I have a 22 year old felony drug conviction. Does this disqualify me from the AOTC credit for school?

[jerry2000 · Accepted solution]

Yes, it does. A felony drug conviction ever in your life disqualifies you. See page 16 of IRS Publication 970, Tax Benefits for Education, at this link:
https://www.irs.gov/pub/irs-pdf/p970.pdf

[eattingfaces]

It specifically says through the year 2020, ..... also on the shorthand sight says within the tax year...... I mean if they did not want a drug convicted felon.....the most unconstitutional crime with most of which having no victims..... besides the point here ..... I digress.... why does it not just say NO DRUG FELONS PERIOD?!?

Real question here, can anyone actually give this more insight than just assuming it says NO DRUG FELONS bc it clearly does not say that.... I mean I will not just go and file for it but it seems to me to state you do not qualify for that year that you got said felony it is not like the FAFSA form that also is prejudice towards only drug felons ...clearly we got a problem here in society and rules need be revised....  murder a child no problem you get student loans and tax credits.... smoke weed in Texas then you get no govi help MUWHAHAHAHA 

[eattingfaces]

It specifically says through the year 2020, ..... also on the shorthand sight says within the tax year...... I mean if they did not want a drug convicted felon.....the most unconstitutional crime with most of which having no victims..... besides the point here ..... I digress.... why does it not just say NO DRUG FELONS PERIOD?!?

Real question here, can anyone actually give this more insight than just assuming it says NO DRUG FELONS bc it clearly does not say that.... I mean I will not just go and file for it but it seems to me to state you do not qualify for that year that you got said felony it is not like the FAFSA form that also is prejudice towards only drug felons ...clearly we got a problem here in society and rules need be revised....  murder a child no problem you get student loans and tax credits.... smoke weed in Texas then you get no govi help MUWHAHAHAHA 

[DawnC]

Unfortunately, that is the case with the American Opportunity Tax Credit.  One of the AOTC qualifiers is - - As of the end of 2020, the student had not been convicted of a felony for possessing or distributing a controlled substance.   There are other educational credits and deductions that you can qualify for with a felony conviction such as the Lifetime Learning Credit and the Tuition and Fees Deduction.     @eattingfaces

[eattingfaces]

"as of the end of 2020 and within 20202."    That is what I am saying though... is the whole thing could be stated with less words and make more sense to exclude someone.  The idea of it stating as of the end ......shows me they are saying if you are not convicted yet so you still can.....but that percent of people is so slim that why even state that and not just say if convicted within the year.    Stating it how the IRS site says gives the exclusion the interpretation of the tax year by itself.  

@DawnC 

[eattingfaces]

As in how could anyone with drugs use any money from said credits or anything beyond the initial year, it is typed up as if the year you are filing for is of matter, and to say up until the year is redundant ( I know the IRS is im sure too.) but leaving room for wrong interpretation ....it would be nice to speak to officials... that do not exist other than my expert advisors here lol.


@DawnC YEEEEEEEEEEE 

[DawnC]

It is the IRS :(   - next year, the form will say ''As of the end of 2021''.    Here is another discussion about the credit that you may want to look at.