Can I claim AOTC as a resident alien under F1 student vsa?

[xxin0507]

I have been a full-time F1 international student since 2011, so I believe I'm definitely a resident alien. I am currently pursuing my first bachelor degree (within the 4 year limit) Also, either my parents needs to file US returns. Am I eligible for AOTC?

[MinhT · Accepted solution]

Yes, as a resident alien, you are eligible for the American Opportunity credit if you satisfy all the requirements for the credit.

For the American opportunity tax credit, an eligible student is a student who: (1) is enrolled in a program leading toward a degree, certificate or other recognized post-secondary educational credential; (2) has not completed the first four years of post-secondary education as of the beginning of the taxable year; (3) for at least one academic period is carrying at least ½ of the normal full-time work load for the course of study the student is pursuing; and (4) has not been convicted of a felony drug offense.

[xxin0507]

Thank you!

[sangamgyawali0]

Q19. Can F-1 Visa students claim the AOTC?
A. For most alien individuals present in the U.S. on an F-1 Student Visa, the answer is no. Generally speaking, the time spent by an alien individual studying in the U.S. on an F-1 Student Visa would not count toward determining whether he or she was a resident alien under the substantial presence test for federal tax purposes. Thus, if you are an alien individual with an F-1 Student Visa, you are probably a nonresident alien. In general, if you are a nonresident alien for any part of the year, you do not qualify for the AOTC.

However, your parents may qualify for the credit even if you are a nonresident alien student if they claim you as a dependent on their tax return. If you are a U.S. resident filing Form 1040, and your parents do not claim you as a dependant, and you meet all of the other requirements for the credit, you may qualify for the credit.

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