PolicyBrief
H.R. 9353
119th CongressJun 18th 2026
To amend the Internal Revenue Code of 1986 to exempt qualified religious institutions from the excise tax on investment income.
IN COMMITTEE

This bill exempts qualified religious institutions from the federal excise tax on investment income.

Mike Kelly
R

Mike Kelly

Representative

PA-16

LEGISLATION

Religious Colleges to See Tax Break on Investment Income Starting in 2026

This bill targets Section 4968 of the Internal Revenue Code to carve out a specific tax exemption for 'qualified religious institutions.' Currently, certain large private colleges and universities pay a 1.4 percent excise tax on their net investment income—essentially a tax on the money their endowments earn. Under this proposal, if a school meets specific religious criteria, it will no longer have to cut that check to the IRS for tax years beginning after December 31, 2025. This isn't just a blanket pass for any school with a chapel; the bill sets a December 31, 2026, deadline for the Treasury to finalize the rules on who actually makes the cut.

Defining the 'Faith Factor'

To get this tax break, an institution has to prove it’s more than just religious in name. According to the bill, the school must have been established after July 4, 1776, and maintain a formal link to a church or a convention of churches. This link is strictly defined: either 25 percent of the school’s board must be appointed by the religious group, or there must be a 'formal written agreement' that spells out their shared mission and values. For a student at a small faith-based college, this could mean the school has more internal funding available for campus improvements or scholarships rather than sending those investment gains to the federal government.

The Paper Trail and the Mission

Beyond the board of directors, the bill requires the school to put its money where its mouth is—literally. The institution must maintain a published mission statement that is explicitly based on religious tenets or teachings. Additionally, the governing body of the associated church must formally designate the school as a religious institution based on its alignment with their values. While this provides a clear framework, it also creates a bit of a gray area. For example, a university administrator will need to ensure their mission statement is 'religious' enough to satisfy the IRS, while the Treasury Department will have to decide exactly how much 'alignment' is required to qualify for the exemption.

Revenue Shifts and Real-World Trade-offs

When the government stops taxing a specific group, that money has to come from somewhere else, or the deficit simply grows. By exempting these endowments, the U.S. Treasury will see a dip in tax revenue. While this is a win for the financial health of religious universities, it creates a discrepancy between them and secular private colleges that still have to pay the excise tax on their own investments. If you’re an alum or a donor to a secular university, you might notice your school facing a tax bill that a similarly sized religious neighbor now gets to skip. The long-term impact depends on how many schools successfully pivot their governing documents to meet these new 'qualified' standards by the 2026 deadline.