I filed my taxes as Head of Household claiming my daughter as a dependent (college student). The tax advisor told me that my daughter needed to file her own tax return because according to the 1098-T the scholarships/grants exceeded the qualified education expenses. She has a W-2 with wages of $6278 and the exceeding amount on her 1098-T is of $5617 totaling $11,895 as taxable income. The standard deduction is $12,500 according to the 1040 for her. Is this correct? She does not need to pay any taxes? I want to double check before I file because the tax advisor told me that I had to pay taxes for her.
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You are correct, since her taxable income is less than the standard deduction of $12,550, she is not required to file a federal return. Your state filing requirement may be different. She would have any federal tax withheld on her W-2 from Box 2 refunded to her if she were to file a tax return for 2021, but she is not required to.
There is a tax “loop hole” available. The student reports all his scholarship, up to the amount needed to claim the American Opportunity Credit (AOC), as income on his return. That way, the parents (or himself, if he is not a dependent) can claim the tuition credit on their return. They can do this because that much tuition was no longer paid by "tax free" scholarship. You cannot do this if the school’s billing statement specifically shows the scholarships being applied to tuition or if the conditions of the grant are that it be used to pay for qualified expenses.
Using an example: Student has $10,000 in box 5 of the 1098-T and $8000 in box 1. At first glance he/she has $2000 of taxable income and nobody can claim the American opportunity credit. But if she reports $6000 as income on her return, the parents can claim $4000 of qualified expenses on their return.
Books and computers are also qualifying expenses for the AOC. So, extending the example, the student had another $1000 in expenses for those course materials, paid out of pocket, she would only need to report $5000 of taxable scholarship income, instead of $6000.
Please clarify: If you are a dependent on another person's tax return and you are filing your own tax return, your standard deduction cannot exceed the greater of $1,100 or the sum of $350 and your individual earned income.
Since the daughter's earned income is zero, isn't her Standard deduction$1,100?
@SweetieJean Poster stated that his/her dependent has a W-2 for $6278. Although taxable scholarship is unearned income for purposes of the "Kiddie tax" (and some other tax stuff), it is considered earned income for purposes of the standard deduction. So the student-dependent's standard deduction is her earned income + $350. $11,895 + 350 = 12,245. Not quite the full $12,550, but close enough for government work. Her calculated income tax 0.
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