What is the tax credit for donations to scholarship granting organizations?
The Ohio General Assembly passed a new law that allows a credit against a taxpayer’s Ohio income tax liability (see Ohio Revised Code Section 5747.02) when that taxpayer donates to a certified scholarship granting organization. The law allows a credit against income taxes for donations up to $750 annually.
What is a scholarship granting organization?
The law defines a “scholarship granting organization” as an organization certified by the Ohio Attorney General as satisfying three criteria. First, it must be a religious or non-religious charitable organization with 501(c)(3) tax exempt status. Second, it must primarily award academic scholarships to primary and secondary school students. Third, it must prioritize awarding scholarships to low-income primary and secondary school students. The organization must also comply with all applicable registration and reporting requirements with the Ohio Attorney General in order to be certified.
How will the certification process work?
The attorney general’s online application requires a scholarship granting organization to demonstrate that it meets the legal definition to be certified. The Ohio Attorney General’s Charitable Law Section will evaluate applications and publish a list of qualifying organizations. The Ohio Department of Taxation will post the list online for donors to reference.
When can my organization apply for certification?
Organizations can apply for certification at any time. However, to be eligible for certification by January 1 of any given year, organizations will be required to submit applications prior to November 30.
Can I donate to one of the certified scholarship granting organizations and ask them to send the funds to my child’s school to cover his or her tuition expenses?
Charitable organizations, including scholarship granting organizations, are strictly prohibited by federal tax-exemption laws from engaging in those types of arrangements in which personal benefits are received in exchange for contributions.
Will Ohio opt into the federal scholarship program recently established by Congress?
P.L. 119-21 created a federal elementary and secondary school tax credit scholarship program. More information about this new federal program is available at https://www.congress.gov/crs-product/R48724. The Ohio Attorney General’s Office is monitoring state participation and the rulemaking process for the federal program. In the meantime, those interested in Ohio’s potential participation in the federal program should contact their legislators. Note that the federal program will not be effective until January 1, 2027, and Ohio's current SGO program remains active.