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How to apply my unused credits towards dependent child's unearned income tax

I have two dependent children in college. They both received scholarships in excess of their qualified expenses and therefore there is federal and state tax to pay on the excess.

I had home energy and retirement credits in excess of my tax liability. 

Since my children are claimed as my dependents, is there a way that I can apply my lost/unused credit  towards their scholarship tax liability (which I pay for them)? My credits that were not used would cover the taxes for the scholarships.

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1 Best answer

Accepted Solutions
Hal_Al
Level 15

How to apply my unused credits towards dependent child's unearned income tax

There may be somethings you can do to lessen their tax liability, depending on the numbers.

 

Beware that Scholarships are a hybrid between earned and unearned income. It is earned income for purposes of the $13,850 filing requirement and the dependent standard deduction calculation (earned income + $400).  It is not earned income for the kiddie tax and other purposes (e.g. EIC).  If that is their only income, the first $13,850 will not get taxed. 

 

Even though your student is on scholarship it is possible for you to claim a tuition credit by him declaring $4000 more of his scholarship taxable. See explanation below the line.  However, If your tax liability is already zero, that's only worth $1000 (the "refundable" portion) to you (vs. max $2500).  His tax on the $4000 should only be $400-500.  There is a four times limit to claiming the AOTC.  If you expect your income to be higher next year, you may not want to "waste" one of your four on this year. 

 

There is a provision that allows your student-dependent to claim a federal tuition credit. From a practical matter it seldom works out.  But, depending on the numbers, might in your case. A student, under age 24, is only eligible for the refundable portion of the American Opportunity Credit (AOTC) if he/she supports himself by working. She cannot be supporting herself on student loans & grants and 529 plans and parental support.  It is usually best if the parent claims that credit.  

If the student actually has a tax liability, there is a provision to allow him to claim a non-refundable tuition credit. But then the parent must forgo claiming the student as a dependent, and the $500 (non refundable) other dependent credit.  The student must still indicate that he can be claimed as a dependent, on his return. This is worth up to $2500 (AOTC shifts to all non refundable)

 

__________________________________________________________________________________________

There is a tax “loop hole” available to claim an education credit, for the parents of students on scholarship. 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.

 

View solution in original post

3 Replies
Hal_Al
Level 15

How to apply my unused credits towards dependent child's unearned income tax

No. You cannot use your tax  credits on someone else's tax return, even if they are your dependents.

 

 

Hal_Al
Level 15

How to apply my unused credits towards dependent child's unearned income tax

There may be somethings you can do to lessen their tax liability, depending on the numbers.

 

Beware that Scholarships are a hybrid between earned and unearned income. It is earned income for purposes of the $13,850 filing requirement and the dependent standard deduction calculation (earned income + $400).  It is not earned income for the kiddie tax and other purposes (e.g. EIC).  If that is their only income, the first $13,850 will not get taxed. 

 

Even though your student is on scholarship it is possible for you to claim a tuition credit by him declaring $4000 more of his scholarship taxable. See explanation below the line.  However, If your tax liability is already zero, that's only worth $1000 (the "refundable" portion) to you (vs. max $2500).  His tax on the $4000 should only be $400-500.  There is a four times limit to claiming the AOTC.  If you expect your income to be higher next year, you may not want to "waste" one of your four on this year. 

 

There is a provision that allows your student-dependent to claim a federal tuition credit. From a practical matter it seldom works out.  But, depending on the numbers, might in your case. A student, under age 24, is only eligible for the refundable portion of the American Opportunity Credit (AOTC) if he/she supports himself by working. She cannot be supporting herself on student loans & grants and 529 plans and parental support.  It is usually best if the parent claims that credit.  

If the student actually has a tax liability, there is a provision to allow him to claim a non-refundable tuition credit. But then the parent must forgo claiming the student as a dependent, and the $500 (non refundable) other dependent credit.  The student must still indicate that he can be claimed as a dependent, on his return. This is worth up to $2500 (AOTC shifts to all non refundable)

 

__________________________________________________________________________________________

There is a tax “loop hole” available to claim an education credit, for the parents of students on scholarship. 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.

 

How to apply my unused credits towards dependent child's unearned income tax

Thank you!

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