Listen to this post

The enactment of Section 25F of the Internal Revenue Code—part of the One Big Beautiful Bill Act (P.L. 119-21)—is one of the most significant developments in education-related tax policy in a generation. Building on decades of state-level tax credit scholarship programs, Congress has established a federal framework that channels private philanthropic capital into K-12 scholarships through a new qualifying vehicle: the Scholarship Granting Organization (“SGO”). For schools, charities, and foundations invested in educational access, the moment calls for informed strategic planning.

What Section 25F Creates

Section 25F establishes a federal income tax credit of up to $1,700 per taxpayer per year for contributions to qualifying SGOs—organizations operated exclusively to provide scholarships to eligible K-12 students. To qualify, an SGO must be a 501(c)(3) public charity and must appear on a state-submitted list to the IRS. That state listing requirement is a threshold eligibility condition, not a formality: contributions to unlisted organizations do not qualify for the credit regardless of how the SGO otherwise operates.

Section 25F also preempts any conflicting state requirements for SGO operation, establishing a uniform federal baseline.

Student Eligibility and Scholarship Use

Scholarships may only be awarded to students eligible to enroll in public elementary or secondary schools whose household income does not exceed 300% of the area median gross income. Eligible expenses are broadly defined (tuition, fees, books, supplies, room and board, uniforms, transportation, and supplemental items and services including computer technology and internet access) though homeschooling expenses were excluded from the final legislation. SGOs bear the responsibility of verifying household income and family size for every applicant.

SGOs must also ensure that scholarships are used for qualified expenses and maintain documentation to substantiate each disbursement.

Key Operational Requirements

The structural demands on a qualifying SGO are exacting. At least 90% of the organization’s income must be spent on scholarships each year—a continuing condition of qualification, not an aspirational benchmark. Qualified contributions must be maintained in accounts entirely segregated from other organizational funds, with detailed recordkeeping and annual IRS reporting obligations whose precise contours are still being developed through rulemaking.

SGOs are also required to conduct independent financial audits annually to demonstrate compliance with these requirements.

Scholarships must be awarded to at least ten students who do not all attend the same school. A mandatory prioritization framework applies: prior-year recipients must be considered first, followed by siblings of current recipients, before the broader eligible pool may be served. Failure to follow this prioritization may result in loss of SGO status.

Anti-Abuse Rules

Two categories of anti-abuse rules demand particular attention. First, no contribution may be earmarked for a specific student—funds must flow into the general scholarship pool and be awarded on established criteria. Second, no scholarship may be awarded to a “disqualified person” such as encompassing founders, substantial contributors, officers, directors, and their family members. Organizations with donor-heavy governance structures must map their disqualified person universe carefully before committing to an SGO structure.

Additionally, SGOs must implement conflict-of-interest policies and disclose any potential conflicts in their annual filings.

What This Means to You

The regulatory landscape under Section 25F remains unsettled—IRS guidance is pending, state listing processes are still forming, and penalty frameworks are not yet finalized. Organizations that engage deliberately now, before compliance expectations harden, will be best positioned to participate effectively. We invite you to reach out to discuss how this framework applies to your specific circumstances.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of John W. Borkowski John W. Borkowski

Coming from a family of teachers, John knows that educators are dedicated to serving students and society. His lifelong passion for education underlies the insightful counsel he provides to colleges, universities and school districts.

Photo of Anne D. Cartwright Anne D. Cartwright

Focusing exclusively on legal issues related to educational institutions, Annie centers her practice on considerations tied to compliance with Title IV Federal Student Aid and student funding requirements. She advises higher education clients on regulatory, consumer disclosure, accreditation, governance, risk management, nondiscrimination (including…

Focusing exclusively on legal issues related to educational institutions, Annie centers her practice on considerations tied to compliance with Title IV Federal Student Aid and student funding requirements. She advises higher education clients on regulatory, consumer disclosure, accreditation, governance, risk management, nondiscrimination (including Title IX), and operations issues confronted in college and university environments. Annie regularly works closely with institutions responding to regulatory actions brought by the U.S. Department of Education, including Federal Student Aid program reviews, and she performs in-depth compliance audits, policy reviews and training.

Photo of Aleks Ostojic Rushing Aleks Ostojic Rushing

As a licensed teacher, Aleks’ passion for education runs deep and is at the core of her work with clients. She knows that every client and every student requires a unique approach to optimize success. Aleks counsels K-12 and higher education clients on…

As a licensed teacher, Aleks’ passion for education runs deep and is at the core of her work with clients. She knows that every client and every student requires a unique approach to optimize success. Aleks counsels K-12 and higher education clients on investigations, litigation and compliance matters arising from a wide range of civil rights and educational funding issues. These include Title IX, Title IV, the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA) and the Family Educational Records Privacy Act (FERPA).

Photo of Albert Lin Albert Lin

Albert represents hospital districts, large hospital systems, physician groups of all sizes and practice specialties, management companies and nonprofit healthcare organizations at every stage in their lifecycle. He enjoys being a part of a team that can handle complex mergers and transactions in

Albert represents hospital districts, large hospital systems, physician groups of all sizes and practice specialties, management companies and nonprofit healthcare organizations at every stage in their lifecycle. He enjoys being a part of a team that can handle complex mergers and transactions in the healthcare field alongside members of Husch Blackwell’s regulatory team.

Albert has particularly significant experience in the nonprofit, tax-exempt organizations area and is part of the Husch Blackwell nonprofit organizations group, having handled virtually all aspects of tax and transactional matters for the healthcare industry. He has applied for and received tax-exempt status for dozens of organizations and has been a frequent writer on the topic for state and national publications, such as the Texas Tax Lawyer and Wolters Kluwer Exempt Organization Reports.

Photo of Renan Rodriguez Renan Rodriguez

Rey advises clients on a variety of transactional matters, including mergers and acquisitions, distribution structures, internal reorganizations, and cross-border transactions. He also assists clients with both inbound and outbound investments involving the U.S., aiming to address the business and tax considerations that arise…

Rey advises clients on a variety of transactional matters, including mergers and acquisitions, distribution structures, internal reorganizations, and cross-border transactions. He also assists clients with both inbound and outbound investments involving the U.S., aiming to address the business and tax considerations that arise in these contexts.