Tax Credits for Educational Expenses

Illinois

Individual Tax Credit/Deduction

Student Eligibility

Educational expenses must be used for students who are residents of Illinois, who are younger than 21, and attend kindergarten through 12th grade in a public, private, or home school in Illinois. Qualified expenses include tuition, books and lab or activity fees. Beginning in 2018, the state imposed an income limit for the tax credit. Married families with a federal Adjusted Gross Income (AGI) exceeding $500,000, as well as non-married families with an AGI of $250,000, are no longer eligible for the credit. _(Last updated December 18, 2023)_

Use of Funds

Parents receive a tax credit worth 25 percent of their K–12 expenditures after the first $250 spent, up to a maximum credit of $750 per family. To get the maximum $750 credit, parents must spend $3,250 on educational expenses; they also must have a state tax liability of at least $750 because the credit is nonrefundable and thus cannot reduce an individual’s tax burden to less than zero. _(Last updated December 18, 2023)_

Legal History

On February 8, 2001, the Illinois Supreme Court refused to grant appeals from two lower court decisions upholding constitutionality of the state’s two tax credits for education programs. The Illinois Federation of Teachers, Illinois Education Association, and the People for the American Way brought the two lawsuits in state court arguing the program violated the First Amendment of the U.S. Constitution and religion clauses of the Illinois Constitution. Illinois appellate courts upheld the programs. _Toney v. Bower_ , 744 N.E.2d 351 (Ill. App. 4th Dist. 2001), appeal denied, 195 N.E.2d 573 (Ill. 2001); _Griffith v. Bower_ , 747 N.E.2d 423 (Ill. App. 5th Dist. 2001), appeal denied, 755 N.E.2d 477 (Ill. 2001). _(Last updated December 6, 2023)_

Program Timeline

1999

Program Enacted

Legislation passed to create the program

2000

Program Launched

Program began accepting applications

2023

Last Updated

December 18, 2023

Program Guidelines

Income Limit** $500,000 (married); $250,000 (single)
Prior Public School** None
Enrollment Cap** None
Testing Mandate** None