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 to give people money back on their taxes when they donate to groups that help pay for kids' school costs, like books or tuition. The goal is to help students from families with less money go to better schools without the government deciding where they can go.
Summary AI
S. 292, the ‘Educational Choice for Children Act of 2025,’ proposes changes to the Internal Revenue Code to provide tax credits to individuals and corporations that make charitable donations to nonprofit organizations offering education scholarships. These scholarships help students from lower-income families pay for expenses related to attending elementary and secondary schools, including tuition, materials, and educational therapies. The bill seeks to ensure these scholarship programs operate with financial oversight and prohibits government control over the participating institutions and organizations. Additionally, it ensures that scholarships can be used at private and religious schools without government interference or discrimination.
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AnalysisAI
The "Educational Choice for Children Act of 2025" aims to amend the Internal Revenue Code of 1986, primarily focusing on providing tax credits for charitable contributions to organizations that grant educational scholarships. This proposed legislation is designed to benefit individuals and corporations that donate to scholarship-granting organizations, ultimately aiding qualified elementary and secondary students in accessing educational opportunities.
General Summary of the Bill
The bill proposes a system where U.S. citizens and corporations can receive tax credits for making qualified contributions to organizations providing educational scholarships to students. These scholarships help cover various education-related expenses such as tuition, books, and other educational materials. For individuals, the credit is limited to a certain percentage of their income or a dollar amount, and corporations can claim a credit up to 5% of their taxable income. The legislation also sets an annual volume cap of $10 billion on these tax credits, which is allocated on a first-come, first-serve basis.
Additionally, the bill introduces tax exemptions for scholarship funds used for education expenses and ensures that scholarship organizations and schools have autonomy from government control. It also protects the rights of parents to use scholarships for private and religious schooling.
Significant Issues
Several notable issues arise from the bill:
Volume Cap and Allocation Methods: The bill's reliance on a "first-come, first-serve" volume cap for tax credits might favor entities with quicker access to necessary information and resources, potentially disadvantaging less informed or smaller donors.
Impact on Smaller Organizations: New or small scholarship-granting organizations might struggle with compliance due to the considerable administrative requirements, such as independent audits and rigorous income verification processes.
Complexity and Potential Ambiguity: The bill includes intricate details concerning the allocation of tax credits and defines terms such as "qualified contributions" and "reasonable administrative expenses." Such complexities could lead to misinterpretations and require further clarification from the IRS.
Impact of State Tax Credits: The legislation's reduction of federal tax credits based on state credits adds complexity and could discourage contributions in states without similar credit programs, potentially creating disparities.
Potential Socioeconomic Implications: The criteria defining an "eligible student" may lead to inconsistencies due to variations in household income metrics across different regions, affecting uniform access to opportunities.
Impact on the Public and Stakeholders
Broadly, the bill could positively impact the public by encouraging charitable donations and expanding educational opportunities for students needing financial aid. However, its complex framework might be challenging for taxpayers to navigate without expert guidance.
Positive Impacts: - Donors: Individuals and corporations may benefit from tax incentives, potentially increasing philanthropic activities and fostering greater community involvement in education. - Qualified Students: Students from households with limited financial resources could gain increased access to educational opportunities and support through scholarships, aiding in reducing educational inequities.
Negative Impacts: - Smaller Organizations: These entities might face financial and administrative burdens due to audit requirements and income verification processes, potentially limiting their capacity to function effectively. - Lower-Income Individuals: Though the bill intends to aid lower-income families, those not qualifying due to complex regional income thresholds or those residing in states without matching tax credits might benefit less.
In conclusion, while the "Educational Choice for Children Act of 2025" introduces potentially beneficial tax incentives that could increase educational support through scholarships, its successful implementation relies heavily on clarifying numerous procedural details and ensuring equitable access across diverse communities.
Financial Assessment
The Educational Choice for Children Act of 2025 proposes significant financial implications, primarily through tax credits for charitable donations. Here's a breakdown of the financial elements and associated issues:
Tax Credit Limits and Conditions
The bill introduces a tax credit to individuals which cannot exceed either 10% of their adjusted gross income or $5,000 per year, whichever is greater. For corporations, the credit is capped at 5% of their taxable income. These limits aim to incentivize donations while setting reasonable caps to manage fiscal impact. However, issues arise from these restrictions:
Regional Variability in Eligibility: The qualification for an 'eligible student' is based on household income relative to the area's median income. This could result in inconsistencies, as median incomes can vary greatly between regions, affecting who qualifies for these scholarships.
