Overview

Title

To amend the Internal Revenue Code of 1986 to allow a credit against tax for charitable donations for the creation or expansion of charter schools.

ELI5 AI

H.R. 2798 is like a plan that lets people pay less in taxes when they give money to special schools called charter schools, which are schools that have more freedom to teach in their own way. It helps people help these schools grow by giving them some money back on their taxes, but because of this, it might mean the government has a little less money for other things.

Summary AI

H.R. 2798, known as the “High-Quality Charter Schools Act,” proposes changes to the Internal Revenue Code of 1986. It allows U.S. taxpayers to receive a tax credit for 75% of their donations to eligible charter school organizations, up to certain limits. The bill sets criteria for which organizations qualify and specifies how funds must be used, emphasizing that contributions should support the creation or expansion of high-quality charter schools. Additionally, the bill ensures that these organizations maintain financial independence from government control while providing education.

Published

2025-04-09
Congress: 119
Session: 1
Chamber: HOUSE
Status: Introduced in House
Date: 2025-04-09
Package ID: BILLS-119hr2798ih

Bill Statistics

Size

Sections:
8
Words:
2,521
Pages:
13
Sentences:
49

Language

Nouns: 740
Verbs: 177
Adjectives: 211
Adverbs: 9
Numbers: 96
Entities: 148

Complexity

Average Token Length:
4.38
Average Sentence Length:
51.45
Token Entropy:
5.11
Readability (ARI):
28.55

AnalysisAI

General Summary of the Bill

The proposed legislation, referred to as the "High-Quality Charter Schools Act," aims to amend the Internal Revenue Code of 1986. The main focus of the bill is to offer a tax credit to individuals who make charitable donations to organizations involved in the creation or expansion of charter schools. The tax credit equals 75% of the donation amount, up to a limit of 10% of the individual's income or $5,000, whichever is more. The bill outlines specific criteria for organizations that qualify for these contributions and details how these funds should be managed and expended. Additionally, the bill sets a national volume cap on these tax credits at $5 billion annually beginning in 2026, with allocations to each state and provisions for unclaimed credits.

Summary of Significant Issues

The legislation introduces several complex issues that could impact its implementation and effectiveness. Firstly, the tax credit could potentially result in decreased federal revenue, which may affect public resources and funding. Additionally, there is concern that the bill might favor larger and more well-established charter schools, potentially leaving smaller schools at a disadvantage. The eligibility criteria for charter school organizations are complex and might lead to confusion or misinterpretation. Moreover, the uniform allocation of tax credits to states, regardless of their size or population, raises concerns about equitable distribution.

Further issues arise from the operational requirements, such as the mandatory full expenditure of donations within a set timeframe, which might be too strict for long-term planning. The lack of clear oversight or auditing mechanisms poses governance risks, potentially leading to misuse of funds.

Impact on the Public

Broadly, the proposed bill could encourage more donations to charter school organizations, potentially increasing the resources available to these educational institutions. This might enhance the quality and reach of education offered through charter schools, benefiting student populations by providing more options and potentially improved educational outcomes.

However, the introduction of a sizable tax credit and resulting revenue loss could mean less federal funding is available for other public needs, which might indirectly affect services and programs across the board. The inequity in state allocations could also mean that some states, particularly those with larger populations or greater educational needs, might not benefit as much from the credits.

Impact on Specific Stakeholders

Charter school organizations could benefit significantly from this legislation, as increased donations facilitated by the tax credit might offer more flexibility and resources for expansion or quality improvement efforts. Larger and higher-performing schools or management organizations may be better positioned to leverage these benefits, potentially widening the gap between them and smaller or less established charter schools.

On the other hand, individual taxpayers who participate in this program might enjoy the immediate financial benefit of reduced tax liability, provided they have the capacity to make sizable donations. For state governments and educational authorities, the uniform allocation of credits might pose challenges in resource distribution and prioritization, especially in states with higher educational demands.

In conclusion, while the bill provides opportunities for more robust involvement and investment in charter school development, its broader impact is tempered by complexities in its implementation and concerns over the equitable distribution of benefits and fiscal implications.

