EFTC in Oregon
Oregon has declined to participate in the federal scholarship tax credit program. Also known as the Federal Scholarship Tax Credit (FSTC), the program was enacted as IRC §25F and takes effect January 1, 2027.
- Governor
- Tina Kotek
- Democrat
- Status
- Declined
- As of 2025-08-14
- Program begins
- January 1, 2027
- Federal tax credit live
What Oregon's decision means
Governor Tina Kotek announced on 2025-08-14 that Oregon will not opt in to the federal Educational Choice for Children Act (EFTC). Unless the decision is revisited, Oregon will not designate Scholarship Granting Organizations (SGOs), and Oregon families will not be eligible for EFTC scholarships when the program begins on January 1, 2027.
Donors in Oregon, like donors anywhere in the country, can still claim the federal tax credit (up to $1,700 per taxpayer) by giving to SGOs in states that have opted in. The federal tax dollars they redirect will fund scholarships for students in other states rather than staying in Oregon.
The decision is not necessarily permanent. Under Treasury's temporary regulations, released October 1, 2026, states elect one calendar year at a time. To take part in 2027, a state must file an advance election with the IRS by January 1, 2027 and submit its list of qualifying SGOs by February 15, 2027. For later years, a state electing for the first time follows an advance-election procedure the IRS will set out in future guidance.
Frequently asked questions about EFTC in Oregon
Does Oregon participate in EFTC?
No. Governor Tina Kotek has stated that Oregon will not opt in (announced 2025-08-14). Unless the decision is reversed, Oregon families will not be eligible for the scholarships. States elect one calendar year at a time, so Oregon could still elect for a later year.
Who is the governor of Oregon and what is their position on EFTC?
Governor Tina Kotek (Democrat) has stated the state will not participate.
Can Oregon residents donate to an SGO and claim the federal tax credit?
Beginning January 1, 2027, any U.S. citizen or resident can claim a federal income tax credit of up to $1,700 a year per taxpayer for donations to a qualifying Scholarship Granting Organization, regardless of the state they live in. Under Treasury's proposed regulations, which taxpayers may rely on for 2027 contributions, spouses filing jointly are separate taxpayers, so a couple can claim up to $3,400 when each spouse makes and designates a gift. Because Oregon is not currently participating, donations from Oregon residents would need to go to SGOs in opted-in states, funding scholarships for students who live in those states rather than in Oregon.
When does the EFTC program begin?
The Educational Choice for Children Act program begins on January 1, 2027. Donations made on or after that date are eligible for the federal tax credit. Under Treasury's temporary regulations, released October 1, 2026, each state elects one calendar year at a time: for 2027, a state must file an advance election with the IRS by January 1, 2027 and submit its list of qualifying Scholarship Granting Organizations by February 15, 2027. For later years, state lists are due by January 1.
Becoming an SGO in Oregon
Oregon has not opted into the federal §25F credit, so there is no SGO certification pathway here yet. If Oregon opts in, an organization would need to meet the federal requirements that apply in every participating state:
- Be a 501(c)(3) public charity: tax-exempt and not a private foundation. If your exemption application is still pending, the temporary regulations let a state list you only if the exemption, once granted, takes effect by January 1 of the list year.
- Be located in the state: authorized to do business there and in compliance with its general charity laws. No in-state headquarters is required (temporary regulations).
- Keep a separate §25F account that holds only qualified contributions and their earnings, and deposit every gift a donor designates for the credit into it.
- Spend at least 90% of the organization's income on scholarships for eligible students. Under the proposed regulations, each year's income must be spent by the end of the taxable year after the year it comes in, and income means total gross receipts from all sources, but an SGO whose activities are at least 85% scholarship granting can apply the test to its §25F account (qualified contributions plus earnings) instead.
- Award scholarships to 10 or more students who do not all attend the same school.
- Fund only eligible students: household income at or below 300% of area median gross income and eligible to enroll in a public school. Under the proposed regulations, the student must also live in the state whose list the SGO is on, with exceptions for military and tribal families.
- Verify each applicant's household income and family size, and pay only for qualified elementary or secondary education expenses.
- Give priority to students who received a scholarship the previous school year, then to their siblings.
- Do not earmark or set aside contributions for a particular student.
- Pay no scholarships to disqualified persons: substantial contributors, officers, directors, anyone who helps select recipients or set awards, and their family members (proposed regulations).
- Register in the IRS SGO portal (not yet open), give each donor a written acknowledgment by January 31 of the following year, and report designated gifts to the IRS by February 28 (temporary regulations).
- Get an annual financial and programmatic audit, from an independent professional if total receipts exceed $500,000, and file an annual compliance certification with your Form 990 (proposed regulations).
- Appear on your state's SGO list, which the state submits to the IRS each year. The state must include every organization located there that asks to be listed and meets these requirements, and may remove one only through a procedure that affords due process (temporary regulations).
Sources: the §25F statute; Treasury’s temporary regulations (T.D. 10057), which take effect without a comment period and apply from September 1, 2026; and its proposed regulations (October 2026), which taxpayers, SGOs, and states may rely on for contributions made on or after January 1, 2027 but which are not final.
An organization based in Oregon can still seek a place on a participating state’s list. Under the temporary regulations, it counts as located in that state if it is authorized to do business there and complies with that state’s charity laws; no headquarters is required. Under the proposed regulations, though, scholarships from that listing go only to students who live in that state, so apart from narrow exceptions for military and tribal families, Oregon students cannot receive them.
Follow Oregon’s status above, and see how to start an SGO to prepare in the meantime.
Preparing an SGO in Oregon? Work the free SGO builder, a 21-step checklist that saves your progress, or retrofit an existing nonprofit.
Scholarship Granting Organizations in Oregon
Our directory tracks the Scholarship Granting Organizations running today’s state tax-credit scholarship programs, the organizations most likely to administer the federal EFTC once official §25F lists are certified.
Browse the national SGO directory →Other states with the same status
States that have also declined.
Recent Oregon EFTC / FSTC news
Coverage of Oregon’s Federal Scholarship Tax Credit decisions and developments.
- Regulatory / IRS · October 1, 20261 national standard: under Treasury's §25F rules, states cannot add their own conditions for SGOs
- Analysis · June 19, 2026A week after Treasury's §25F preview: what tax advisers are telling clients, and how states are already reacting
- State action · June 12, 2026Oregon Gov. Kotek declines §25F after reconsidering, citing Treasury limits on state SGO rules
- Analysis · May 19, 2026Three states that said no to the FSTC are reconsidering: Hawaii, New Mexico, and Oregon
Learn more about EFTC
In-depth guides on how the program works, who qualifies, and how to participate.
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- Get the credit in your paycheck, not the refundMost people assume a January 2027 donation means waiting until the April 2028 refund to see the $1,700 back, r…
- The CPA's guide to §25FA practitioner's reference to IRC §25F (the EFTC / ECCA / FSTC) and Treasury's October 2026 proposed and tempo…
- Year-end planning: which December mattersThe Education Freedom Tax Credit takes effect January 1, 2027, which turns the usual year-end playbook upside …
- The EFTC, explained for your communityA plain-language, forward-it-to-anyone explainer of the new federal scholarship tax credit: what it is (up to …
- Designating your gift to a schoolSection 25F bans earmarking a donation for any particular student, and that ban is student-level, not school-l…
Make your voice heard in Oregon
Contact Governor Tina Kotek and let them know that Oregon families want access to EFTC scholarships when the program begins January 2027. A state's election for 2027 is due to the IRS by January 1, 2027.
Contact Governor Kotek →
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