1. What is the history and purpose of the tuition tax credit legislation that gave rise to the Georgia GOAL Scholarship Program?
In 2008, the Georgia General Assembly passed House Bill 1133 (HB 1133) and Governor Sonny Perdue signed it into law. The legislation was further amended in 2011 (HB 325) and 2013 (HB 283). The law provides for the creation of student scholarship organizations (SSOs) to which Georgia individual and corporate taxpayers can contribute in exchange for a state income tax credit and possible federal charitable income tax deduction. The SSOs use the contributions to award scholarships to students from K-12 public schools so that they can attend the private schools chosen by their parents. Georgia GOAL Scholarship Program, Inc. was the first SSOs to be recognized by the Georgia Department of Education.
2. What other schools are participating in Georgia GOAL Scholarship Program?
There are presently 120 GOAL Participating Schools from throughout the state of Georgia. The list of GOAL Participating Schools accessible on the GOAL website at: http://www.goalscholarship.org/participating_schools/.
3. How does our school benefit from this legislation?
As a GOAL Participating School, our school is eligible to promote the GOAL program to its donors who can designate that their contributions to GOAL be used to provide scholarships at our school. Thus, our school will be able to increase the amount of financial aid for which its students and their families are eligible. This could result in increased enrollment, increased tuition income, and increased opportunities for deserving students and their families to become a vital part of our community.
4. How does the Qualified Education Expense Tax Credit work?
Because there is a limited amount of tax credits available each year, a taxpayer who is interested in contributing to GOAL must express his or her intent to do so to the Georgia Department of Revenue (“DOR”). If there are still tax credits available, the DOR will inform the taxpayer to proceed with his or her contribution to GOAL. So that interested contributors are not burdened at all by this process, GOAL and our school make the pre-approval and contribution process very easy to complete. Once approved, the taxpayer contributes to GOAL and designates our school as the place at which her or she would like the contribution to be used in providing scholarships to qualified students (who we recommend to GOAL at the time they apply to the school). Once the contribution is received, GOAL sends a notice to the taxpayer, who can then take an income tax CREDIT against their Georgia income taxes for the amount of their contribution made that year. In cases where the taxpayer itemizes his or her federal income tax deductions, a federal charitable income tax deduction may also be available for the amount of the contribution. Thus, if a married couple filing a joint return owes $6,000 of Georgia income taxes and makes the maximum contribution to GOAL of $2,500, they will only have to pay $3,500 ($6,000 less $2,500) of income taxes to the state of Georgia. GOAL provides very straightforward filing instructions to its contributors so that they know exactly how to claim the education expense tax credit on their Georgia income tax return.
5. What is the maximum amount that an individual can contribute to GOAL in exchange for a Georgia education expense tax credit?
Each calendar year, until the annual cap on available education expense credits is reached:
- A married couple filing a joint return can re-direct up to $2,500 of their income tax payments to GOAL.
- A married couple filing a separate return can re-direct up to $1,250 of their income tax payments to GOAL.
- An individual can re-direct up to $1,000 of his or her income tax payments to GOAL.
- An individual who is a member of a limited liability company, shareholder of an “S” Corporation, or partner in a partnership (pass-through entities) is allowed a Georgia income tax credit for up to $10,000 of the amount they contribute to a SSO, so long as they would have paid Georgia income tax in that amount on their share of taxable income from the pass-through entity. (See Q&A items 39. through 44. for more information for owners of pass through entities.)
6. Do I have to donate (redirect) the full amount allowed?
You may donate as little or as much as you want up to the following limits: $2,500 for a married couple filing jointly, $1,250 for married people filing separately, $1,000 for an individual filing singly, and $10,000 for an individual owner of a pass through entity.
7. Can corporations contribute to the Georgia GOAL Scholarship Program?
Yes, corporations can receive a tax credit for amounts contributed to the GOAL Scholarship Program and many corporations have done so. For “C” corporations, the tax credit is available up to 75% of their annual Georgia income tax liability. Members of limited liability companies, shareholders of “S” Corporations, and partners in partnerships are allowed a Georgia income tax credit for up to $10,000 of the amount they contribute to a SSO, so long as they would have paid Georgia income tax in that amount on their share of taxable income.
