Yet even after this setback, the company remained steadfastly confident that its clout in Washington would win the day.
The prospect of TurboTax's growth was vast for another reason. As late as 2001, around 45 million Americans still filled out their tax forms on paper. For Intuit, those were all potential customers. McKay, for his part, when asked at a recent tax industry conference which Star Wars character he is, responded, "Darth Vader."
Intuit revved its new lobbying machine. Even before the OMB report was publicly released, a group of Republican lawmakers, led by TurboTax's hometown congressman, wrote to the agency arguing that there was no reason for the government to "compete" with the "well-established" private tax prep companies. Intuit's lobbyists also went above the OMB and pressed their case directly to the White House, Forman recalled.
Intuit, it turned out, did have a way. Since 1999, as part of the company's strategy to head off encroachment, TurboTax had been offering free tax prep to the poorest filers.It was a program that served to bolster the company's arguments that government intervention was unnecessary. Free File had another bright side: The companies could tailor their Free File offers so that they didn't cut into their base of paying customers. The agreement said the industry had to offer free federal services to at least 60% of taxpayers, but each company individually only had to cover 10% of taxpayers. Intuit and the others were free to limit their offers of free tax prep by age, income or state.
But the next year, Intuit began to lose control of its creation. A scrappy competitor, TaxAct, decided to use Free File to stand out. The company decided it would try to pick up as many new customers as possible and then charge them for ancillary services. Instead of following Intuit's lead and constraining its offer to a subset of low-income taxpayers, TaxAct went the opposite direction.
Intuit viewed the popularity of Free File as a serious threat and took its case to Congress. That year, Brad Smith, then a senior vice president at the company and head of TurboTax, told a House committee that "the current Free File Alliance program has drifted very far from its original public service purpose and objective," as he put it.
On paper, the program's eligibility had actually increased to 70% of taxpayers, or about 93 million households, up from the previous 78 million. But in practice, because broad, easy-to-understand offers were now barred, it was clear the program's use would decline. Confusingly, there were now two distinct options: the government-sponsored Free File and the commercial free editions.