The income limit is contractual, which explains its otherwise puzzling behavior. No statute sets it. The terms of the program are governed by a memorandum of understanding between the IRS and the partner organization, and Treasury records what that document does: the memorandum "sets an annual income limit intended to make approximately 70 percent of taxpayers eligible to use Free File to file their federal income tax return." Two consequences follow that matter to anyone checking eligibility. The figure moves on a filing-season cadence rather than a tax-year one, so it will not be found in a revenue procedure alongside the year's contribution limits and bracket thresholds. And because it is set by reference to a coverage target rather than to an inflation index, it can move by an unfamiliar amount from one season to the next. The current figure is published on the IRS Free File page on IRS.gov each season.
The agreement has a term, and it runs into the next decade. Treasury's October 2025 report records that the program operates under the Ninth Memorandum of Understanding on Service Standards and Disputes, and that "An April 30, 2024, Amendment to the Ninth Memorandum of Understanding extended the terms of the ninth MOU to October 31, 2029." That is the durable fact behind questions about whether the program is going away. It is under contract for several more filing seasons.
Three things a first-time user should know before starting. The first is the entry point. The IRS is unambiguous: "always go through the IRS.gov site to access the IRS Free File tax preparation software. You won't get IRS Free File if you go directly to a partner's commercial website." The same company's ordinary product, reached by its own front door, is a paid product. Second, each provider may set its own additional criteria on top of the income limit, such as age limits, military status, or a lower income cutoff of its own, though collectively the providers must make at least one federal return option available to every eligible taxpayer. The IRS tool on the entry page matches filers to providers on those criteria. Third, state returns are not covered the way federal returns are: state coverage is required only in states that participate in a State Free File Program, and where a provider offers a state return the income limits or scope restrictions may be tighter than the federal ones. Treasury notes this is why some users perceive that the program is "not truly free."
What providers may not do is the part that makes it a genuine free offering. Treasury records that although providers may charge for state filing, "they are prohibited from charging for add-on services or engaging in other sales activity," and that they "are barred from offering other services to Free File users beyond federal and state return preparation and submission." That restriction is what separates the program from a free tier that exists to upgrade the customer partway through.
Take-up is a small fraction of eligibility, which is the most striking number in the program's history. For tax year 2024, Treasury estimated that approximately 98 million tax units were eligible to use Free File, while about 2.7 million returns had been filed through it as of August 1, 2025. That is under 3% of those eligible. Neither the filer nor the federal government pays for the software, so the gap is a question about awareness and entry point rather than about cost. (The count of participating companies is not fixed; eight took part as of Treasury's October 2025 report, and the current list is on the IRS Free File page.)