Overview

Title

To amend the Internal Revenue Code of 1986 to allow a credit against tax for charitable donations to nonprofit organizations providing education scholarships to qualified elementary and secondary students.

ELI5 AI

The "Educational Choice for Children Act of 2025" is a plan that lets people and companies pay less taxes if they give money to special groups that help kids go to school. But, it's important to make sure these groups are using the money correctly and fairly.

Summary AI

H. R. 833, known as the "Educational Choice for Children Act of 2025," proposes a tax credit for individuals and corporations that donate to nonprofit organizations providing education scholarships for elementary and secondary students. Eligible students must come from households earning less than 300% of the area median income. The bill defines what counts as educational expenses and sets rules for scholarship organizations, like providing scholarships to multiple students and conducting audits. It also includes provisions to prevent government control over scholarship organizations and private or religious schools.

Published

2025-01-31
Congress: 119
Session: 1
Chamber: HOUSE
Status: Introduced in House
Date: 2025-01-31
Package ID: BILLS-119hr833ih

Bill Statistics

Size

Sections:
9
Words:
4,593
Pages:
22
Sentences:
94

Language

Nouns: 1,348
Verbs: 333
Adjectives: 377
Adverbs: 24
Numbers: 130
Entities: 239

Complexity

Average Token Length:
4.35
Average Sentence Length:
48.86
Token Entropy:
5.35
Readability (ARI):
27.00

AnalysisAI

The "Educational Choice for Children Act of 2025" introduces a legislative amendment to the Internal Revenue Code, granting tax credits for charitable donations to organizations that provide education scholarships to qualified elementary and secondary students. The bill outlines precisely how these tax credits would work for both individuals and corporations and sets up detailed requirements for scholarship-granting organizations.

General Summary

The bill aims to incentivize donations to scholarship organizations by offering tax credits to individuals and corporations that contribute. An individual can receive a credit up to 10% of their adjusted gross income or $5,000, whichever is higher, while corporate contributions are capped at 5% of their taxable income. Importantly, the bill establishes a $10 billion annual volume cap for these credits, with a portion reserved for state-specific allocations.

Scholarship-granting organizations must adhere to various stipulations, including income verification of recipient families and restrictions on administrative spending. These organizations are required to distribute the vast majority of their received funds as scholarships, with specific allowances made for administrative expenses and future planning.

Significant Issues

One primary concern is the complexity of the bill's provisions, particularly regarding the carryforward of unused credits and determining eligibility both for credits and for receiving scholarships. The complexities could deter participation or lead to mistakes in tax filings. Moreover, the "first-come, first-serve" nature of accessing the volume cap favors those with resources to act quickly, potentially disadvantaging smaller entities or less-informed donors.

Another significant issue is the lack of oversight mechanisms. The bill does not sufficiently outline how compliance will be monitored or enforced, leaving room for possible misuse of funds by scholarship organizations. Additionally, defining "qualified contributions" and "qualified expenses" too broadly could lead to exploitation and an inefficient allocation of resources.

The requirement that no officer or board member of a scholarship organization can have a felony conviction, regardless of the time passed, might ignore potential rehabilitation. This aspect of the bill could unnecessarily exclude individuals who have reformed.

Broad Public Impact

For the general public, this bill has the potential for both positive and negative impacts. On the positive side, encouraging donations to education-focused charities could increase educational opportunities for students who might not otherwise afford them. However, the revenue loss from tax credits might impact public funding elsewhere, potentially resulting in higher taxes or reduced services for others.

The bill's complexity may have unintended consequences by creating barriers to understanding and participating in these tax credits, particularly for individuals without access to tax consultants or legal advice. This could limit the spread of the benefits intended by the bill.

Impact on Specific Stakeholders

Scholarship Granting Organizations: These entities may benefit significantly if they manage to comply with the bill's requirements. However, the lack of clarity in the bill concerning administrative costs and carryovers may become a source of disputes.

Taxpayers and Donors: While wealthy donors and corporations can substantially benefit from the tax credits, individuals in lower-income brackets might find the navigation through tax credits challenging, potentially putting them at a disadvantage.

Students and Families: Eligible students stand to gain educational opportunities from the increased availability of scholarships, particularly those from lower-income families. However, without careful oversight, there is a risk of inequitable distribution of these scholarships.

State and Federal Governments: The potential tax revenue loss could affect government budgets. Without oversight and measures to ensure proper allocation and compliance, governments could face the dual challenge of managing reduced revenues while ensuring educational outcomes.

In conclusion, while the "Educational Choice for Children Act of 2025" sets out to improve access to educational opportunities, it presents several challenges. Addressing the complexity and ensuring robust oversight will be crucial to its successful implementation and to avoid unintended negative consequences.

