DocumentsIRS guidanceUnified Agenda

OMB Unified Agenda Entries for the §25F Rulemaking (RIN 1545-BR97 and 1545-BS17, REG-117199-25)

The regulatory-planning record for the §25F rules. Two paired entries, proposed regulations and temporary regulations, both at final rule stage with a timetable action of Interim Final Rule. An interim final rule takes effect on publication, with comments collected afterward, rather than being proposed for comment first.

Office of Management and Budget · Office of Information and Regulatory Affairs · 2026 Unified Agenda, published July 3, 2026

Tax Credit for Contributions of Individuals to Scholarship Granting Organizations

The Unified Agenda is the semiannual inventory of the rules every federal agency plans to issue. Treasury filed two entries for the §25F rulemaking, both under regulation number REG-117199-25. The fields below are reproduced verbatim from each entry; the only additions are our headings. We read these entries on July 29, 2026 and wrote up what they show in our report on the interim final rule.

(rin-1545-bs17)RIN 1545-BS17, temporary regulations

Title
Tax Credit for Contributions of Individuals to Scholarship Granting Organizations
Abstract
“The temporary regulations would accompany proposed regulations that provide guidance on the new tax credit for contributions by individuals to scholarship granting organizations (SGOs), as added to the Internal Revenue Code by the enactment of section 70411 of Public Law 119-21 (July 4, 2025), commonly referred to as the One Big Beautiful Bill Act. Temporary regulations are necessary to provide the procedure for States to make an Election, and to submit the State’s SGO List in the Fall of 2026 to complete an Election or perfect an Advance Election, before Final regulations will be published. Temporary regulations are also needed to require SGOs to track contributions made starting January 1, 2027, and capture the elements that SGOs will need to report.”
Agency
Department of the Treasury (TREAS) / IRS
Priority
Other Significant
RIN status
First time published in the Unified Agenda
Agenda stage of rulemaking
Final Rule Stage
CFR citation
26 CFR 1
Legal authority
26 U.S.C. 25F(h); 26 U.S.C. 7805; Pub. L. 119-21
Legal deadline
None
Timetable
Interim Final Rule, 07/00/2026 (no Federal Register citation)
Government levels affected
State
Additional information
REG number: REG-117199-25

(rin-1545-br97)RIN 1545-BR97, proposed regulations

Title
Tax Credit for Contributions of Individuals to Scholarship Granting Organizations
Abstract
“The proposed regulations would provide guidance on the new tax credit for contributions by individuals to scholarship granting organizations, as added to the Internal Revenue Code by the enactment of section 70411 of Public Law 119-21 (July 4, 2025), commonly referred to as the One Big Beautiful Bill Act. The new regulations will implement IRC 25F by providing for enforcement of the requirements for scholarship granting organizations and State elections to participate under IRC 25F, as well as recordkeeping and information reporting requirements for purposes of administering the requirements of IRC 25F.”
Agency
Department of the Treasury (TREAS) / IRS
Priority
Other Significant
RIN status
First time published in the Unified Agenda
Agenda stage of rulemaking
Final Rule Stage
CFR citation
26 CFR 1
Legal authority
26 U.S.C. 25F(h); 26 U.S.C. 7805; Pub. L. 119-21
Legal deadline
None
Timetable
Interim Final Rule, 07/00/2026 (no Federal Register citation)
Government levels affected
State
Additional information
REG-117199-25

(how-to-read-this)How to read this document

Three things in the text above carry the weight, and one common misreading is worth heading off.

The timetable action. An interim final rule takes legal effect on the day it publishes, with comments collected afterward. That is the reverse of a proposed rule, which binds nobody until the agency has answered comments and issued a final version. Treasury’s public statements, including its June 2026 guidance preview, describe proposed regulations by the end of September 2026. These entries describe a different instrument.

The stated purpose of the temporary rules. They exist so states can make an election and file their SGO lists in the fall of 2026 without waiting for final regulations. That timing is not an early start to the program: §25F(g)(1)(A) has always required a participating state to give Treasury its list “not later than January 1 of each calendar year (or, with respect to the first calendar year for which this section applies, as early as practicable).” The credit itself is available for contributions beginning January 1, 2027, and not before.

“Legal Deadline: None.” A Unified Agenda entry states an agency’s intent, not a commitment, and the 07/00/2026 date on both entries passed with nothing published. Agenda text is also often drafted weeks or months before OIRA posts it, so these entries may predate the June 2026 preview, and Treasury could still choose to publish a conventional proposed rule. The tell will be the label on the rule when it reaches OIRA for review, which is the step that precedes publication. As of July 29, 2026, neither RIN had arrived there.

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