New
collection (Request for a new OMB Control Number)
No
Emergency
12/05/2025
11/25/2025
Requested
Previously Approved
6 Months From Approved
51
0
37
0
0
0
Section 25F of the Internal Revenue
Code (IRC) allows for State to voluntarily elect to participate in
advance of providing to the Internal Revenue Service (IRS) a list
of the scholarship granting organizations (SGOs) that meet the
requirements of IRC section 25F(c)(5) and are located in the State.
Form 15714 provides an authorized State representative an easy
method to elect participation under IRC section 25F. Revenue
Procedure 2025-XX provides guidance regarding a procedure for a
State to voluntarily elect to participate under IRC section
25F.
The Department of the
Treasury (Treasury Department) and the Internal Revenue Service
(IRS) are requesting, under emergency procedures, a new OMB Control
Number 1545-NEW in connection with implementing section 70411 of
Public Law 119-21, 139 Stat. 72, 176 (July 4, 2025), commonly known
as the One, Big, Beautiful Bill Act (OBBBA). Section 70411 of the
OBBBA enacted a new nonrefundable income tax credit (§ 25F credit)
under 26 U.S.C. 25F allowable to a taxpayer for a qualified
contribution made to a scholarship granting organization (SGO) in a
covered state by an individual who is a U.S. citizen or resident
under 26 U.S.C. 7701(a)(9). A “covered state” is defined as one of
the 50 States or the District of Columbia (State), that, for a
calendar year, voluntarily elects to participate under § 25 and
provides a list that identifies SGOs in the State for the
applicable calendar year. For an individual’s contribution to an
SGO to be a qualified contribution eligible for a § 25F credit for
a given calendar year, a State must thus voluntarily elect to
participate under § 25F and have identified the SGO in accordance
with § 25F(g). Section 25F(g)(1) provides that a State that
voluntarily elects to participate under § 25F must provide a list
of SGOs that meet the requirements described in § 25F(c)(5) and are
located in the State by “January 1 of each calendar year (or, with
respect to the first calendar year for which this section applies
[i.e., 2027], as early as practicable).” The Treasury Department
and the IRS have received several comments from States and other
stakeholders from around the country regarding the urgency of
allowing States to make Advance Elections to identify as a covered
state in advance of submitting its SGO list. Specifically,
commenters stated that Advance Elections as early as January 1,
2026 are critical to ensuring SGOs can be established and ready to
operate by January 1, 2027; that SGOs need time to establish
infrastructure and attract donors prior to January 1, 2027; and
that potential SGOs need sufficient time to prepare for the
commencement of this new tax credit in 2027 by organizing
themselves to as valid SGOs, starting to solicit contributions to
be received in early 2027, and developing processes to identify and
award scholarships in accordance with § 25F. Any potential SGO
would be unwilling to invest the necessary effort and cost in
commencing these activities without first knowing that a State will
be a covered state. Commenters asked that the period for a State to
make an Advance Election begin January 1, 2026, to allow time
necessary for States, SGOs, parents, students, and donors to
prepare for the 2027 inaugural year. To respond to this immediate
need of States and SGOs, Rev. Proc. 2025-XX provides procedures for
States to make an “Advance Election” to participate under § 25F,
beginning on January 1, 2026, which is critical for many States to
identify as a covered state in advance of providing the State’s
list of SGOs for 2027. Specifically, section 4 of Rev. Proc.
2025-XX allows States to make an Advance Election by submitting
Form 15714 on or after January 1, 2026, in advance of the
submission of the State’s SGO list for calendar year 2027. Form
15714 for calendar year 2027, and submission instructions, will be
available before January 1, 2026, at www.irs.gov. The IRS needs to
release Rev. Proc. 2025-XX and Form 15714 as soon as possible so
that States have the option to make an Advance Election as early as
January 1, 2026, for the benefit of all relevant stakeholders.
PL:
Pub.L. 119 - 21 70411 Name of Law: One, Big, Beautiful Bill Act
(OBBBA)
US Code: 26
USC 25F Name of Law: Qualified elementary and secondary
education scholarships
PL: Pub.L. 119 - 21 70411 Name of Law: One,
Big, Beautiful Bill Act (OBBBA)
This is a new paperwork burden
approval due to the new statute. The burden for this collection of
information is 51 responses and 37 hours of total burden.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
Form 15714 State Election to Participate Under Section 25F