Financial Assessment

The bill H. R. 833, titled the "Educational Choice for Children Act of 2025," introduces a significant financial component targeting tax incentives for charitable donations aimed at educational scholarships. This analysis will focus on the financial references found within the bill and explore related concerns raised in the issues.

Financial Overview

The primary financial aspect of the bill is the tax credit system established for individuals and corporations who make donations to nonprofit organizations providing scholarships for elementary and secondary education.

  • Individuals: An individual can claim a tax credit equal to the total amount of their qualified contributions during a taxable year. However, this credit is capped at the greater of 10% of the taxpayer's adjusted gross income or $5,000. This gives donors a sizeable incentive to support educational scholarships financially.

  • Corporations: For corporations, the credit is capped at 5% of the taxable income for the taxable year. These restrictions aim to prevent excessive claims that could significantly impact federal revenue.

Key Financial Concerns

The financial allocations and credits proposed have some issues that need attention:

  1. Potential Revenue Loss: Offering these substantial tax credits could lead to a loss in government tax revenue. The bill caps individuals' credits at $5,000 and corporations' credits at 5% of taxable income, but the cumulative effect could still be notable, especially without strict accountability measures for the organizations receiving contributions.

  2. Volume Cap Distribution: The bill sets a volume cap of $10 billion per year for these credits, which the Secretary of the Treasury will distribute on a first-come, first-serve basis. This method might prioritize entities with quicker access to resources and information, potentially sidelining smaller organizations or less-informed contributors, leading to an unequal distribution.

  3. Complexity and Ambiguity: The sections detailing the carryforward of unused credit and defining what qualifies as contributions and expenses are complex and fraught with potential for misunderstandings or misuse. Particularly, without clear guidelines, it could allow for exploitation by those more adept at navigating tax codes.

  4. Oversight and Accountability: There is an apparent lack of thorough oversight mechanisms to ensure that the nonprofit organizations are complying with the financial rules, such as maintaining separate accounts and appropriately distributing funds. This absence creates a risk of financial mismanagement or misuse of funds intended for educational scholarship.

Implications for Educational Funding

While the incentive structure aims to foster educational opportunities through scholarships, its effectiveness could be hampered by the lack of checks and clarity. The broad definitions around what constitutes 'qualified contributions' and 'qualified educational expenses' may lead to the potential misuse of the tax credit system.

Moreover, the allowance for up to 15% carryover of total receipts from one year to the next might delay the intended immediate use of funds for scholarships, impacting timely support for students. Financial audits and rigorous compliance measures could mitigate this concern, but they are not prominently outlined in the current draft.

In summary, the bill seeks to leverage tax incentives to boost educational funding, but it needs enhanced accountability and clarity in its financial provisions to ensure funds are used effectively and equitably.

Issues

  • The bill allows for credits against taxes for contributions to scholarship granting organizations, which might lead to significant revenue losses without clear accountability measures for these organizations. (Section 25F)

  • The language in the carryforward of unused credit section is excessively complex, especially regarding limitations and how credits are treated on a first-in, first-out basis, making it difficult to understand for taxpayers without tax expertise. This complexity could deter participation or lead to errors in filings. (Section 2)

  • The volume cap allocation method of 'first-come, first-serve' may favor those with quicker access to resources and information, potentially disadvantaging smaller or less-informed entities. This might create an unequal playing field amongst applicants. (Section 3)

  • The lack of oversight mechanisms for verifying the compliance of scholarship granting organizations with various requirements, such as maintaining separate accounts for qualified contributions and ensuring appropriate distribution of funds, could result in misuse of funds. (Section 25F, 4969)

  • The definition and stipulations around 'qualified contributions' and 'qualified elementary or secondary education expenses' are broad and could potentially allow for abuse or misuse of funds, as they rely on cross-references and lack detailed guidelines. (Sections 25F, 45BB)

  • The exemption from gross income for scholarships granted to eligible students might lead to tax revenue loss without clear criteria provided for what constitutes a 'scholarship granting organization.' This could lead to potential financial abuses. (Section 4)

  • The requirement for no officer or board member of the scholarship granting organization to have a felony conviction lacks a time limit, which may not consider rehabilitation efforts, potentially barring individuals who have reformed. (Section 25F)

  • The bill does not address mechanisms for oversight or review of the Secretary's role in allocating volume caps or checking compliance for allocations to taxpayers, which might lead to favoritism or non-uniform distribution. (Sections 2, 3)

  • The ambiguity in defining 'reasonable administrative expenses' and the allowance for a 15% carryover of total receipts to the succeeding taxable year might be misused if not properly audited. This can lead to accumulation of funds not being used for scholarships. (Section 4969)

  • The emphasis on 'maximum freedom' and 'no governmental control' could lead to a lack of oversight and accountability for scholarship granting organizations, potentially leading to ethical or legal issues. (Section 5)

  • The bill allows organizations to carry up to 15% of total receipts to the succeeding taxable year, which may delay the distribution of funds intended for educational scholarships, impacting the timely support for students. (Section 4969)

  • The complexity and cross-referencing necessary to understand eligibility for scholarships and tax credits could deter participation from eligible individuals or lead to errors in understanding benefits. (Sections 25F, 139J, 5)

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 states that the Act will be officially named the "Educational Choice for Children Act of 2025."

