MY SON ATTENDS A MAJOR COLLEGE WHERE HE IS A FULL TIME STUDENT. LAST YEAR WE PAID THE BALANCE OF HIS TUITION & FEES LESS THE FINANCIL AID HE RECEIVED. FEES INCLUDED ON CAMPUS HOUSING AND ON CAMPAS PARKING. WE DID NOT RECEIVE A 1098 T FROM THE SCHOOL IN OUR, THE PARENTS NAME. SHOULD WE HAVE RECEIVED A 1098 T IN OUR NAME AND CAN WE DEDUCT THE AMOUNT WE PAID ON OUR TAX RETURN FOR HIS EDUCATION EXPENSES?
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He would get the 1098-T but you would use it to claim education credit. Your qualified expenses are tuition, books and other items required for his courses but not room and board and parking fees.
The 1098T issued in your son's name can be used by you for claiming educational credit by you if you are claiming your son as a dependent.
The campus housing and on-campus parking are not qualified educational expenses and cannot be included.
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It is not unusual for schools not to issue a 1098-T, when the tuition and fees are fully covered by scholarships. I such cases, you qualify for an exception to not getting a 1098-T. However, as others have said, room, board and parking are not qualified expenses for a tuition credit*.
There is a tax “loop hole” available. The student reports all his scholarship, up to the amount needed to claim the American Opportunity Credit (AOC), as income on his return. That way, the parents (or himself, if he is not a dependent) can claim the tuition credit on their return. They can do this because that much tuition was no longer paid by "tax free" scholarship. You cannot do this if the school’s billing statement specifically shows the scholarships being applied to tuition or if the conditions of the grant are that it be used to pay for qualified expenses.
Using an example: Student has $10,000 in box 5 of the 1098-T and $8000 in box 1. At first glance he/she has $2000 of taxable income and nobody can claim the American opportunity credit. But if she reports $6000 as income on her return, the parents can claim $4000 of qualified expenses on their return.
Books and computers are also qualifying expenses for the AOC. So, extending the example, the student had another $1000 in expenses for those course materials, paid out of pocket, she would only need to report $5000 of taxable scholarship income, instead of $6000.
*Room & board (but not parking) are qualified for a 529 plan distribution.
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