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Adds a new section 139J to part III of subchapter B (chapter 1, Internal Revenue Code) excluding from gross income amounts provided to a dependent pursuant to a scholarship for qualified elementary or secondary education expenses of an eligible student provided by a scholarship granting organization; defines terms as having the same meaning as under section 25F(c).
Amends the table of sections for part III of subchapter B by inserting a new item for the newly added section before the item relating to section 140.
Adds a new section 25F to subpart A of part IV of subchapter A (chapter 1) establishing a tax credit for qualified contributions to scholarship granting organizations and related definitions, limitations, carryforward, volume cap, and organization requirements.
Amends section 25(e)(1)(C) by inserting a reference to new section 25F (striking "and 25D" and inserting "25D, and 25F").
Adds a new subchapter at the end of chapter 42 (clerkical addition of new subchapter related to failure of scholarship granting organizations to make distributions) and updates the table of subchapters accordingly.
Referred to the Committee on Ways and Means, and in addition to the Committee on Education and Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Introduced January 28, 2025 by Adrian Smith · Last progress January 28, 2025
This proposal would give a federal income tax credit to people who donate cash or stock to tax‑exempt groups that provide K-12 education scholarships. The credit lowers the taxes you owe, up to the larger of $5,000 or 10% of your adjusted gross income each year; if it’s bigger than your tax bill, you can carry the extra forward for up to five years. Scholarships from these groups would not be taxed as income. A nationwide $5 billion limit on credits would apply each year from 2025–2028 (it could be raised in some cases). The Department of the Treasury would give out credits based on when the donation is made, with 10% of the yearly limit split evenly among states for their residents. The bill also sets rules for scholarship groups, including distributing donations within a set time, and says government officials can’t block or discourage families from using these scholarships at private or religious schools. Overall, it creates a tax credit for donations to nonprofits that award K-12 scholarships.
Key points
Referred to the Committee on Ways and Means, and in addition to the Committee on Education and Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Introduced in House