Parent Loan Interest and Dependent Status. My son is a dependent on my ex-husband's return, but I pay some of the tuition with a parent loan and parent loan interest.

[lj38]

Can I deduct the interest if he is not a dependent on my return?  The loan is in my name and is paid directly to his college for tuition and fees.  Can I deduct any of the tuition expense?

[Phillip1 · Accepted solution]

You can deduct the interest, but only your former spouse can claim the tuition and fees deduction or one of the education credits (those tax breaks are tied to the dependent exemption).

See the following from IRS Publication 970 regarding student loan interest deductions:

Can You Claim the Deduction?

Generally, you can claim the deduction if all of the following requirements are met.

• Your filing status is any filing status except married filing separately.

• No one else is claiming an exemption for you on his or her tax return.

• You are legally obligated to pay interest on a qualified student loan.

• You paid interest on a qualified student loan.