Can my student claim the American Opportunity Credit?

[DadofStudent]

As a parent, if I do not claim my child, who is a college student, as a dependent because I max out the income requirement for the American Opportunity Credit, can my student claim independent on his tax return in order to receive the $1,000 credit? He had no taxes withheld by his employer and therefore, has no tax liability.

[TomK2023]

No.  It is not a "choice".   If your child CAN be claimed as a dependent (even if you choose not to claim him), then he is required to say on his own tax return that he can be claimed.  

In most situations, a full-time college student under the age of 24 can still be claimed as a qualified child dependent on the parents' tax return.  The person who claims the dependent gets the education credits. 

He can file his own tax return in order to seek a refund of tax withheld from his paychecks, but in My Info he has to say that he can be claimed as someone else's dependent.

[Hal_Al]

Q.  Can my student claim independent on his tax return in order to receive the $1,000 credit?

A. No.  A full time unmarried student, under age 24, even if you don't qualify as a dependent, is only eligible for the refundable portion of the American Opportunity Credit if he supports himself by working. You cannot be supporting yourself on parental support, 529 plans or student loans & grants. It is usually best if the parent claims that credit.  .

Reference: Line 7 instructions for form 8863. https://www.irs.gov/instructions/i8863