Financial Assessment

The proposed bill, H.R. 2798, seeks to amend the Internal Revenue Code of 1986 to introduce tax credits for charitable donations aimed at the creation or expansion of charter schools. Here's how the financial components of the bill are structured and their potential implications:

Tax Credits

Allowance and Limitations:

The bill allows American taxpayers to claim a tax credit worth 75% of their contributions to eligible charter school organizations. However, this credit is subject to a ceiling: it cannot exceed 10% of the taxpayer's adjusted gross income or $5,000, whichever is greater. This type of incentive aims to encourage individual financial support towards the expansion of charter schools.

Potential Issues:

  1. Decreased Federal Revenue: Offering such a tax credit could lead to reduced federal revenues. With individuals claiming these credits, there might be less tax income, which is a significant concern for public budgeting and resource allocation. This could potentially affect federal support for other educational and social programs.

  2. Favoritism towards Larger Organizations: The structure of these credits might inadvertently benefit larger or more established charter school organizations. Smaller organizations might find it challenging to compete with established networks, creating potential inequities in funding distribution.

Volume Cap and Allocation

The bill establishes a $5 billion annual volume cap for these tax credits starting in 2026, which is divided into two main components:

  • $10 million is allocated uniformly to each state. This allocation is irrespective of the state's size or population, ensuring every state gets the same base value of credits to distribute among its residents.

  • The remainder of the volume cap is distributed based on a first-come, first-serve basis. This approach could lead to unequal distribution, potentially disadvantaging states with higher populations or more significant educational needs.

Equity Concerns:

The fixed $10 million allocation per state may not equitably serve states of varying sizes and educational funding needs. Larger states with more residents and greater demand for charter school funding could find themselves at a disadvantage compared to smaller states.

Carryforward and Financial Implications

Taxpayers unable to use the full extent of their credit in a given year can carry unused credits forward for up to five years. While this provision provides flexibility to taxpayers, it introduces unpredictability in federal revenue planning. This situation complicates financial forecasting and the setting of future budgets, as tax liabilities can shift unpredictably across fiscal years.

Contribution Criteria

The bill restricts "qualified contributions" to cash or marketable securities. Excluding other potential forms of valuable contributions may limit the diversity of funding and reduce wider community participation. Allowing only specific types of donations could hinder the flexibility of charter schools to receive various supportive resources.

Expenditure Requirements and Independence

Charter school organizations must expend these contributions within a specific timeframe, with few allowances for savings or long-term planning. This stringent requirement could undermine schools' abilities to plan for future growth and stability. The bill seeks to maintain the autonomy of charter schools, which may face scrutiny due to the absence of detailed oversight or auditing provisions as specified in the bill.

These financial components reflect an ambition to bolster the charter school sector through incentivized donations, yet they also highlight challenges in equitable funding distribution and fiscal predictability that policymakers and stakeholders will need to navigate.

Issues

  • The tax credit introduced in Section 2 could result in decreased federal revenue, which may have significant fiscal implications for the federal budget. This is a substantial concern given the potential impact on public funding and resources.

  • Section 2 might unintentionally favor larger or more well-established charter schools or organizations, potentially creating inequities in funding and support for smaller charter schools. This political issue concerns fairness and accessibility.

  • The complex language and multiple criteria used to define 'eligible charter school organization' in Section 2 could lead to confusion and misinterpretation, affecting the clarity and uniformity of implementation, raising legal concerns.

  • The 'volume cap' allocation in Section 4 may lead to inequitable distribution of tax credits, as it allocates $10,000,000 uniformly to each state regardless of size or population, potentially disadvantaging larger states with greater educational needs.

  • The carryforward of unused credits for up to five years, outlined in Section 2, could lead to fiscal unpredictability and challenges in financial planning for both the government and organizations.

  • The allowance for only cash or marketable securities as 'qualified contributions' in both Sections 2 and 3 may exclude other forms of valuable contributions, potentially limiting funding diversity and community involvement.

  • The requirement for 100% expenditure of qualified contributions by the deadline in Section 3 may be overly stringent, hindering long-term planning and savings efforts by charter schools.

  • The lack of oversight or auditing mechanisms specified in Section 5 could lead to potential governance issues, risking misuse of the autonomy granted to charter school organizations.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the bill provides its short title, stating that the law can be referred to as the “High-Quality Charter Schools Act.”

