For the American Opportunity Tax Credit, if student attends college for 1 semester in 2017 and 1 semester in 2018, does that count as one or two years for the tax credit?

[gseams]

I'm trying to understand if going to college for only one semester counts as one of the four years for the American Opportunity Tax Credit since the true first year of college would not be completed until the next semester of the following year.

[KrisD · Accepted solution]

That credit can only be taken 4 times per student. Please don't confuse this with being in the first four years of a degree. 

Being in the first four years of a degree means being a "freshman, sophomore, junior or senior'. A person can go to school for 5 years and still be in the 3rd year of a degree. Until you earn the bachelors, you are in the first four years. 

[BTDonovan]

I have seen guidance go both ways on this one, and I suppose that I should preface my remarks with the warning that I am not a lawyer or dispensing legal advice... check with your own counsel for authoritative interpretation of this situation and use at your own risk.

At first glance the law, 26 UC S132 would seem vague on what they mean by "first four years".  There is Publication 970 which is intended to be correct and informative, but not authoritative on this matter which seems to be explaining (pg 11) that fourth year is considered being a "senior" in an undergraduate program, presumably no matter how many years it has taken to attain that standing.  The key, of course, is that you don't take the AOC credit more than 4 times altogether and is not a graduate student.

A document from the IRS, "Education Credits: Questions and Answers", Q17, also non-authoritative, but explains that "[the taxpayer is] not required to claim the credit for a particular year.  If your child's college does not consider your child to have completed the first four years of college at the beginning of [2020], you may take credit in 2020."   Thus it seems the IRS recognizes  where the four years of eligibility are not necessarily used up by time in school, but instead by how many times the credit is claimed.

I am not aware of PLR's or rulings or cases which further define this situation, but it seems a very reasonable position to hold.