8. What forms of payment does the GOAL take for donations?
GOAL accepts checks, credit card payments, or stock donations.
9. I don't have the money to make a $2,500 payment. What other options do I have?
You have the option of making a donation of any amount you can afford. You may then file for approval again later in the year and, if credits are still available, make an additional donation. As long as tax credits are available, you may continue filing for approval and making donations. You may also use a credit card to make your donation. Lastly, some taxpayers have lowered their state tax withholdings and saved the additional funds not taken out of their paychecks until they have sufficient funds to make a $2,500 donation. They then raise their state tax withholdings to the previous level. To do this, you must be sure that you owe at least $2,500 in state taxes. Please consult with your accountant first.
10. Is there an age or other restriction on who can participate in this program?
There are no age restrictions on who can participate in this program. As long as you owe state taxes, you can redirect your Georgia income taxes to GOAL.
11. Do I really receive a tax benefit from donating if I’m an AMT (Alternative Minimum Tax) filer?
Yes, AMT filers will earn up to 29% of their donation amount. Consult your tax advisor for clarification.
12. How does a tax credit differ from a deduction?
A tax credit is significantly more beneficial than a deduction. A credit reduces your Georgia taxes dollar-for-dollar while a deduction reduces the taxable income upon which taxes are calculated.
13. How do I know what my Georgia income tax liability is?
Your Georgia income tax liability is typically 6% of your Adjusted Gross Income (AGI). If your income and deductions will not change much from the prior year, you can look at Line 16 of your Georgia income tax return (Form 500) for your income tax liability for the prior tax year and estimate your tax liability accordingly. Of course, only an accountant or other tax professional can provide you with a solid estimate of your upcoming Georgia income tax liability.
14. If an individual has paid all of his or her estimated Georgia income taxes for a particular tax year and makes a contribution to GOAL in that year, will he or she still receive a Georgia income tax credit for the amount contributed to GOAL?
Yes. If, after applying the tax credit against the Georgia income tax due and applying all estimated tax payments and withheld income taxes, there is an overpayment, the taxpayer can elect to have all or a portion of the overpayment paid to him or her.
15. If an individual itemizes deductions, can they take a charitable income tax deduction on their federal income tax return for the amount of their contribution to GOAL?
Yes. Since GOAL is a 501(c)(3) tax-exempt organization, contributions to GOAL may be taken as charitable income tax deductions for federal income tax purposes. The law does require that you increase your State income by the amount of your Charitable Deduction on your Federal Return (donation amount).
16. If I redirect some of my Georgia income tax payment to GOAL, can I designate that it be used to provide scholarships for students who will be attending our school?
Yes. The designation of a particular school (or multiple schools) is permissible, and the donor’s donation will be obligated to provide scholarships to eligible students to attend the designated school(s). At least once a year, our school financial aid office will recommend qualified applicants to our school for receipt of GOAL scholarships, the amount of which is based on the applicants household income and family size.
17. If I redirect some of my Georgia tax payments to GOAL, can I designate the student who will benefit from the financial assistance?
No. Although a donor to GOAL may designate a school, no designation of individual students is permitted. Per the Department of Revenue Rulings: “A contribution directly or indirectly designated for a particular individual, whether such individual is a dependent of the taxpayer or not, is considered made to the individual and not to the SSO and as such is not eligible for the qualified education expense credit. This is consistent with the federal treatment of charitable contributions.”
18. What is the deadline for making contributions that qualify for the tax credit?
In order to contribute to GOAL for a tax credit, an individual or corporation must receive pre-approval from the Georgia Department of Revenue. The pre-approval process must be completed and all contributions postmarked to GOAL within 60 days of DOR pre-approval, and never later than December 31st of the applicable calendar year in order to be accepted.
19. Why should I give now?
In 2008, the Georgia legislature placed an annual cap on the amount of available education expense credits. Initially, the cap was set at $50 million. Beginning in 2012, the cap was increased to reflect increases in the cost-of-living inflation rate. In 2013, the cost-of-living adjustment was replaced by an increase in the cap to $58 million.