Reduction Based on State Credits: The federal tax credit will be reduced by the amount of any state credits received, adding complexity and potentially discouraging donations in states without such credits.
Volume Cap and Allocation
A volume cap is set at $10 billion annually, distributed on a first-come, first-serve basis. This allocation method raises concerns:
Fairness and Access: The first-come, first-serve system might favor those with better access to resources and information, potentially disadvantaging smaller or less-informed entities. This could exacerbate existing disparities in educational funding.
Annual Increases and Complexity: The cap can increase annually by 5% if a "high use calendar year" occurs, meaning 90% or more of the cap is allocated. The language regarding this process is complex, making it difficult for ordinary citizens to fully understand and plan around these financial rules.
Oversight and Financial Burden
The bill mandates that scholarship granting organizations undergo independent audits and verify student eligibility, incurring potentially significant costs:
Financial and Administrative Burdens: Smaller or newer organizations might struggle with the cost and administrative burden of annual audits by independent certified public accountants. This requirement, while aimed at ensuring transparency and accountability, could deter smaller entities from participating.
Definition of Administrative Expenses: The bill allows organizations to retain receipts for administrative expenses but doesn't precisely define "reasonable" expenses. This lack of clarity can lead to disputes or misreporting, increasing the risk of financial misuse.
Carryforward of Unused Credits
Unused credits can be carried forward for up to five years, but this may not be enough time for all taxpayers to utilize them based on fluctuating financial situations. This limitation might restrict the long-term financial planning of individuals who wish to make contributions over an extended period.
In summary, while the bill aims to promote charitable contributions to scholarship organizations through financial incentives, its implementation raises potential issues of fairness, complexity, and administrative burden, particularly impacting smaller entities and different regions unevenly.
Issues
The requirement for scholarship granting organizations to meet certain criteria could be overly burdensome, particularly the need for independent audits and verification of incomes, which may disproportionately affect smaller or newer organizations (Section 2, SEC. 25F(d)).
The definition of 'eligible student' relies on household income relative to the area median gross income, which may vary widely across different regions and could lead to inconsistencies in who qualifies (Section 2, SEC. 25F(c)(1)).
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 (Section 3).
The five-year limitation on carryforward of unused credits may not be sufficient for all taxpayers to fully utilize them, depending on their financial situation (Section 2, SEC. 25F(f)).
The reduction of federal credit based on state tax credits introduces complexity and could discourage contributions in states without such credits (Section 2, SEC. 25F(b)(3)).
Ambiguities exist related to the terms 'qualified contributions' and 'volume cap', potentially leading to misinterpretations about the limitations and requirements for contributions (Sections 3 and 45BB).
The audit requirement by an 'independent certified public accountant' on an annual basis may impose significant financial burdens on smaller scholarship granting organizations (Section 2, SEC. 25F(d)(1)(F)).
The language concerning the 'annual increases' and 'high use calendar year' for the volume cap is somewhat complex and may be difficult for laypersons to comprehend without legal or financial expertise (Section 3).
The term 'reasonable administrative expenses' is subject to interpretation and might lead to disputes over what expenses qualify, risking potential misuse or misreporting by organizations (Section 4969).
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 bill introduces tax credits for individuals and corporations that contribute to scholarship-granting organizations, encouraging the support of students' education expenses. It specifies limitations on credit amounts, requires scholarship-granting organizations to distribute funds appropriately, and sets rules to ensure contributions are used for qualified educational purposes, effective for tax years ending after December 31, 2025.
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
The text outlines a tax credit available to U.S. citizens or residents for qualified contributions made to organizations that offer elementary and secondary education scholarships. The credit has specified limits and conditions, such as not exceeding a certain percentage of income or a dollar amount, adherence to volume cap allocations, and reductions based on state credits. It defines key terms like eligible student, qualified contribution, and scholarship granting organization, and further describes the requirements these organizations must meet to offer scholarships, including financial audits and income verification. Additionally, it clarifies how unused credits can be carried forward to future tax years.
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.
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.