54367
You'll need to sign in or create an account to connect with an expert.
If you and she can file a joint return (form 1040), then you are eligible to claim one of the education benefits on that return. The most important of these are the American Opportunity Credit, the Lifetime Learning Credit, and the Tuition and Fees deduction.
Since she is in the US on an F-1 visa, and therefore, I assume, not a resident for tax purposes, you and she can only file a joint return if you, her husband, are a resident for tax purposes as of 12/31/16 - that is, a citizen, a green card holder, or someone who passes the substantial presence test. For the details of this, refer to IRS publication 519, chapter 1.
Taxpayers who are non-resident aliens filing form 1040NR, and also any taxpayer using the "married filing separately" status, are not eligible to claim any of the above education benefits.
Reference: pub 519, section titled "Tax Credits and Payments"
If you and she can file a joint return (form 1040), then you are eligible to claim one of the education benefits on that return. The most important of these are the American Opportunity Credit, the Lifetime Learning Credit, and the Tuition and Fees deduction.
Since she is in the US on an F-1 visa, and therefore, I assume, not a resident for tax purposes, you and she can only file a joint return if you, her husband, are a resident for tax purposes as of 12/31/16 - that is, a citizen, a green card holder, or someone who passes the substantial presence test. For the details of this, refer to IRS publication 519, chapter 1.
Taxpayers who are non-resident aliens filing form 1040NR, and also any taxpayer using the "married filing separately" status, are not eligible to claim any of the above education benefits.
Reference: pub 519, section titled "Tax Credits and Payments"
Still have questions?
Questions are answered within a few hours on average.
Post a Question*Must create login to post
Ask questions and learn more about your taxes and finances.
oreillyjames1
New Member
ir63
Level 2
matto1
Level 2
girishapte
Level 3
afletchertfc
New Member