2. Tax credit for contributions to scholarship granting organizations Read Opens in new tab

Summary AI

The text outlines a tax credit system for individuals and corporations who contribute to organizations that provide scholarships for elementary and secondary education. It establishes rules and limitations for the credit, defines what qualifies as a contribution, and sets requirements for scholarship-granting organizations, including income verification and the prohibition of self-dealing. The text also includes provisions for carrying forward unused credits and addresses failure of organizations to distribute funds appropriately.

Money References

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

25F. Qualified elementary and secondary education scholarships Read Opens in new tab

Summary AI

Individuals who are U.S. citizens or residents can receive a tax credit for donations to organizations that provide scholarships for primary and secondary school expenses. The credit has certain limits, including a maximum percentage of the individual's income and an overall cap set by the government, and it is reduced if the individual also receives credits on State tax returns. The bill also defines eligible students, the types of contributions that qualify, and the requirements for organizations that grant these scholarships.

Money References

  • 25F. Qualified elementary and secondary education scholarships. (a) Allowance of credit.—In the case of an individual who is a citizen or resident of the United States (as defined in section 7701(a)(9)), there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the aggregate amount of qualified contributions made by the taxpayer during the taxable year. (b) Limitations.— (1) IN GENERAL.—The credit allowed under subsection (a) to any taxpayer for any taxable year shall not exceed an amount equal to the greater of— (A) 10 percent of the adjusted gross income of the taxpayer for the taxable year, or (B) $5,000.

45BB. Contributions to scholarship granting organizations Read Opens in new tab

Summary AI

The section explains how corporations can earn an education scholarship credit based on the total qualified donations they make in a year. The credit cannot exceed 5% of the corporation's taxable income, and no double benefit is allowed, meaning expenses credited cannot also be deducted elsewhere. Additionally, contributions are only accounted for if they don't surpass the set volume cap.

4969. Failure to distribute receipts Read Opens in new tab

Summary AI

In this section, if a scholarship granting organization doesn't meet certain distribution requirements, any donations to it won't be counted as qualified contributions for tax benefits in the following year. The organization must distribute almost all of its receipts by a set deadline, but it can keep a small portion for administrative costs or carry over to the next year.

3. Volume cap Read Opens in new tab

Summary AI

The section outlines a $10 billion annual limit on tax credits for qualified contributions starting in 2026, with 10% evenly distributed among states. This cap is assigned on a first-come, first-serve basis, tracked in real-time, and can increase if 90% or more is utilized in a year, but it cannot decrease from the previous year. The term “State” also includes the District of Columbia.

Money References

  • In general.—For purposes of sections 25F(b)(2) and 45BB(e) of the Internal Revenue Code of 1986 (as added by this Act), the volume cap applicable under this section shall be $10,000,000,000 for calendar year 2026 and each subsequent year thereafter.
  • (d) Annual increases.— (1) IN GENERAL.—In the case of the calendar year after a high use calendar year, the dollar amount otherwise in effect under subsection (a) for such calendar year shall be equal to 105 percent of the dollar amount in effect for such high use calendar year.
  • (4) PUBLICATION OF ANNUAL VOLUME CAP.—The Secretary shall make publicly available the dollar amount of the volume cap in effect under subsection (a) for each calendar year.

4. Exemption from gross income for scholarships for qualified elementary or secondary education expenses of eligible students Read Opens in new tab

Summary AI

The text introduces a new section, 139J, to the Internal Revenue Code, which states that a person's gross income will not include money received for scholarships covering certain school expenses for eligible students, as long as these scholarships come from a recognized granting organization. This change will apply to funds received after December 31, 2025.

139J. Scholarships for qualified elementary or secondary education expenses of eligible students Read Opens in new tab

Summary AI

In Section 139J, it states that if a student receiving a scholarship for K-12 education expenses qualifies under certain conditions, the scholarship funds will not be counted as part of the family’s gross income. Specific definitions for terms like "qualified elementary or secondary education expense," "eligible student," and "scholarship granting organization" are detailed in another part of the law.

5. Organizational and parental autonomy Read Opens in new tab

Summary AI

The section ensures that scholarship organizations and private or religious schools have autonomy and are free from governmental control and mandates. Additionally, it protects the right of parents to use scholarships for private education, allows them to support the law's constitutionality in court, and clarifies that scholarship-related terms are defined elsewhere in relevant tax law.