In 2013, the entire $58 million cap was met in early May. As a result, thousands of Georgia taxpayers who wished to make their contribution to a SSO were unable to do so for a tax credit. Once the cap is reached, although a taxpayer can still contribute to GOAL, he or she will not receive an education expense tax credit for doing so. Because there are hundreds of private schools in Georgia that are promoting the availability of the Georgia Education Expense Credit program in their school communities, it is a very competitive environment and taxpayers need to make their pre-approved contributions as early in the year as possible.
20. I usually get a refund from Georgia. What happens if I donate to GOAL?
For taxpayers who contribute to GOAL as individuals who are single, married filing separate, or married filing jointly, if your Georgia income tax liability is at least as much as your GOAL contribution, your refund will increase by the amount of your donation. If on the other hand, your state income tax liability is less than the amount of your contribution to GOAL, the amount of the unused credit can be carried forward for 5 years.
21. Will this trigger an audit of my return?
No. The credit is applied against your Georgia income tax liability, and is preapproved by the state of Georgia. It is treated just like additional withholding tax. GOAL has developed a solid line of communication with DOR officials responsible for administration of the Georgia Education Expense Credit and works closely with them to ensure the fair and responsive administration of this program.
22. Where is this credit explained in the Georgia Law?
The tax credit guidelines are listed in the Georgia Code Title 48 Chapter 7-29.16. The details of the qualified Student Scholarship Organization are listed in the Georgia Code Title 20 Chapter 2A. If you have any additional issues or questions, please refer the Georgia Department of Revenue website, https://etax.dor.ga.gov/inctax/taxcredits.aspx
23. Is the Georgia GOAL Scholarship Program a government agency? What is its role?
No. Georgia GOAL Scholarship Program, Inc. is an independent 501 (c)(3) tax-exempt organization. GOAL, not the state of Georgia, provides scholarships to students at its participating schools. In addition to saving its participating schools the trouble of creating and operating their own student scholarship organizations, GOAL serves as an information clearinghouse; provides marketing information, insights, and training to the GOAL Participating Schools; provides extensive contribution and scholarship processing to its donors, participating schools, and scholarship families; monitors legal and regulatory developments; shares best practices among participating schools; solicits contributions from corporations; promotes the program in the CPA and financial community; and encourages participating schools to direct as much financial aid as possible to low- and middle-income families who otherwise would not have a choice to attends schools such as ours.
24. How do I find more information about Georgia GOAL Scholarship Program?
If you have questions about the Georgia GOAL Scholarship Program, please review the GOAL website at www.goalscholarship.org or contact the school or the GOAL office.
25. Can I reduce my Georgia income tax withholdings so that I don’t have to come out-of-pocket with my contribution to GOAL?
Yes. If you pay your Georgia income taxes by having an amount withheld each pay period from your paycheck, by reducing the amount of Georgia income tax that is withheld from your paycheck each pay period, you can create a reserve of funds that you can redirect to GOAL and receive a qualified education expense state income tax credit. The portion by which you should reduce your withholdings is the amount of the contribution you intend to make to GOAL divided by the remaining pay periods in the year.
For example: If you are paid twice per month and desire to redirect $2,500 to GOAL for the year, and you adjust your Georgia income tax withholdings in time to take effect for your April 30th paycheck, as of April 30th, there are 17 pay periods remaining for the year. You may reduce your withholdings by $147.06 per pay period, which is $2,500 divided by the 17 remaining pay periods for 2010. The additional amount of “take home pay” will total $2,500 by the end of 2010. You can redirect your $2,500 to GOAL either entirely at one time or in installments as desired. Each time you desire to make a redirect to GOAL, you must secure the prior approval of the Georgia Department of Revenue (“DOR”), keeping in mind that, later in the year, the annual cap on education expense credits may be reached. If the cap is reached and you have not secured DOR approval to make the remaining portion of your $2,500 redirect to GOAL, you must change your withholdings so that the amount not able to be redirected to GOAL can be withheld from your remaining paychecks for the year and remitted to the state. Depending on the portion of the $2,500 redirect for which you cannot secure approval and redirect to GOAL, you may owe the state of Georgia interest and a penalty for failing to have your employer withhold and remit to the state the appropriate amount of your Georgia income taxes on a timely basis.
26. What if I pay quarterly estimated taxes?
If you pay your current year’s Georgia income taxes on a quarterly basis, in four equal installments, due on April 15, June 15, September 15, and January 15 (of the following year), you can redirect a portion of each quarterly estimated income tax payment to GOAL, with the remaining portion being paid to the state.
