H.R. 4269House115th Congress (2017-2019)In Committee

Public Funds for Public Schools Act

Introduced November 7, 2017

AI-Generated Summary

Updated April 15, 2026 at 6:57 PM UTC

The bill amends the Internal Revenue Code to stop taxpayers from receiving both a federal charitable deduction and a state school‑voucher tax credit for the same contribution. It reduces the charitable contribution deduction by any state voucher tax credit or deduction the donor receives. The change applies to contributions made after the law takes effect and affects donors who give to organizations that provide school vouchers, as well as those voucher organizations.

Key Provisions

  • Adds a new paragraph (19) to Section 170(f) that reduces the amount of a charitable contribution deduction by any state school voucher tax credit or deduction the donor receives.
  • Defines “State school voucher tax benefit” as the total of state income tax credits and excess state income tax deductions for contributions to a specified school voucher organization.
  • Defines “excess State income tax deduction” as the highest state tax rate multiplied by the amount the state deduction exceeds the contribution amount.
  • Defines “specified school voucher organization” as any organization whose primary purpose is to provide vouchers, scholarships, or other funds for K‑12 students.
  • Treats any state benefit that is economically equivalent to a tax credit or deduction as such for purposes of the limitation.
  • Adds a special rule (paragraph 20) that contributions of built‑in‑gain property to a specified school voucher organization are treated as if the property were sold at fair market value and the cash contributed, preventing a double tax benefit.

Legislative Activity

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1 earlier action
HouseIntro Referral Latest Action

Referred to the House Committee on Ways and Means.

November 7, 2017

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HouseIntro Referral

Introduced in House

November 7, 2017

HouseIntro Referral

Referred to the House Committee on Ways and Means.

November 7, 2017

Floor Debate

1 member

What members said about H.R. 4269 on the floor

1 Democrat
Terri A. Sewell
Rep. Terri A. SewellD-AL-7 · Jul 26, 2018

Mr. Speaker, I rise today to shed light on a major loophole in our tax code that favors private schools at the expense of public schools. I have introduced H.R. 4269, The Public Funds for Public…

Bill Text

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Introduced in HouseIssued November 7, 2017

I

115th CONGRESS

1st Session

H. R. 4269

IN THE HOUSE OF REPRESENTATIVES

November 7, 2017

Ms. Sewell of Alabama (for herself and Mr. Danny K. Davis of Illinois) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to eliminate the school voucher State tax credit loophole by limiting the double benefit of charitable contributions.

1.

Short title

This Act may be cited as the Public Funds for Public Schools Act.

2.

Elimination of school voucher State tax credit loophole by limiting the double benefit of charitable contributions

(a)

In general

Section 170(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

(19)

Limitation on double benefit in the case of State school voucher tax benefits

(A)

In general

The amount of any charitable contribution otherwise taken into account under this section shall be reduced by any State school voucher tax benefit with respect to such contribution.

(B)

State school voucher tax benefit

For purposes of this paragraph, the term State school voucher tax benefit means the aggregate amount of any State income tax credits, and excess State income tax deductions, provided to the taxpayer by a State for any contribution to a specified school voucher organization.

(C)

Excess State income tax deductions

For purposes of this paragraph, the term excess State income tax deduction means the product of—

(i)

the highest rate of State income tax applicable to the taxpayer for the taxable year, multiplied by

(ii)

the excess (if any) of—

(I)

the State income tax deduction provided to the taxpayer with respect to contributions by the taxpayer to specified school voucher organizations, over

(II)

the amount of such contributions.

(D)

Specified school voucher organization

For purposes of this paragraph, the term specified school voucher organization means any organization the primary purpose of which is the provision of vouchers, scholarships, or other funds, for the expenses of students to attend elementary or secondary schools.

(E)

Treatment of similar State benefits

For purposes of this paragraph, any State benefit which is economically equivalent to a tax credit (including any payment) shall be treated as a State income tax credit for purposes of this paragraph and any State benefit which is economically equivalent to a State income tax deduction (including any exclusion from gross income) shall be treated as a State income tax deduction for purposes of this paragraph.

(20)

Special rule for contributions of built-in gain property to specified school voucher organizations

(A)

In general

In the case of any contribution by the taxpayer of built-in gain property to a specified school voucher organization, such contribution shall be treated for purposes of this title as though such property were sold by the taxpayer at its fair market value immediately before such contribution and the amount of such fair market value were contributed by the taxpayer as a cash contribution to the specified school voucher organization.

(B)

Definitions

For purposes of this paragraph—

(i)

Built-in gain property

The term built-in gain property means any property if, immediately before the contribution of such property, the fair market value of such property exceeds the adjusted basis of such property.

(ii)

Specified school voucher organization

The term specified school voucher organization has the meaning given such term in paragraph (19).

.

(b)

Effective date

The amendment made by this section shall apply to charitable contributions made in taxable years beginning after the date of the enactment of this Act.