2. Tax credit for contributions to eligible charter school organizations Read Opens in new tab

Summary AI

Individuals who are U.S. citizens or residents can receive a tax credit for donations they make to specific charter school organizations. This credit is equal to 75% of their donation but cannot exceed 10% of their income or $5,000, whichever is more, and certain conditions must be met for the organizations to qualify.

Money References

  • “(b) Amount of credit.—The credit allowed under subsection (a) in any taxable year shall not exceed an amount equal to the greater of— “(1) 10 percent of the adjusted gross income of the taxpayer for the taxable year, or “(2) $5,000.

25F. Contributions to eligible charter school organizations Read Opens in new tab

Summary AI

Under this section, U.S. taxpayers can receive a tax credit of up to 75% for donations made to eligible charter school organizations, but the credit can't exceed either 10% of their adjusted gross income or $5,000 per year. The section also outlines eligibility criteria for these organizations and specifies that any donation receiving a credit under this provision cannot be claimed again as a charitable contribution on tax forms.

Money References

  • (b) Amount of credit.—The credit allowed under subsection (a) in any taxable year shall not exceed an amount equal to the greater of— (1) 10 percent of the adjusted gross income of the taxpayer for the taxable year, or (2) $5,000.

3. Failure of eligible charter school organization to make expenditures Read Opens in new tab

Summary AI

In this section of the bill, the Internal Revenue Code is amended to introduce rules for eligible charter school organizations that fail to use their received contributions by a specified deadline. If a charter school organization does not spend their contributions by this deadline, the contributions made to them in the following year cannot be claimed as a tax credit. The section defines the "required expenditure amount", allows a safe harbor for administrative expenses, and details how contributions can be carried over to future years.

4969. Failure to expend receipts Read Opens in new tab

Summary AI

In this section, it is stated that if a charter school organization does not spend the required amount of its donations within a specified time, any contributions it receives the following year will not qualify for certain tax benefits. The required spending amount is the total donations minus reasonable administrative costs and any allowed carryover of up to 15% of those donations to the next year, with the spending deadline set as four years after receiving the contributions.

4. Volume cap Read Opens in new tab

Summary AI

In Section 4 of the bill, it sets a limit of $5 billion in tax credits available each year starting in 2026 for contributions made by individuals. Each state initially receives $10 million, which can be claimed by residents, and any remaining funds are available to anyone on a first-come, first-serve basis. If 90% of the credits are claimed, an additional 5% becomes available for the following year, and contributions are tracked in real-time.

Money References

  • (a) Allocation.— (1) IN GENERAL.—For purposes of section 25F(f) of the Internal Revenue Code of 1986 (as added by this Act), the volume cap applicable with respect to such section shall be $5,000,000,000 of tax credits for taxable years beginning in calendar year 2026 and each subsequent year thereafter, with such amount to be allocated as follows: (A) $10,000,000 of tax credits shall be allocated to each State (as defined in section 7701(a)(10) of the Internal Revenue Code of 1986), with such amount to be made available, in the manner described in subsection (b), for any individual residing in such State to claim the credit allowed under section 25F of the Internal Revenue Code of 1986 with respect to any qualified contributions (as defined in such section) made by such individual during any taxable year beginning during such calendar year. (B) With respect to the amount remaining after the allocation under subparagraph (A), such amount (as adjusted pursuant to paragraph (3)) shall be made available, in the manner described in subsection (b), for any individual to claim the credit allowed under section 25F of the Internal Revenue Code of 1986 with respect to any qualified contributions made by such individual during any taxable year beginning during such calendar year.

5. Organizational and parental autonomy Read Opens in new tab

Summary AI

The section focuses on maintaining the independence of eligible charter school organizations, ensuring they are not treated as agents of the government when participating in initiatives under this Act. It emphasizes granting these organizations the freedom to address their students' needs without government interference, and clarifies that specific definitions mentioned align with those in the Internal Revenue Code.

6. Effective date Read Opens in new tab

Summary AI

The changes made by this law will start to affect tax returns for any year that begins after December 31, 2025.