To determine the amount of each quarterly estimated income tax payment that you can redirect to GOAL, divide by four the total amount that you wish to redirect to GOAL for the year and reduce each quarterly estimated tax payment accordingly. Although the estimated tax payments will have to be made according to the usual April 15, June 15, September 15, and January 15 (of the following year) deadlines, the redirect to GOAL can be made, in whole or in installments, at any time during the year. However, each time you desire to redirect a portion of your estimated state income taxes to GOAL, you must secure the prior approval of the DOR. Also, the longer you wait during the year to redirect a portion of your estimated income taxes to GOAL, the more likely it is that the annual cap on education expense credits will be reached, leaving you unable to make any remaining redirects. In any case, regardless of the fact that the final estimated income tax payment will be due on January 15 of the following year, all contributions to GOAL must be received by GOAL or postmarked on or before December 31.
Example 1: This year, you estimate that you will owe $12,000 of Georgia income taxes for the year. Of this amount, you would like to redirect $2,500 to GOAL and receive a corresponding Georgia income tax credit. Normally, you would make an estimated income tax payment to the state of $3,000 on April 15, June 15, September 15, and January 15 (of the following year). Because you will be redirecting $2,500 of your Georgia income tax payments to GOAL, you can reduce each of these estimated income tax payments by $625 ($2,500 divided by four), meaning that $2,375 will be the amount of each quarterly estimated income tax payment due to the state of Georgia. In order to make certain that you have satisfied your estimated annual Georgia income tax liability, on or before December 31, you must redirect $2,500 to GOAL. You can make this redirect in a single contribution to GOAL of $2,500 or spread smaller contributions to GOAL throughout the year, each time securing the pre-approval of the DOR. If, on November 1, the annual cap on education expense credits is reached and you have not secured DOR approval to make the remaining portion of your intended $2,500 contribution to GOAL, then you will need to pay the remaining portion to the state of Georgia in the form of an estimated income tax payment on or before January 15 of the following year. Depending on the portion of the $2,500 redirect for which you cannot secure approval, you may owe the state of Georgia interest and a penalty for not paying all of your estimated tax payments on a timely basis.
Example 2: You did not reduce your April 15 Georgia estimated income tax payment; however, you still want to contribute $2,500 to GOAL and reduce the amount of your remaining estimated income tax payments accordingly. In this case, you can reduce each of your three remaining estimated income tax payments (due June 15, September 15, and January 15 of the following year) by $833.33 ($2,500 divided by three). Again, you must redirect $2,500 to GOAL on or before December 31.
27. What if my Georgia income tax liability is less than the amount I contributed to GOAL? Do I lose that money?
For taxpayers who contribute to GOAL as individuals who are single, married filing separate, or married filing jointly: no, you do not lose the money. The tax credit will apply toward your taxes for up to five future years.
28. Can I designate that my contribution be split between multiple schools?
Yes. Simply indicate on your check how much money you would like to go to each school and GOAL can split your contribution for you.
29. Can I split my contribution between a GOAL school and a non-GOAL school?
Yes. As long as the other school has signed up to participate with an approved Student Scholarship Organization (“SSO”), you can designate a portion of your contribution for that school, and GOAL will simply forward those funds to their SSO partner. GOAL does not take any administrative fees out of the money that we forward to other SSOs.
30. What is GOAL’s tax ID number?
GOAL’s tax ID number (FEIN) is 65-1280229.
31. If I participate in the GOAL program, can I still file my taxes electronically?
Yes. Instead of attaching a copy of your IT-QEE-SSO1 Form to your tax returns, simply keep a copy of the form for your records.
32. How long does it usually take to receive approval from the Department of Revenue for my contribution?
Under the law, the Department of Revenue has 30 days to approve your contribution. If you have not received your Approval Letter from the DOR within 30 days of submitting your IT-QEE-TP1 Form, contact the DOR or GOAL for assistance.
33. Can I contribute the GOAL program for a tax credit if I don’t reside in the state of Georgia?
Yes. As long as you pay Georgia state income taxes you can contribute to the GOAL program for a tax credit, even if you don’t physically reside in the state of Georgia.
