Enlarge image | 2021 Credit for Contributions Arizona Form to Private School Tuition Organizations 323 For information or help, call one of the numbers listed: FOR CALENDAR YEAR FILERS: Credit eligible cash Phoenix (602) 255-3381 contributions made to a private STO from January 1, 2022, to From area codes 520 and 928, toll-free (800) 352-4090 April 18, 2022, may be used as a tax credit on either the 2021 Tax forms, instructions, and other tax information or 2022 Arizona income tax return. If you need tax forms, instructions, and other tax information, If you claim this credit in 2021 for a cash contribution made go to the department’s website at www.azdor.gov. from January 1, 2022, to April 18, 2022, you must make an adjustment on your 2022 Arizona Form 140 Schedule A, Form Income Tax Procedures and Rulings 140PY Schedule A(PY) or A(PYN), or Form 140NR Schedule These instructions may refer to the department’s income tax A(NR). procedures and rulings for more information. To view or print these, go to our website select Reports, Statistics and Legal If the allowable tax credit is more than your tax or if you have Research from the main menu, then click on Legal Research no tax, you may carry the unused credit forward for up to the and select a Document Type and Category from the drop down next 5 consecutive taxable years’ income tax liability. menus. A private STO is an organization that meets all of the Publications following: • To view or print the department’s publications, go to our The organization is tax exempt under Section 501(c)(3) of website select Reports, Statistics and Legal Research from the the Internal Revenue Code (IRC). main menu then click on Publications in the left hand column. • The organization allocates at least 90% of its annual revenue from contributions to educational scholarships or General Instructions tuition grants. • The organization makes its scholarships or grants NOTE: You must also complete Arizona Form 301, available to students of more than one qualified school. Nonrefundable Individual Tax Credits and Recapture, and A “qualified school” means a preschool that offers services to include Forms 301 and 323 with your tax return to claim this students with disabilities, nongovernmental primary or a credit. secondary school that is located in Arizona. The school Arizona law provides a credit for cash contributions made to a cannot discriminate on the basis of race, color, handicap, private school tuition organization (STO) that provides familial status, or national origin and requires all teaching staff scholarships or grants to qualified schools. and personnel that have unsupervised contact with students to This credit is available only to individuals. Corporations may be fingerprinted. A qualified school does not include a charter not claim this credit. A partnership may not pass the credit school or programs operated by a charter school. The primary through to its partners. An S corporation may not pass the school must begin with kindergarten and the secondary school credit through to its shareholders. must end with grade 12. The credit is equal to the amount of cash contributed up to the In the case of a preschool that offers services to students with maximum amount allowed. For 2021, the maximum amount disabilities, a “student with disabilities” is a student who has of credit that a taxpayer can establish for the current taxable any of the following conditions: year is $611 for single taxpayers or heads of household. For • hearing impairment; married taxpayers that file a joint return, the maximum credit • visual impairment; that can be established for the current taxable year is $1,221. • developmental delay; In most cases, for married taxpayers who file separate returns, • preschool severe delay; or each spouse may claim only one-half (½) of the credit that would have been allowed on a joint return. • speech and/or language impairment. NOTE: The maximum amount of credit established for the NOTE: The Arizona Department of Revenue is required to current taxable year does not include any unused valid certify STOs. The department maintains a list of currently carryover amount(s) from prior taxable years. Because this is certified STOs on its website at www.azdor.gov. a nonrefundable credit, the total amount of available credit To qualify for the credit all cash contributions must be made [current year plus any valid carryover amount(s)] that a to a certified STO. To determine if your cash contributions taxpayer may use for the taxable year cannot be greater than made in 2021 and/or 2022, qualify for this credit, you should the tax liability shown. verify that the STO you made a contribution to is certified. A cash contribution for which a credit is claimed and that is For a list of STOs certified to receive cash contributions for made on or before the fifteenth day of the fourth month the individual income tax credit, see the department’s website. following the close of the taxable year may be applied to Your cash contribution to the STO will not qualify for the either the current or preceding taxable year and is considered credit if you designate the contribution for the direct benefit of to have been made on the last day of that taxable year. your dependent. For Arizona purposes, “dependent” has the |
