Qualified Contributions to a Scholarship Granting Organization Under Section 25F
Revision of a currently approved collection
No
Emergency
10/02/2026
10/02/2026
table that charts list comparision
Requested
Previously Approved
6 Months From Approved
09/30/2029
22,002,210
51
8,258,885
37
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 2026-6 provides guidance regarding a procedure for a State to voluntarily elect to participate under IRC section 25F. T.D. 10057 provides rules for State elections to participate under section 25F, including the registration process on the IRS State section 25F portal; rules for information and certifications a State is required to provide for each organization included on the State SGO list; and procedures a State must use in determining whether organizations meet the requirements of section 25F(c)(5). In addition, T.D. 10057 provides procedures for registering SGOs through an IRS electronic SGO portal; reporting, recordkeeping, and third-party disclosure of qualified contributions received by SGOs; and providing timely written acknowledgments to donors.
The Department of the Treasury (Treasury Department) and the Internal Revenue Service (IRS) are requesting, under emergency procedures, an update to OMB Control Number 1545-2335 in connection with implementing section 70411 of the OBBBA enacted 26 U.S.C. 25F, which provides a nonrefundable income tax credit of up to $1,700 per individual filer and up to $3,400 per joint filing of married couples for qualified contributions made in taxable years beginning after 2026. A âqualified contributionâ is defined as a charitable contribution of cash to a public charity classified as a âscholarship granting organizationâ within the meaning of section 25F(c)(5) (SGO) that uses the contribution to fund scholarships for eligible students solely within the covered State in which the SGO is listed pursuant to section 25F(g). A âcovered stateâ 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. Section 25F(g)(1) provides that a State that voluntarily elects to participate under § 25F must provide a list of SGOs that are located in the State by âJanuary 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).â
Beginning on January 1, 2027, individual taxpayers will be able to make contributions to any SGOs that have been certified by their respective States as part of their Stateâs election to participate in section 25F. In order to enable the Statesâ participation, the Treasury Department and the IRS published a temporary rule for a State to make its election and provide its certification of organizations located in the State that are SGOs [RIN 1545-BS17].
The Treasury Department and the IRS have received several comments in response to the IRS Notice 2025-70, Request for Comments on Individual Tax Credit for Qualified Contributions to Scholarship Granting Organizations. Stakeholders from around the country emphasized that guidance is needed as soon as possible to address the most critical operational questions related to the implementation of section 25F. Specifically, commenters stated that knowing what procedures to implement in their organizations is critical to ensuring SGOs can be established and ready to operate by January 1, 2027. Commenters have stated that potential SGOs need sufficient time to prepare for the commencement of this new tax credit in 2027. Specifically, they need to begin organizing themselves as valid SGOs to solicit and record contributions to be received in early 2027.
To respond to this immediate need of States and SGOs, T.D. 10057 provides rules that expand the collections of information under OMB Control Number 1545-2235. The added collections allow for State elections to participate under section 25F, including the registration process on the IRS State section 25F portal; rules for information and certifications a State is required to provide for each organization included on the State SGO list; and procedures a State must use in determining whether organizations meet the requirements of section 25F(c)(5). In addition, T.D. 10057 provides procedures for registering SGOs through an IRS electronic SGO portal; reporting, recordkeeping, and third-party disclosure of qualified contributions received by SGOs; and providing timely written acknowledgments to donors.
The IRS needs to release T.D. 10057 as soon as possible for the benefit of all relevant stakeholders.
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)
PL: Pub.L. 119 - 21 70411 Name of Law: One, Big, Beautiful Bill Act (OBBBA)
Changes were made to the burden previously approved to update the estimated number of responses based on the Treasury Decision creating regulation. The annual number of responses requested is 22,002,210 (an increase of 22,002,159 from the previously approved 51). The change in estimated responses results in an overall hourly burden increase of 8,258,885 and current burden estimate is 8,258,848 hours as the previously approved was 37 hours. The burden for this collection of information is 22,002,210 responses and 8,258,885 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.