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MAY17
New Member

1098 T and 529 Plans - help!

I'm having a problem reporting education expenses on a 1098t and the related fund that were withdrawn from my son's 529 account to pay for tuition. 

The 1098t has his name on it and he is not filing a return because we claim him and he has no income. 

The 1099Q has my name listed at the recipient and him as the beneficiary.  

We withdrew exactly what the bill was for fall semester 2020 and Spring 2021 to pay and make sure we did not withdraw too much.

the fund from the 529 plan arrived in dec 2020 to make sure we had them to pay for the spring semester, but payment was actually made in very early 2021 for tuition. 

When I put 1098T and 1099Q amounts into TT we are getting tax on the extra amount it thinks we withdrew.

 

The 1098T shows what we actually paid (approx 7,600)in box 1 AFTER his scholarship of 5K that is listed in box 5.  His actual tution before scholarship is the $5K more.  I think it thinks we only had tuition of $2,600 not $7,600. 

 

Additionally, what do I do about the fact that the money from 529 came in December but we paid tuition in January.  We always seem to have this timing issue. please help!  I don't believe we owe the extra 10% tax on excess withdrawals. Parent name is recipient, so I can't just leave the 1099Q off my return or I will get audited.

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10 Replies
Hal_Al
Level 15

1098 T and 529 Plans - help!

@MAY17  said: "Parent name is recipient, so I can't just leave the 1099Q off my return or I will get audited"

 

Yes, you can (and should) and no, you have no more chance of being audited for doing so.

When the box 1 amount on form 1099-Q is fully covered by expenses, TurboTax will enter nothing about the 1099-Q on the actual tax forms. But, it will prepare a 1099-Q worksheet for your records..

On form 1099-Q, instructions to the recipient reads: "Nontaxable distributions from CESAs and QTPs are not required to be reported on your income tax return. You must determine the taxability of any distribution." 

 

 The 1098-T and 1099-Q are only an informational documents. The numbers on it are not required to be entered onto your tax return. 

You claim the tuition credit, or report scholarship income, or exclude 529 plan earnings based on your own financial records, not the 1098-T and 1099-Q. In the 1098-T screen, click on the link "What if this is not what I paid the school" underneath box 1. You will then be able to enter the actual amounts paid. 

 

At least two users have reported receiving a CP2000 letter, from the IRS,  on 529 distributions. They replied that their child was in college and the distributions were for qualified expenses, which they listed, but they did not provide receipts.. They  later received a notices saying they were in the clear. 

 

 

Hal_Al
Level 15

1098 T and 529 Plans - help!

You don't say anything about claiming a tuition credit.  If you are otherwise eligible, you should (usually) do so, even if it means paying some tax on the 529 distribution. 

 

Qualified Tuition Plans  (QTP 529 Plans) Distributions

General Discussion

It’s complicated.

For 529 plans, there is an “owner” (usually the parent), and a “beneficiary” (usually the student dependent). The "recipient" of the distribution can be either the owner or the beneficiary depending on who the money was sent to. When the money goes directly from the Qualified Tuition Plan (QTP) to the school, the student is the "recipient". The distribution will be reported on IRS form 1099-Q. 
The 1099-Q gets reported on the recipient's return.** The recipient's name & SS# will be on the 1099-Q.
Even though the 1099-Q is going on the student's return, the 1098-T should go on the parent's return, so you can claim the education credit. You can do this because he is your dependent.

You can and should claim the tuition credit before claiming the 529 plan earnings exclusion. The educational expenses he claims for the 1099-Q should be reduced by the amount of educational expenses you claim for the credit.
But be aware, you can not double dip. You cannot count the same tuition money, for the tuition credit,  that gets him an exclusion from the taxability of the earnings (interest) on the 529 plan. Since the credit is more generous; use as much of the tuition as is needed for the credit and the rest for the interest exclusion. Another special rule allows you to claim the tuition credit even though it was "his" money that paid the tuition.
In addition, there is another rule that says the 10% penalty is waived if he was unable to cover the 529 plan withdrawal with educational expenses either because he got scholarships or the expenses were used (by him or the parents) to claim the credits. He'll have to pay tax on the earnings, at his lower tax rate (subject to the “kiddie tax”), but not the penalty.

 

Total qualified expenses (including room & board) less amounts paid by scholarship less amounts used to claim the Tuition credit equals the amount you can use to claim the earnings exclusion on the 1099-Q. 
Example:
  $10,000 in educational expenses(including room & board)

   -$3000 paid by tax free scholarship***

   -$4000 used to claim the American Opportunity credit

 =$3000 Can be used against the 1099-Q (usually on the student’s return)

 

Box 1 of the 1099-Q is $5000

Box 2 is $2800

3000/5000=60% of the earnings are tax free; 40% are taxable

40% x 2800= $1120

You have $1120 of taxable income  

 

**Alternatively; you can just not report the 1099-Q, at all, if your student-beneficiary has sufficient educational expenses, including room & board (even if he lives at home) to cover the distribution. You would still have to do the math to see if there were enough expenses left over for you to claim the tuition credit. Again, you cannot double dip!  When the box 1 amount on form 1099-Q is fully covered by expenses, TurboTax will enter nothing about the 1099-Q on the actual tax forms. But, it will prepare a 1099-Q worksheet for your records.

On form 1099-Q, instructions to the recipient reads: "Nontaxable distributions from CESAs and QTPs are not required to be reported on your income tax return. You must determine the taxability of any distribution." 

