Virginia Child Care Tax Incentives

Current for 2026 Tax Year β€’ Last Updated: January 24, 2026

Use the 65% EISTC Scholarship Credit for Pre-K! Watch HB 403 (50% credit) and HB 1771 (Tri-Share) for 2027!

The 2026 Virginia Reality: A "Gap Year"

⚠️ Legislative Alert: Virginia is in Transition

The old "Child Day-Care Facility Investment Tax Credit" (Β§ 58.1-439.4) is dormant/expired. New legislation is pending for 2027.

Your 2026 Strategy: Use the EISTC (65% credit) + Federal 45F, and structure your benefits NOW so you're ready when the new laws pass!

40-50% Federal Section 45F Credit

Claim a tax credit for 40% (Large Business) or 50% (Small Business) of qualified child care expenses.

+
65% EISTC Scholarship Credit

Donate to Pre-K scholarship foundations and get 65% back as a state tax credit!

πŸŽ“ The EISTC "Hack" for Child Care

The Education Improvement Scholarships Tax Credit (EISTC) offers a 65% state tax credit for donations to scholarship foundations.

The Hack: While typically for K-12, this credit applies to Non-Public Pre-Kindergarten programs (ages 3-4) for low-income families!

The Math: Donate $10,000 β†’ Get $6,500 state credit + federal deduction β†’ Net cost often less than $1,000!

πŸ“‹ 2026 Legislative Watch

HB 403: 50% Refundable Employer Credit (up to $500k) - If passed, Virginia becomes "Top Tier" for 2027!
HB 1771: Tri-Share Pilot (33/33/33 cost-sharing) - Structure stipends NOW to be ready!
HB 1412: Attempting to revive the old Investment Credit for 2027

πŸ₯ Virginia Success Story: Bon Secours (Richmond)

The "Portfolio Approach" to Healthcare Child Care

The Bon Secours Model

  • The Facility: Family Center at St. Mary's - one of the few hospital-based on-site centers in the region
  • The Hours: Designed for healthcare schedules with early drop-offs to accommodate 12-hour shifts
  • The Reality: Even with on-site care, demand is high and waitlists exist
  • The Solution: Partner with Bright Horizons for backup care (like Capital One does in McLean)

πŸ’‘ The "Portfolio Approach"

"Bon Secours proves that a 'Portfolio Approach' works best. They built a center for the core staff and use Backup Care for the rest. You can use the Federal 45F Credit to offset the costs of both."

🏒 Capital One (McLean) Also Uses This Model

Capital One in McLean partners with Bright Horizons for backup care, proving this model works for both healthcare AND tech employers in Virginia.

The 65% EISTC Strategy

How to use the Education Improvement Scholarships Tax Credit for child care:

1️⃣ Find a Scholarship Foundation

Identify a scholarship foundation that funds Non-Public Pre-K programs (ages 3-4) for low-income families.

2️⃣ Make a Donation

Donate to the foundation. Your donation funds Pre-K scholarships for children in your community.

3️⃣ Claim 65% State Credit

File for the EISTC and receive a 65% state tax credit on your donation.

4️⃣ Claim Federal Deduction

The remaining 35% is a charitable donation, which you can deduct federally, reducing your net cost even further.

πŸ“Š EISTC Math Example

Donation to Pre-K Scholarship Foundation: $50,000
Virginia EISTC Credit (65%): -$32,500
Federal Deduction Value (~25%): -$12,500
Net Cost: $5,000

Result: $50,000 in Pre-K scholarships for just $5,000 net cost (10 cents on the dollar)!

Virginia-Specific Example: The "Portfolio + EISTC" Strategy

A Northern Virginia tech company combines multiple strategies for maximum impact.

Strategy Component Annual Cost Credits/Deductions Net Cost
EISTC Donation (Pre-K Scholarships) $25,000 -$22,500 (65% + fed) $2,500
Employee Stipends ($300/mo Γ— 30 employees) $108,000 -$54,000 (45F 50%) $54,000
Bright Horizons Backup Care Subscription $15,000 -$7,500 (45F 50%) $7,500
Resource & Referral Services $5,000 -$2,500 (45F 50%) $2,500
Total Annual Investment $153,000 -$86,500 $66,500

πŸ’° The Virginia Advantage

Total Investment: $153,000 | Total Credits: $86,500 | Net Cost: $66,500

That's 57% off your total investment! And if HB 403 passes, you'll save even more in 2027!

Virginia Compliance & Resources

πŸ“‹ Child Care Licensing (VDOE)

Child care licensing transferred to the Virginia Department of Education (VDOE). All facilities must be licensed.

VDOE Child Care β†’

πŸ” Find Licensed Providers

Search for licensed child care providers in Virginia through the state's official database.

Provider Search β†’

πŸŽ“ EISTC Information

Learn more about the Education Improvement Scholarships Tax Credit and approved scholarship foundations.

EISTC Info β†’

πŸ“„ Federal Form 8882

File IRS Form 8882 to claim the federal Section 45F credit on your child care expenses.

IRS Form 8882 β†’

Virginia Child Care Landscape

65% EISTC Credit Rate
50% Proposed HB 403 Rate
πŸ“‹ Watch 2026 Session

Key Virginia Markets

Employers in these Virginia markets are navigating the transition:

  • Northern Virginia (NoVA) – Tech, government contractors, consulting (Capital One, AWS)
  • Richmond – Healthcare, finance, government (Bon Secours, Dominion Energy)
  • Virginia Beach-Norfolk – Military, healthcare, tourism
  • Charlottesville – Education (UVA), healthcare, tech startups
  • Roanoke – Healthcare, manufacturing, transportation
  • Hampton Roads – Shipbuilding, military, logistics (Newport News Shipbuilding)

Virginia Section 45F FAQ

Does Virginia have an employer child care tax credit?
The old "Child Day-Care Facility Investment Tax Credit" (Β§ 58.1-439.4) is dormant/expired. However, Virginia has the EISTC (Education Improvement Scholarships Tax Credit) which offers a 65% credit for donations to scholarship foundations serving Pre-K children. Watch HB 403 for a new 50% employer credit in 2027.
What is the EISTC and how does it apply to child care?
The Education Improvement Scholarships Tax Credit (EISTC) offers a 65% state tax credit for donations to scholarship foundations. While typically for K-12, it applies to Non-Public Pre-Kindergarten programs (ages 3-4) for low-income families. Combined with federal deductions, your net cost can be less than 10 cents on the dollar!
What is HB 403 and when will it take effect?
HB 403 proposes a 50% Refundable Employer Credit (capped at $500,000). It was introduced in the 2026 session. If passed, it would turn Virginia from a "Federal Only" state into a "Top Tier" state for 2027. Structure your benefits now to be ready!
What is the Virginia Tri-Share pilot (HB 1771)?
HB 1771 proposes an "Employee Child Care Assistance Pilot Program" based on the Tri-Share model (33% employer, 33% employee, 33% state). Don't wait for the law to passβ€”structure your benefits as stipends NOW so you're ready to apply for the state match when it's signed.
How did Bon Secours solve child care in Richmond?
Bon Secours operates the Family Center at St. Mary's, providing on-site care designed for healthcare hours with early drop-offs. They also partner with Bright Horizons for backup care, using a "Portfolio Approach" that covers both core staff and overflow needs. You can use Federal 45F to offset the costs of both strategies.

Ready to Navigate Virginia's "Gap Year"?

Use our calculator to estimate your Federal 45F savings. Combine with EISTC for maximum impact while waiting for HB 403!

Share This Virginia Guide