How Trump's Tax Bill Could Let Donors Avoid Capital Gains Tax

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last updated 26 June 2025

U.S. Senate Republicans are scrambling to push forward President Donald Trump’s sweeping tax cut and spending bill in the coming days, and one provision could help you avoid capital gains tax.

It’s a proposal tucked within the “Big Beautiful Bill” that tax policy analysts are calling unprecedented, because it calls for a dollar-for-dollar federal tax credit for donations to private school voucher programs, capped at $5 billion per year nationwide.

The U.S. House of Representatives' tax plan, which is undergoing revisions in the Senate, would reduce the tax incentive for most charitable giving, while nearly tripling the tax incentive available to donors that fund free or reduced private K-12 schools, according to the Institute on Taxation and Economic Policy (ITEP).

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The provision would also provide donors who contribute appreciated assets, like corporate stock, to Scholarship Granting Organizations an additional tax benefit: avoiding capital gains tax.

As currently drafted, the bill could reportedly result in over $2 billion in capital gains tax being avoided over the next decade.

Here’s what you need to know about this potential tax break.

What is a tax credit voucher?

The federal provision drafted by House Republicans, which aims to reward individuals who make charitable donations to Scholarship Granting Organizations (SGOs), is a modified version of the proposed Educational Choice for Children Act.

SGOs are non-profit organizations that distribute donated funds to students via scholarships, often for private school tuition. The awards can be used to pay for tuition, books, and homeschooling costs.

How would the voucher tax credits work?

In exchange for a donation to private K-12 school vouchers, taxpayers get a dollar-for-dollar tax credit.
The nonrefundable tax credit would be limited to a greater of $5,000 or 10% of your adjusted gross income (AGI) for the taxable year.
As a bonus, individuals who donate their stock to an SGO wouldn’t have to pay capital gains taxes on any increase in the stock’s value.
As noted, the bill would cap the tax credit at $5 billion each of the next four years, through 2029.

The concept would promote private school choice by using public funds to help families pay for private school tuition or homeschooling expenses. This includes religious schools, which most voucher students attend.

It’s also referred to as “universal school choice,” a policy that the Trump administration has advocated for. It also aligns with Project 2025, a conservative policy agenda created by the Heritage Foundation.

Who qualifies for the scholarships?

Under the GOP plan, Scholarship Granting Organizations would distribute donated money via scholarships to households earning at or below 300% of a given area’s median gross income.

It must also be for a qualified elementary or secondary education expense, including (but not limited to):

Curriculum and curricular materials
Books
Fees for nationally standardized testing
Online educational materials
Tuition or fees for a private K-12 school and homeschooling expenses

Avoid capital gains tax under Trump's 'big bill'?

As currently drafted, Trump’s "big, beautiful bill" would distribute $5 billion a year in federal tax credits for private school voucher donors each year.

All donors to private school voucher programs would receive a dollar-for-dollar tax break, but the bill would create a lucrative tax shelter for wealthy people who funnel pubic funds into private schools.

That’s because private school voucher donors who contribute corporate stock, for example, would avoid capital gains tax.

Overall, the capital gains tax avoidance would cost the federal government billions, ITEP estimates.

The federal government could lose more than $2 billion in capital gains tax revenue over the next decade.
That’s on top of the roughly $21.5 billion cost of the tax credit alone.
Overall, the net revenue loss could amount to over $23.6 billion in 10 years.

States would also be impacted: The capital gains tax avoidance facilitated by the voucher credit in the One Big Beautiful Bill would hit nearly every state’s revenue over a decade.

In California, revenue could be impacted by $176.6 million, New York’s revenue could be impacted by $86.8 million, while Massachusetts could see a loss of $29.4 million.

Other cuts to charitable donations

The dollar-for-dollar tax rebate for donors to private school voucher programs is “unprecedented at the federal level,” ITEP analysts say, as no other charity has ever received that kind of allowance.

What’s troubling: The Republican-led tax plan calls to cut charitable giving tax incentives for donors to most nonprofit groups while tripling the incentive to donors that fund private K-12 school vouchers.

Under the GOP-led tax plan, donors to children’s hospitals or other charities would receive no more than 35 cents in tax savings for each dollar donated, down from a maximum tax benefit of 37 cents.
Additionally, the OBBBA stands to reduce the average benefit of itemized deductions for charitable giving by more than a quarter.

Some critics of voucher programs argue that public dollars should be used to boost spending in public schools, not to subsidize private education. The proposed private school voucher tax credit would create an indirect way of funding private schools with taxpayer dollars.

The One Big Beautiful Bill Act: What’s next

The U.S. Senate has set a goal of passing its version of Trump’s One Big Beautiful Bill Act by July 4, 2025.

As currently drafted, the major tax cuts and spending bill would add roughly $3 trillion to the debt through the next decade, and add nearly $5 trillion if temporary provisions from Trump’s Tax Cuts and Jobs Act (TCJA) are made permanent.

The measure includes a variety of changes to family tax credits and education credits. This provision enabling tax credits for donors to private school voucher programs could be a major tax break for the wealthy, helping donors avoid capital gains tax.

As reported by Kiplinger, there are other ways you can minimize your capital gains tax liability, like tax-loss harvesting, holding investments for more than one year, or taking advantage of tax-advantaged accounts like 401(k)s or an IRA.

Stay tuned for more updates on the OBBBA and how it can impact your finances.

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Gabriella Cruz-Martínez is a seasoned finance journalist with 8 years of experience covering consumer debt, economic policy, and tax. Before joining Kiplinger as a tax writer, her in-depth reporting and analysis were featured in Yahoo Finance. She contributed to national dialogues on fiscal responsibility, market trends and economic reforms involving family tax credits, housing accessibility, banking regulations, student loan debt, and inflation.

Gabriella’s work has also appeared in Money Magazine, The Hyde Park Herald, and the Journal Gazette & Times-Courier. As a reporter and journalist, she enjoys writing stories that empower people from diverse backgrounds about their finances no matter their stage in life.