. This change is expected to promote individual responsibility in tax preparation while maintaining the integrity of the tax system. The effective date of these amendments is set to apply to returns filed after 30 days following the enactment of the Act.

Summary

House Bill 451, officially named the Fostering Autonomy in Independent Returns by Prohibiting Redundant and Extralegal Programs Act of 2025 (FAIR PREP Act), aims to amend the Internal Revenue Code of 1986 by prohibiting certain return preparation activities by the Secretary of the Treasury. The bill specifically restricts the Secretary from preparing tax returns or claims for tax refunds, effectively limiting the IRS's ability to operate electronic tax preparation services that would facilitate direct filing by taxpayers. This legislation seeks to ensure that taxpayers maintain autonomy in preparing their financial documents without the influence of government-operated systems.

Contention

One of the notable points of contention associated with HB 451 is its potential opposition to existing programs aimed at simplifying the tax filing process for American taxpayers. Critics may argue that inhibiting the IRS's ability to assist taxpayers through automated services could lead to confusion and discrepancies during tax season. Furthermore, the bill raises questions regarding access to tax preparation services, particularly among lower-income families who may struggle to afford professional assistance. This friction underscores the ongoing debate over the role of government in facilitating equitable tax compliance among diverse populations.

Congress_id

119-HR-451

Policy_area

Taxation

Introduced_date

2025-01-15

Companion Bills

US SB96

Identical bill Fostering Autonomy in Independent Returns by Prohibiting Redundant and Extralegal Programs Act of 2025 or the FAIR PREP Act of 2025This bill prohibits the Internal Revenue Service (IRS) from preparing federal tax returns or refund claims, with some exceptions. The bill specifically prohibits the preparation of federal income tax returns or refund claims through the IRS’s Direct File program. (The Direct File program currently allows qualified taxpayers in 25 participating states to prepare and electronically file free federal tax returns through a portal on the IRS’s website.)The bill defines prepare with respect to federal tax returns and refund claims as (1) the completion (in whole or in part) of any form or schedule for the purpose of calculating federal taxes or refunds, and (2) the filing (either electronically or on paper) of such federal tax returns or refund claims.However, under the bill, federal and state tax returns and refund claims may be prepared through the IRS’s Free File program (a program that allows certain taxpayers to prepare and file free federal and state income tax returns using third-party tax-preparation software) or the Volunteer Income Tax Assistance grant program (through which the IRS partners with local community organizations to help low-income and disabled individuals and persons with limited English proficiency prepare and file free federal and state income tax returns). Further, the Department of the Treasury may not award grants or enter into contracts or other transactions for the development or operation of an electronic tax preparation service.  

Previously Filed As

US HB10461

To set minimum standards for tax return preparers.

US HB474

Require Employees To Uniformly Return Now Act or the RETURN Act This bill prohibits Internal Revenue Service (IRS) employees from teleworking during the period beginning five business days after the enactment of this bill and ending on the date on which the IRS certifies that the processing backlog for income tax returns for all taxable years has been eliminated. The Department of the Treasury may not obligate additional funds for the IRS until the date on which the IRS certifies that the backlog has been eliminated.

US HB34

Assuring Medicare’s Promise Act of 2023 This bill increases net investment income tax revenues by applying such tax to the trade or business income of certain high income taxpayers and includes the increased tax revenues in the Federal Hospital Insurance Trust Fund.

US HB176

This bill allows a deduction from gross income (above the line deduction) for attorney fees and court costs awarded with respect to a qualifying wildfire disaster (i.e., any forest or range fire that is a federally declared disaster, occurs in a disaster area, and occurs in 2015 or later). The bill excludes from the gross income of a taxpayer, for income tax purposes, amounts paid to compensate victims for losses or damages in connection with a qualifying wildfire disaster.

US HB4667

Returning Erroneous COVID Loans Addressing Illegal and Misappropriated Taxpayer Funds Act RECLAIM Taxpayer Funds Act

US HB485

Protecting Health Care for All Patients Act of 2023 This bill prohibits all federal health care programs, including the Federal Employees Health Benefits Program, and federally funded state health care programs (e.g., Medicaid) from using prices that are based on quality-adjusted life years (i.e., measures that discount the value of a life based on disability) to determine relevant thresholds for coverage, reimbursements, or incentive programs.

US HB360

Require Employees To Uniformly Return Now Act or the RETURN Act This bill prohibits Internal Revenue Service (IRS) employees from teleworking during the period beginning five business days after the enactment of this bill and ending on the date on which the IRS certifies that the processing backlog for 2020 income tax returns has been eliminated. The Department of the Treasury may not obligate additional funds for the IRS until the date on which the IRS certifies the backlog has been eliminated.

US SB5457

A bill to amend the Internal Revenue Code of 1986 to allow a portion of general business credit carryforwards to be transferred by certain taxpayers affected by federally declared disasters.

US HB24

Federal Reserve Transparency Act of 2023 This bill establishes requirements regarding audits of certain financial agencies performed by the Government Accountability Office (GAO). Specifically, the bill directs the GAO to complete, within 12 months, an audit of the Federal Reserve Board and Federal Reserve banks. In addition, the bill allows the GAO to audit the Federal Reserve Board and Federal Reserve banks with respect to (1) international financial transactions; (2) deliberations, decisions, or actions on monetary policy matters; (3) transactions made under the direction of the Federal Open Market Committee; and (4) discussions or communications among Federal Reserve officers, board members, and employees regarding any of these matters.

US HB195

This bill provides states with the authority to name post offices located in the state. The bill makes exceptions with respect to federally named post offices.

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