If my husband's parents paid for his MBA tuition expense and they DID NOT claim him as a dependent, can we claim the education credits/deduction on our tax return?

[zhang-briana]

we are filing as "married filing jointly on our tax return.

[Coleen3]

Yes, if you qualify.

Yes. You are eligible to claim the Lifetime Learning Credit if all of the following requirements are met:

• You (or your dependent or a third party) paid qualified education expenses for higher education.
• You paid the education expenses for an eligible student.
• The eligible student is you, your spouse, or a dependent you claim an exemption for on your tax return.
• Your modified adjusted gross income is less than $67,000($134,000 if you are married filing jointly).
• The credit is reduced between $57,000 and $67,000 ($114,000 and $134,000 MFJ).

To qualify, students must attend an eligible institution. Almost all accredited public, nonprofit and for-profit postsecondary schools (including many trade schools) fit this description. To make sure a school is eligible, go to fafsa.gov and verify that it has a Federal School Code..