Understanding the Education Freedom Tax Credit
The Education Freedom Tax Credit is a new federal income-tax credit intended to encourage individual taxpayers to make qualifying cash contributions to nonprofit Scholarship Granting Organizations that fund K–12 scholarships. This page explains the statute in plain language. It is educational only and does not replace the statute, regulations, or professional tax advice.
The Credit at a Glance
- Maximum annual credit
- 0
- Refundable
- No
- Carryforward period
- 0
- State opt-in
- Required
Credit Versus Deduction — Why It Matters
The Section 25F benefit is structured as a tax credit, not a deduction. The distinction materially affects the value of a qualifying contribution to an eligible taxpayer.
A Deduction
- Reduces the amount of income subject to tax
- Value depends on the taxpayer's marginal tax rate
- A higher-bracket taxpayer generally receives more benefit per dollar contributed
- Often requires itemizing to claim
A Credit (Section 25F)
- Reduces federal income-tax liability dollar-for-dollar, up to the annual limit
- Value does not depend on the taxpayer's marginal tax rate
- Subject to the taxpayer's available federal tax liability for the year
- Nonrefundable, with a statutory carryforward for unused amounts
A credit generally provides a more direct, predictable benefit than a deduction of the same dollar amount, subject to the statutory limitations described below.
The $1,700 Maximum, Nonrefundability, and Carryforward
Up to $1,700 Per Year
Nonrefundable
5-Year Carryforward
Where a taxpayer also receives a state tax credit for the same contribution, the federal credit may be reduced to prevent duplicate benefit for the identical dollars contributed, consistent with the statute and pending guidance.
Why State Opt-In Is Required
Section 25F is a federal credit, but it operates through a state-election structure. A state or the District of Columbia must voluntarily elect to participate before contributions to SGOs in that state can support a federal credit claim.
Once a state elects to participate, it is responsible for identifying and listing the SGOs operating within it that satisfy the federal statutory requirements for the applicable year. Taxpayers should confirm that an intended recipient SGO appears on the current list for their state before contributing.
A state's non-participation, or removal of an SGO from its list, can affect whether a contribution supports a valid federal credit claim for that year.
From Enactment to the January 1, 2027 Start
- 1
Statute Enacted
Congress establishes the federal Education Freedom Tax Credit under Internal Revenue Code Section 25F, creating a nonrefundable individual income-tax credit for qualified contributions to eligible Scholarship Granting Organizations.
- 2
Treasury and IRS Guidance
Treasury and the IRS are expected to issue regulations and administrative guidance interpreting statutory terms such as "qualified contribution," "eligible student," and SGO qualification standards. This guidance remains pending.
- 3
State Elections
Each state and the District of Columbia may voluntarily elect to participate for a given calendar year and must identify the process for compiling its list of qualifying SGOs.
- 4
State SGO Lists Published
Participating states publish lists of SGOs that satisfy the federal statutory requirements, which contributors must use to confirm a recipient organization's eligibility.
- 5
Program Begins — January 1, 2027
Qualifying contributions made on or after the statutory effective date may be eligible for the federal credit, subject to state participation and SGO listing for the applicable year.
Who May Claim the Credit, and How SGOs Must Qualify
Individual Taxpayers
An eligible individual who makes a qualifying cash contribution to a listed SGO may claim the credit on a federal income-tax return, subject to the annual maximum, nonrefundability, and other statutory rules described above.
Qualifying SGOs
A Scholarship Granting Organization must satisfy a series of federal requirements to qualify and remain listed by a participating state.
- Be described in Section 501(c)(3)
- Be exempt from federal income tax
- Not be a private foundation
- Appear on a participating state's SGO list
- Maintain separate accounts for qualified contributions
- Prevent commingling with other funds
- Spend at least 90% of its income on scholarships for eligible students
- Provide scholarships to at least 10 students who do not all attend the same school
- Use scholarship funds only for qualified K–12 education expenses
- Verify household income and family size
- Give required priority to renewal applicants and qualifying siblings
- Avoid earmarking contributions for a particular student
- Avoid awards to disqualified persons
- Maintain required records and reporting
Qualified K–12 Education Expenses
SGOs generally may use scholarship funds only for qualified elementary and secondary education expenses, which may include:
- Tuition and fees — Tuition and required fees at an eligible elementary or secondary school.
- Academic tutoring — Qualifying tutoring delivered by an approved provider.
- Books and instructional materials — Curriculum, texts, and course materials.
- School supplies and equipment — Required supplies and academic equipment.
- Special-needs services — Qualifying services for students with documented needs.
- Computer technology and equipment — Devices used for qualifying instruction.
- Internet access and related services — Connectivity used for instruction.
- Certain uniforms — Required uniforms, where permitted.
- Certain transportation expenses — Transportation to and from instruction.
- Extended-day programs — Before- and after-school academic programs.
- Other qualifying supplementary educational services — Additional services confirmed by the participating SGO.
Documentation Taxpayers and SGOs Should Retain
- Written acknowledgment of the contribution from the SGO, including the date and amount
- Confirmation that the SGO appeared on the applicable state list at the time of the contribution
- Records showing the contribution was made in cash and was not earmarked for a specific student
- Any state tax credit documentation associated with the same contribution
- Records supporting carryforward amounts claimed in a later tax year