34. Do I have to make my entire contribution at once, or can I contribute in increments over the course of the year?
You do not have to make your entire contribution at once. However, each time you desire to redirect of portion of your income taxes to GOAL, you must secure the prior approval of the DOR. Also, the longer you wait during the year to redirect a portion of your income taxes to GOAL, the more likely it is that the annual cap on education expense credits will be reached, leaving you unable to make any remaining redirects.
35. Can I change the designation of my contribution after I have completed the contribution process?
Once you have designated a particular school and the funds have been deposited into that school’s designated account at GOAL, you cannot change the designation of your contribution.
36. What happens if I give a donation to GOAL but I find out that my school is working with another SSO?
We will be happy to process your donation as any other and will pass the full balance of the funds to the correct SSO.
37. I have read in the newspaper about some abuses in which some SSOs are engaging. Should I be concerned about contributing to GOAL?
Absolutely not! One of the reasons our school chose to participate in the GOAL program is due to the fact that the Georgia GOAL Scholarship Program prides itself in operating according to strict ethical guidelines, a copy of which is published on the GOAL website. Several journalists, legislators, and state and national school choice leaders have identified GOAL as a model for the ethical and competent administration of a tuition tax credit scholarship program.
38. How can I learn more about GOAL?
GOAL is the most transparent SSO in Georgia. On its website, the address of which is www.goalscholarship.org, you can read all about GOAL’s scholarship contribution and award results, its participating schools, its Board members, the contribution process, and all other aspects of its operations. GOAL also operates a Facebook page and Twitter account, both of which are accessible on its website.
Important information for individuals who are members of limited liability companies, shareholders of “S” Corporations, and partners in partnerships
Owners of S-Corps, LLCs and Partnerships may now contribute up to $10,000 to a SSO for a tax credit.
Members of limited liability companies, shareholders of “S” Corporations, and partners in partnerships are allowed a Georgia income tax credit for up to $10,000 of the amount they contribute to a SSO, so long as they would have paid Georgia income tax in that amount on their share of taxable income.
If husband and wife both earn income from pass-through entities, each can contribute up to the $10,000 limit for a total of $20,000.
39. How does this work if I own more than one pass-through entity?
If the individual has ownership in more than one pass-through entity, the total credit allowed cannot exceed $10,000. The individual decides which pass-through entities to include when computing Georgia income for purposes of this tax credit and may combine all Georgia income, loss and expense regardless of ownership in multiple pass-through entities.
40. How do I determine whether I can take the full $10,000 tax credit?
All Georgia income, loss and expense from the taxpayer-selected pass through entities will be combined to determine Georgia income for purposes of this credit. Note: even W2 income from the entity may be included as well as K-1 income (i.e., salaries and profits may be counted). Such combined Georgia income shall be multiplied by 6% to determine that tax that was actually paid.
Helpful example: the taxpayer’s Georgia income from pass through entities must be at least $166,667 to take advantage of the full $10,000 tax credit ($166,667 * 6% = $10,000).
41. May I also claim a credit as an individual tax filer?
If the taxpayer chooses to be preapproved under this option, they are not allowed the additional amounts normally allowed an individual.
42. Can this tax credit be carried forward?
No. 6% of the Georgia income from pass through entity (or entities) is the maximum amount that may be claimed as a tax credit, and any excess amounts may not be claimed in the current year and may not be carried forward.
43. Can my payment to GOAL be made from my business (my pass-through entity)?
No. The Department of Revenue requires that payment to the SSO must come from the individual who will be claiming the tax credit.
44. What is the economic cost or potential economic benefit of making the full $10,000 contribution for an Education Expense tax credit?
An “economic cost” results from Georgia law not allowing a deduction for the scholarship contribution when taking the Georgia tax credit – which would be “double dipping.”
However, when taxpayers are subject to Alternative Minimum Tax (AMT), the result is an “economic benefit!” This is because in calculating AMT for federal tax purposes, charitable contributions are allowed as a deduction and state income taxes are not. (A GOAL contribution is considered a charitable contribution for federal income tax purposes.)
Taxpayer who itemizes, not subject to AMT – $600 maximum cost
Taxpayer subject to AMT – $2,900 possible maximum economic benefit