***Another alternative is have the student report some of his scholarship as taxable income, to free up some expenses for the 1099-Q and/or tuition credit. Most people come out better having the scholarship taxable before the 529 earnings. 

Carl
Level 15

1098 T and 529 Plans - help!

First, some clarification

Schools work in academic years. The IRS works in calendar years. So the reality is, it takes you 5 calendar years to get that 4 years degree. With that said:

Qualified education expenses are claimed/reported on the tax return in the tax year they are actually paid. it *does* *not* *matter* what tax year is paid *for*.

Scholarships, grants, and 529 distributions are reported as taxable income (initially) in the tax year they are recieved. It "does* *not* *matter* what tax year that scholarship, grant or 529 distribution is *for*.  (The taxability of these items are offset by the qualified education expenses they are used to pay for "in that same tax year the money was received".

The 1098t has his name on it and he is not filing a return because we claim him and he has no income.

No problem there. But the student does have income. Keep reading.

The 1099Q has my name listed at the recipient and him as the beneficiary.

The 1099-Q gets reported on the tax return of the named beneficiary, *IF* that named benificiaries' income exceeds the threshold that would require them to actually file a tax return. Note that if the 1099-Q covers all qualified expenses remaining after scholarships/grants are applied, then the 1099-Q does not need to be reported on any tax return at all. (529 funds can be used for the unqualified but allowed expense of room and board, provided that room and board was in direct support of the education)

The 1098T shows what we actually paid (approx 7,600)in box 1 AFTER his scholarship of 5K that is listed in box 5.

The amount in box 1 of the 1098-T is the total amount received by the school from "all" sources in the tax year, for qualified education expenses. That includes scholarships, grants, out of pocket money, etc. But understand it only shows what was paid for the "qualified" education expenses of tuition, books and lab fees. Room and board costs are not included in box 1, since room and board is not a "qualified" education expense.

The amount in box 5 is the total amount of all scholarships/grants received by the student in the tax year.

If box 5 exceeds box 1, and if the school did *NOT* pay the difference to the student, then the school held it to apply to qualified education expenses next year. The TTX program can handle this just fine, so the student doesn't get taxed on what would otherwise be excess scholarship/grant money.

Also, understand that the 1098-T is most likely not all inclusive. Typically schools will "cut" the 1098-T for the student in the first week of december. But the expenses for the next semester are not paid until the 2nd or 3rd week of december. Therefore, the 1098-T box 1 may not include "everything" that was actually paid in 2020.

The best thing to do is to have the student log into their online college account, go to the financials section of their account and get you a printout of "everything". That will give you all the details that you "really" need, and those details will be more accurate than the 1098-T most of the time. Take note that if you have dated receipts for any out of pocket payments you may have made, those dated receipts trumps everything else.

what do I do about the fact that the money from 529 came in December but we paid tuition in January.

If the amount of the 529 distribution is more than $12K, then the student will need to report that on their own tax return since the student is the named benificiary on the 529. The student (not the parent) will be taxed on the amount over $12K, unless they have other deductions that would negate that. Then on the 2021 taxes next year, that 529 distribution recevied and taxed on the 2020 return, would be an "out of pocket" expense on the 2021 return, thus making it tax free and "canceling out" the taxes paid on it on the 2020 return.

In other words, over a period of two tax returns, it all "works out in the wash".

 

MAY17
New Member

1098 T and 529 Plans - help!

Our income is too high to claim the tuition credit.  I believe this is the case if income is over $180K correct?

Carl
Level 15

1098 T and 529 Plans - help!

In that case, it is the student that will report all the education stuff on their own tax return - and only if they are required to file one.

 

Hal_Al
Level 15

1098 T and 529 Plans - help!

@Carl  Poster earlier said student is their dependent. So, the student cannot claim the education credit, even if he otherwise needed to file a tax return 

Carl
Level 15

1098 T and 529 Plans - help!

@Hal_Al I just didn't clarify that. But it would still be the student reporting the education stuff if required to file a tax return. Qualifying for credits and stuff is a different matter. From the looks of it, doesn't appear to me the student is even required to file a return. But appearances can be misleading.

 

Goblue90
New Member

1098 T and 529 Plans - help!

Question: I want to prepay a calendar year of tuition, so pay all of calendar 2022, in December of 2021. I will also withdraw the funds from a 529 in December of 2021 to fund this prepayment.  The school says my 1098T will not reflect this, but that I can do it, with a corresponding email so they know what’s going on. 
I assume I won’t be harassed by the IRS as all the funding is going to qualified expenses.  Sound right?

 

thanks

Hal_Al
Level 15

1098 T and 529 Plans - help!

Q.  I want to prepay a calendar year of tuition, so pay all of calendar 2022, in December of 2021. I will also withdraw the funds from a 529 in December of 2021 to fund this prepayment.  I assume I won’t be harassed by the IRS as all the funding is going to qualified expenses.  Sound right?

 

A. Probably, but I haven't seen that specific question, before now.   Publication 970 makes it clear that you cannot prepay (except for an  academic period starting in the 1st 3 months of 2022) tuition and claim a tuition credit or deduction in 2021.  The section on QTPs (529 plans) does not contain a similar rule.  It does state that  distributions must be taken in the same tax year in which the qualifying expenses are paid.

1098 T and 529 Plans - help!

Good reasons to NOT pay the entire school year in advance : 

1) maybe the child doesn't complete all the semesters

2) leaving the money in the 529 plan will let it earn more income

3) against the rules ... cannot pay for the 2022 semesters past march in 2021

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