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marylincordero
New Member

Is it illegal for a parent to withheld money from their child, received from the 1098T form?

My parent claimed me in their tax returns, and filed the 1098T form. To my understanding the tax money recieved from that form should go to the student due to their high loans. However, my dad says he will not give it to me, even though im paying every loan, whether its under his name or mine. 

1 Reply
Carl
Level 15

Is it illegal for a parent to withheld money from their child, received from the 1098T form?

Assuming the student does not have a job, or has a low paying job, if the primary borrower on the loan is the student, then it's perfectly possible that the parents DO NOT QUALIFY to claim the student as a dependent. Not definite, but "POSSIBLE".

 But if the parents are the primary borrower (which is actually the smarter way to go tax-wise) then the parents qualify to claim the student. Period with no ifs, ands or buts. Most likely, even if the student does have a job. Note that there is NO support requirement on the parents. The parents do NOT have to provide one penny of support to the student, and the parents can still qualify to claim the student.

The requirement is on the student. Basically, if the STUDENT provided LESS THAN 50% of the STUDENT'S OWN SUPPORT then the parents qualify to claim the student as a dependent. On top of that, scholarships/grants DO NOT COUNT as the student providing their own support.

There is also no income limit on the student either. The student could have a job and earn a million dollars, and the parents could still qualify to claim the student as a dependent. Please read *A*L*L* of the below, paying attention to the last two paragraphs. Don't jump to the end either. Otherwise, you WILL misinterpret the last two paragraphs.

If you received a 1098-T for 2015, understand that the student is the only person on the planet that received that specific 1098-T. A copy is not sent to the IRS. The 1098-T is "informational only" for the student. You are not required to utilize the information on the 1098-T if you don't want to. Also, it’s not that uncommon for the 1098-T to be wrong either.

 The best thing to do is to have the student log on to their college account and go to their financials section of their account. There they can get a detailed printout of everything which can be used for filing taxes. But first, let me provide more information (which you may already be aware of) which may help alleviate confusion.

Understand that the IRS works in calendar years, while colleges work in academic years. So the reality is, it takes 5 calendar years to get that four year degree. So with that said:

 - Qualified education expenses are claimed in the tax year they are paid. It does not matter what year they pay "for".

 - Scholarhips and grants are claimed as taxable income (initially) in the tax year they are received. It does not matter what year that scholarship or grant is *for*.

So when looking at the detailed printout, be careful. What you are concerned with is the date a qualified expense was paid/applied. You should completely ignore the start date of the class it applies to.

If you don't find the below helpful because you may already know it, then I'm sure others reading this thread will. So please bear with me. (I like to be complete - it's just me)

              • College Education Expenses

Understand that figuring out who claims the student as a dependent, and determining who claims the education expenses & credits, is two different determinations. It depends on the specific situation as outlined below. After you read it, I have also attached a chart at the bottom. You can click on the chart to enlarge it so you can read it. If it’s still to hard to read on your screen then right-click on the enlarged image and elect to save it to your computer. Then you can double-click the saved image file on your computer to open it, and it will be even easier to read.

Here’s the general rules gisted from IRS Publication 970 at http://www.irs.gov/pub/irs-pdf/p970.pdf Some words are in bold, italicized, or capitalized just for emphasis. This is because correct interpretation by the reader is everything. Take the below contents LITERALLY, and do not try to “read between the lines”. If you do, you’ll interpret it incorrectly and risk reporting things wrong on your taxes. For example, there is a vast difference between “can be claimed” and “must be claimed”.  The first one indicates a choice. The second one provides no choice.

If the student:

Is under the age of 24 on Dec 31 of the tax year and:

Is enrolled in an undergraduate program at an accredited institution and:

Is enrolled as at least a half time student for one academic semester that begins during the tax year, (each institution has their own definition of a half time student) and:

the STUDENT did NOT provide more that 50% of the STUDENT’S support (schollarships/grants received by the student ***do not count*** as the student providing their own support)

Then:

The parents will claim the student as a dependent on the parent's tax return and:

The parents will claim all schollarships, grants, tuition payments, and the student's 1098-T on the parent's tax return and:

The parents will claim all educational tax credits that qualify.

If the student will be filing a tax return and:

The parents qualify to claim the student as a dependent, then:

The student must select the option for "I can be claimed on someone else's return", on the student's tax return. The student must select this option ieven f the parent's qualify to claim the student as a dependent, and the parents do not claim them.

Now here’s some additional information that may or may not affect who files the 1098-T. If the amount of scholarships/grants exceeds the amount of qualified education expenses, the parent will know this when reporting the education on their tax return, because the parent will not qualify for any of the tax credits. (They only qualify for tax credits based on out-of-pocket qualified expenses not covered by scholarships/grants.)  Also, the parent’s will not qualify for the credits depending on their MAGI which is different for each credit, and depends on the marital status of the parent or parents.

In the case where scholarships/grants covers “all” qualified education expenses, the parent’s don’t need to report educational information on their dependent student at all – but they still claim the student as a dependent if they “qualify” to claim the student.

 If the scholarships/grants exceed the qualified education expenses, then the student will report the 1098-T and all other educational expenses and scholarships/grants on the student’s tax return. The student will pay taxes on the amount of scholarships/grants that are not used for qualified education expenses. However, if the student’s earned income reported on a W-2, when added to the excess scholarships/grants does NOT exceed $6200, then the student doesn’t even need to file a tax return, and nothing has to be reported.

If the student has any other taxable income not reported on a W-2, and it exceeds $400, (not including taxable portion of scholarships/grants) then most likely it’s considered self-employment income. That will require a tax return to be filed and the student will have to pay the Self-Employment tax on that income.

Finally, regardless of the student’s W-2 earnings, if any taxes were withheld on those earnings and it was less than $6200, then the student should file a tax return so as to get those withheld taxes refunded.

 


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