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Current as of January 01, 2024 | Updated by Findlaw Staff
(1) A student scholarship organization:
(a) shall obligate at least 90% of its annual revenue from donations eligible for the tax credit under 15-30-3111 for scholarships. For the purpose of this calculation:
(i) the cost of the annual fiscal review provided for in 15-30-3105(1)(b) may be paid out of the total donations before calculation of the 90% minimum obligation amount; and
(ii) all donations subject to the 90% minimum obligation amount that are received in 1 calendar year must be paid out in scholarships within the 3 calendar years following the donation.
(b) may not restrict or reserve scholarships for use at a particular education provider or any particular type of education provider and shall allow an eligible student to enroll with any qualified education provider of the parents' or legal guardian's choice;
(c) shall provide scholarships to eligible students to attend instruction offered by a qualified education provider;
(d) may not provide a scholarship to an eligible student for an academic year that exceeds the per-pupil average of total public school expenditures calculated in 20-9-570;
(e) shall maintain separate accounts for scholarship funds and operating funds;
(f) may transfer funds to another student scholarship organization;
(g) shall maintain an application process under which scholarship applications are accepted, reviewed, approved, and denied; and
(h) shall comply with payment and reporting requirements in accordance with 15-30-3104 and 15-30-3105.
(2) An organization that fails to satisfy the conditions of this section is subject to termination as provided in 15-30-3113.
Cite this article: FindLaw.com - Montana Title 15. Taxation § 15-30-3103. Requirements for student scholarship organizations - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-15-taxation/mt-st-15-30-3103/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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