Enlarge image | Arizona Form 323 same meaning provided in section § 152 of the IRC. For • Column (a): the date you made the contribution purpose of this credit, it does not matter if you qualify to take (MM/DD/2021); the dependent deduction • Column (b): the name of the private STO; • NOTE: Your cash contribution will also not qualify if you Column (c): street address of the private STO; • designate a student beneficiary as a condition of your Column (d): location (city and state) of the private STO; contribution to the STO. Also, the tax credit is not allowed if and • you agree with another person to designate each other’s Column (e): the amount of cash contributions made from contributions to the STO for the direct benefit of each other’s January 1, 2021, through December 31, 2021. dependent, a practice commonly known as swapping. NOTE: Do not include those cash contributions that you made from January 1, 2021, through April 15, 2021, for which You cannot claim both a tax credit and an itemized deduction you or your spouse claimed a credit on the 2020 tax return. for the amount of contributions made to a private STO for which you are claiming an Arizona tax credit. If you made cash contributions to more than three private STOs, complete the Continuation Sheet on page 3, and include Before claiming this credit, make sure the STO issues you a it with the credit form. receipt for the contribution. The receipt should show all of the following: Line 4 • name and address of the STO; Enter the amount from line 4h of the Continuation Sheet; • name of the taxpayer; otherwise enter “0”. • amount paid; Line 5 • date paid; and Add lines 1 through 4, column (e) and enter the total. • the tax year for which you will claim the contribution. B. Cash contributions made January 1, 2022 through Please keep this receipt with your tax records. For more April 18, 2022, for which you or your spouse are information on school tax credits, see the department’s claiming a credit on the 2021 tax return publication, Pub 707, School Tax Credits. NOTE: If you are married and filing separate returns, be sure to NOTE: You may be able to make credit eligible contributions include all cash contributions made by you and your spouse. to a STO through payroll withholding. Check with your employer to see if your employer has agreed to withhold Lines 6, 7, and 8 contributions that qualify for this credit from your pay. Enter the following for each private STO to which you made contributions from January 1, 2022 through April 18, 2022, Line-by-Line Instructions for which you are claiming a credit on your 2021 tax return: • Column (a): the date you made the contribution Enter your name and Social Security Number (SSN) as shown (MM/DD/2022); on Arizona Forms 140, 140PY, 140NR, or 140X. • Column (b): name of the private STO; All returns, statements, and other documents filed with the • Column (c): street address of the private STO; department require a taxpayer identification number (TIN). • Column (d): location (city and state) of the private STO; The TIN for an individual is the taxpayer's SSN or an Internal and Revenue Service (IRS) individual taxpayer identification • Column (e): the amount of contributions made from number (ITIN). Taxpayers that fail to include their January 1, 2022 through April 18, 2022. identification number may be subject to a penalty. If you made cash contributions to more than three private NOTE: Complete Parts 1, 3, and 4, if you are claiming a new STOs, complete the Continuation Sheet on page 3 of the form credit for the current tax year. and include it with the credit form. If you are only claiming a carryover amount available from a Line 9 previous credit, complete Parts 2 and 3. Enter the amount from page 3, line 9h, of the Continuation Sheet; otherwise enter “0”. Part 1 - Current Year’s Credit Line 10 A. Cash contributions made January 1, 2021 through Add lines 6 through 9, column (e). Enter the total. December 31, 2021 Line 11 NOTE: If you are married and filing separate returns, be sure Add lines 5 and 10. Enter the total. to include all cash contributions made by you and your spouse. Line 12 Lines 1, 2, and 3 Single taxpayers and taxpayers filing as head of household, Enter the following for each private STO to which you made enter $611. Married taxpayers enter $1,221. contributions from January 1, 2021, through December 31, 2021, and for which you are claiming a current year’s credit on your return. 2 |
