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Yes. You can claim the American opportunity credit even though you used distributions from the 529 plan to pay for tuition. However, claiming the American opportunity credit could cause the earnings from the distribution to be subject to tax, if the adjusted qualified education expenses are less than the distribution.
Your distribution is made up of your
contributions which is your basis (box 3 of 1099Q) and also your earnings (box
2 of 1099Q). The contributions are never taxable.
To determine your adjusted qualified education expenses, you would take your qualified education expenses for 2016 and subtract any tax free educational assistance that you receive, such as scholarships. You would also subtract the amount of expenses that were used to calculate the American Opportunity credit.
For additional information on qualified education expenses, please refer to page 56 of pub 970 under the headings, "what is a qualified tuition program?" and "qualified education expenses". https://www.irs.gov/pub/irs-pdf/p970.pdf
For additional clarification on calculating your adjusted qualified education expenses and to calculate the amount of taxable earnings from your distribution, please refer to page 59 of pub 970 under the headings, "coordination with American opportunity and lifetime learning credits" and "example 2".
When coordinating the American Opportunity Credit and a 529 account - does Turbo Tax automatically adjust the qualified education expenses from the student's 1098 -T to maximize the credit and also determine if any of the 529 withdrawal would be taxable ?
Q. When coordinating the American Opportunity Credit and a 529 account - does Turbo Tax automatically adjust the qualified education expenses from the student's 1098 -T to maximize the credit and also determine if any of the 529 withdrawal would be taxable ?
A. Simple answer: yes. But it gets tricky, particularly if the student has scholarships. Review both the Student Info worksheet and !099-Q work sheet to verify the result.
Be sure to enter room and board expenses (even if the student lives off campus or at home) and books, a required computer, and course materials to reduce the taxable amount. Enter the 1099-Q before entering the 1098-T.
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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, in case of an IRS inquiry.
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.
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