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Thanks to all that have responded in here - there is some very good information in this thread. I have a first year college student and have been struggling to find the correct information to file my taxes for both myself and my child and I'm now a bit more comfortable.
One thing I still don't have clarity on and hopefully someone does -
If we had all 529 distributions sent directly to the university, do we even need to report the 1098-T and 1099-Q forms?
You don't need to enter either form if you spent all of your 529 plan distributions on qualifying education expenses. However, if the education expenses are more than the scholarship income and you claim your child as your dependent, you may benefit from an education credit if you enter the form 1098-T on your tax return.
If you do so, however, your son may have taxable income to the extent you use qualifying education expenses that were paid for from the 529 plan proceeds to qualify for your education credit. In that case, you should enter the form 1099-Q on your child's tax return to see if he has any tax liability.
You can just not report the 1099-Q, at all, if your student-beneficiary has sufficient educational expenses, including room & board (even if he lives at home) to cover the distribution. This is true, whether the distribution were sent to the school or the owner or even the beneficiary. . When the box 1 amount on form 1099-Q is fully covered by expenses, TurboTax will enter nothing about the 1099-Q on the actual tax forms. But, it will prepare a 1099-Q worksheet for your records. You would still have to do the math to see if there were enough expenses left over for you to claim the tuition credit. You also cannot count expenses that were paid by tax free scholarships. You cannot double dip!
On form 1099-Q, instructions to the recipient reads: "Nontaxable distributions from CESAs and QTPs are not required to be reported on your income tax return. You must determine the taxability of any distribution."
_____________________________________________________________________________________
Qualified Tuition Plans (QTP 529 Plans) Distributions
General Discussion
It’s complicated.
For 529 plans, there is an “owner” (usually the parent), and a “beneficiary” (usually the student dependent). The "recipient" of the distribution can be either the owner or the beneficiary depending on who the money was sent to. When the money goes directly from the Qualified Tuition Plan (QTP) to the school, the student is the "recipient". The distribution will be reported on IRS form 1099-Q.
The 1099-Q gets reported on the recipient's return.** The recipient's name & SS# will be on the 1099-Q.
Even though the 1099-Q is going on the student's return, the 1098-T should go on the parent's return, so you can claim the education credit. You can do this because he is your dependent.
You can and should claim the tuition credit before claiming the 529 plan earnings exclusion. The educational expenses he claims for the 1099-Q should be reduced by the amount of educational expenses you claim for the credit.
But be aware, you can not double dip. You cannot count the same tuition money, for the tuition credit, that gets him an exclusion from the taxability of the earnings (interest) on the 529 plan. Since the credit is more generous; use as much of the tuition as is needed for the credit and the rest for the interest exclusion. Another special rule allows you to claim the tuition credit even though it was "his" money that paid the tuition.
In addition, there is another rule that says the 10% penalty is waived if he was unable to cover the 529 plan withdrawal with educational expenses either because he got scholarships or the expenses were used (by him or the parents) to claim the credits. He'll have to pay tax on the earnings, at his lower tax rate (subject to the “kiddie tax”), but not the penalty.
Total qualified expenses (including room & board) less amounts paid by scholarship less amounts used to claim the Tuition credit equals the amount you can use to claim the earnings exclusion on the 1099-Q.
Example:
$10,000 in educational expenses(including room & board)
-$3000 paid by tax free scholarship***
-$4000 used to claim the American Opportunity credit
=$3000 Can be used against the 1099-Q (usually on the student’s return)
Box 1 of the 1099-Q is $5000
Box 2 is $2800
3000/5000=60% of the earnings are tax free; 40% are taxable
40% x 2800= $1120
You have $1120 of taxable income
**Alternatively; you can just not report the 1099-Q, at all, if your student-beneficiary has sufficient educational expenses, including room & board (even if he lives at home) to cover the distribution. You would still have to do the math to see if there were enough expenses left over for you to claim the tuition credit. Again, you cannot double dip! When the box 1 amount on form 1099-Q is fully covered by expenses, TurboTax will enter nothing about the 1099-Q on the actual tax forms. But, it will prepare a 1099-Q worksheet for your records, in case of an IRS inquiry.
On form 1099-Q, instructions to the recipient reads: "Nontaxable distributions from CESAs and QTPs are not required to be reported on your income tax return. You must determine the taxability of any distribution."
***Another alternative is have the student report some of his scholarship as taxable income, to free up some expenses for the 1099-Q and/or tuition credit. Most people come out better having the scholarship taxable before the 529 earnings.
Thanks for the responses you two. Very much appreciated! One more (hopefully) final question for clarification. Disbursements reported in a 1099-Q on a given year do not have to be used for educational expenses in the same calendar year, correct? One of the 529 disbursements we made was in late December 2021 for tuition that was due in early January 2022 for the spring 2022 semester. So while the 1099-Q shows this disbursement in 2021, the university didn't post it until early 2022. Hence, it's not on the 1098-T for 2021.
Q. Disbursements reported in a 1099-Q on a given year do not have to be used for educational expenses in the same calendar year, correct?
A. That's not correct.
Technically, the distribution must be in the same year that the expenses were paid. However, it's a common problem. The consensus, in this forum, is that you should treat the distribution and expenses as matched and hope the IRS has some sympathy if you are audited. Certainly the intent of the 529 law has been met, if not the letter.
Try to do better next year
Thanks for all the great responses. I find myself in a similar situation and am not sure how to proceed:
My daughter (in college) just received a CP2057 regarding her a 1099-Q payment not matching what was reported. We had the 529 send the money to the college's Prepaid plan, where you pay for all 4 years of tuition and room/board up front, and then they draw it down over time. Since it's qualified expenses, there's nothing in her tax form that was submitted, but we have the Form 1099-Q sheet that TT generated as "Keep for your records". How should I respond to the CP-2057? Do I file a 1040-X even though there are no adjustments, and include the worksheet with Part III ? Or is there a different way this should be handled?
@jay1994 You are the first person, that I know of, to report this situation (using 529 money for a prepaid plan), in this forum. I think you should contact the IRS office that sent the CP2057 and explain the situation. Transfers ("rollovers") to another 529 plan are allowed. But, IRS Publication 970 does not specifically describe a transfer to a college prepaid plan as allowed. It's pretty clear that paying future expenses (beyond the 1st term of the next year) is not allowed.
Please post back what you find out, for others reading this.
@Hal_Al Thanks for the speedy reply! My question is - HOW exactly do I contact them? I tried calling, and reached a person who was very nice but who told me he didn't have the training on 529s and transferred me to another department, after which I waited on hold for a very long time and eventually the line went dead. Is there a better way?
Write to them. Explain what you did and that you believe you have a qualified distribution and/or Rollover. At least two users, in this forum, have reported receiving a CP2000 letter, from the IRS, on 529 distributions. They replied that their child was in college and the distributions were for qualified expenses, which they listed, but they did not provide receipts.. They later received a notices saying they were in the clear. Others have reported that just sending copies of school statements satisfied the IRS.
Because of the uniqueness and uncertainty of your situation, you may want to consult with a local tax expert to help you prepare your response.
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