Enlarge image | Arizona Form 323 Line 13 - Current Year’s Credit Line 23 Enter the smaller of line 11 or line 12. If you are married Enter the total amount of contributions made during the filing a separate return, but you could have filed a joint return, taxable year: you may take only one-half (½) of the total credit that you and • Single taxpayers, heads of household and married your spouse would have been allowed to take on a joint return, taxpayers filing a joint return; enter the total amount from up to a maximum of $611 each. In this case, enter one-half Part 1, line 11. (½) of the smaller of line 11 or line 12. • Married taxpayers filing separate; enter one-half (½) of NOTE: If you made contributions that total more than the the total amount from Part 1, line 11. allowable current year’s credit on Form 323, you may claim a Line 24 - credit on Arizona Form 348 for some or all of the contributions that exceed the maximum allowable amount. To Enter the maximum credit allowed on Form 323: determine if you have excess contributions available to claim • Single taxpayers and heads of household; enter $611. a credit on Form 348, complete Part 4 of Form 323. For • Married taxpayers filing joint; enter $1,221. additional information see Form 348. • Married taxpayers filing separate; enter $611. Part 2 - Available Credit Carryover Line 25 – Excess Contributions: Lines 14 through 19 Subtract line 24 from line 23. Enter the difference. If less Complete lines 14 through 19 to figure your available credit than zero, enter “0”. carryover from taxable years 2016 through 2020. Complete If the amount on line 25 is more than zero, you have excess lines 14 through 19 if you claimed this credit on a return for contributions available and may claim a credit on Form 348 one of these years and the credit was more than your tax. for those contributions. NOTE: You may carry over only that portion of the credit If the amount on line 25 is “0,” you do not have any excess that you do not apply to tax. You cannot carry over any contributions available to claim on Form 348. amount that you gave that was more than the amount allowed EXAMPLE: During 2021, Mary, a single person, gave as a credit. See the example at the end of these instructions. $1,400 to a private STO. For 2021, Mary is allowed a • In column (b) enter the credit originally computed for maximum credit on Form 323 of $611. Mary’s 2021 tax that taxable year listed in column (a). liability is $400. Mary may apply $400 of the $611 credit • In column (c) enter the amount of the credit from that claimed on Form 323 against her 2021 tax liability. Mary may taxable year which you have already used. carryover the unused credit of $211 to her 2022 income tax • Subtract the amount in column (c) from column (b) and return. Mary may not claim a credit on Form 323 for the $789 enter the difference in column (d). gift that was more than the allowable credit ($1,400 minus • Add the amounts entered on lines 14 through 18 in allowable credit of $611). column (d). However, Mary may claim a credit on Arizona Form 348 for Enter the total on line 19, column (d). the contribution made to the private STO that was more than the $611 allowable credit. The credit Mary may claim on Part 3 - Total Available Credit Form 348 cannot exceed the maximum credit allowed on that Line 20 form. Enter the amount from Part 1, line 13. Also, enter this amount To compute that credit, Mary must complete Form 348 in on Form 301, Part 1, line 10, column (a). addition to Form 323. Mary must also complete Arizona Form 301. For 2021, Mary would compute her available Line 21 credit for Form 348 as follows. Enter the amount from Part 2, line 19, column (d). Also, enter this amount on Form 301, Part 1, line 10, column (b). Line 22 2021 total contribution made to STOs $1,400 2021 maximum allowable credit claimed on Form 323 $ 611 Add line 20 and line 21. Enter the total. Also, enter this Mary’s 2021 tax liability $ 400 amount on Form 301, Part 1, line 10, column (c). Less: available tax credit - Form 323 $ 400 Part 4 - Do I Have Excess Contributions Available Balance of tax $ 0 to Claim on Arizona Form 348? Carryover available for 2021 from Complete Part 4, lines 23 through 25, to determine if you have Form 323 ($611 minus $400) $ 211 excess contributions available to claim a credit on Arizona Contribution available to calculate the allowable Form 348, Contributions to Certified School Tuition credit on Form 348 ($1,400 minus $611). Mary must complete Arizona Form 348 to figure that credit. Organization – Individuals. $ 789 3 |