Carl Davis, research director of the Institute on Taxation and Economic Policy, reviews tax credits for vouchers and concludes that they are a tax avoidance scheme for the wealthy.

Key findings

• Lawmakers in several states are discussing enacting or expanding school voucher tax credits, which reimburse individuals and businesses for “donations” they make to organizations that give out vouchers for free or reduced tuition at private K-12 schools. In effect, these credits allow contributing families to opt out of paying for public education and other public services.

• New data—published here for the first time—reveal that wealthy families are overwhelmingly the ones using these credits to opt out of paying tax to public coffers. In all three states providing data, most of the credits are being claimed by families with incomes over $200,000.

• Wealthy families’ interest in these programs is being driven partly by a pair of tax shelters that can make “donating” profitable. These shelters hinge on stacking state and federal tax cuts and are being advertised in the states as a way to get a “double tax benefit” and “make money” in the process. This kind of language is a far cry from most nonprofit fundraising pitches and gives some sense of the supersized nature of the tax benefits being offered for private and religious K-12 schooling.

• Voucher tax credits are without merit and should be repealed. Short of that, states can end their use as profitable tax shelters with straightforward reforms. A national solution to this problem, however, will require action by the IRS.

One of the most disturbing recent shifts in U.S. public policy has been the renewed push to privatize the nation’s K-12 education system.[1] Originally born out of a desire to preserve school segregation and racial inequality more broadly, the so-called “school choice” movement is enjoying a resurgence as many state lawmakers look for ways to move more kids into private and religious schools.[2] That end is being hastened through the tax code in major ways. In short, school privatization proponents have managed to set up state policies that harness deficiencies in federal tax law and the self-interest of wealthy families to gin up enthusiasm for privatizing the U.S. public education system.

Voucher Tax Credits

State voucher tax credits are among the most significant tools eroding the public education system and propping up private schools. These policies are on the books in 21 states and proposals to create or expand them are being discussed this year in places like Alabama, Georgia, Kansas, Montana, Nebraska, South Carolina, and Texas.[3]

Voucher tax credits reimburse individuals and businesses for “donations” they make to organizations that give out vouchers for free or reduced tuition at private K-12 schools—the overwhelming majority of which are religious in nature.[4]

Unlike charitable gifts to other causes where taxpayers save less than 10 cents in state taxes for every dollar donated, these supersized incentives often give private school “donors” their full donation back. This unusual payoff scheme necessitated a whole new set of regulations from the IRS to enforce the commonsense notion that families being reimbursed for their “gifts” have not done anything genuinely charitable and should not receive federal charitable deductions.[5] Before those regulations took effect, it was common for private schools to tell wealthy families that pairing voucher credits with the federal charitable deduction was a great way to “make money.”[6]

While the IRS has taken steps to prevent taxpayers from misusing the charitable deduction in combination with these state tax credits, significant tax avoidance is still occurring through less-scrutinized channels. The fact that these programs continue to allow many high-income taxpayers to turn a profit for themselves is helping accelerate the diversion of public funding into private schools. States have the power to prevent aggressive tax avoidance through their voucher tax credits, as explained below, but many have turned a blind eye in the interest of maximizing growth in these programs.

A Subsidy for the Wealthy

Despite voucher tax credits’ charitable facade, the reality is they allow wealthy families to opt out of paying for public education and other public services, and to redirect their tax dollars to private and religious instruction instead. If a taxpayer sends $1,000 to a private school organization and receives a $1,000 state tax credit in return, the plain result of that is that the tax dollars have been rerouted away from public coffers and to private organizations instead.

We now know that wealthy families are overwhelmingly the ones using these credits to opt out of paying tax to public coffers because new data—published here for the first time—that we’ve obtained from tax agencies in three states show exactly that.

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