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bcy2538
New Member

Resident Alien for AOTC Refundable Part

I know I am eligible for AOTC, but just not sure whether I can claim the REFUNDABLE part. 

 

I was under age 24 at the end of 2020 and a full-time student. 

 

I just became a resident alien for the tax purpose for the year 2020, but the thing is I checked Publication 970 and all the online resources. It mentioned that if I can be claimed as a dependent, then I am not eligible for the refundable tax credit, but still eligible for a nonrefundable tax deduction. 

 

My parents are not US citizens and currently living in my home country, so no one in the US can claim me as a dependent. However, they pay for my tuition while I pay all my living expenses, which means my earned income is not one-half of my support. 

 

Now, the question is whether the money my parents sent me from foreign countries counts toward my own earned income. 

 

It is complicated. I have been digging a lot of information online and talked to tax specialists, and I still get divergent answers on my situation. 

 

Thank you for anyone's inputs in advance. 

 

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1 Reply
DaveF1006
Expert Alumni

Resident Alien for AOTC Refundable Part

It depends. The ruling says that You cannot claim the American Opportunity Tax Credit “if you're claimed as a dependent on another person's tax return, such as your parent's tax return,” according to the IRS. This is interpreted to mean on your parents tax return only if they file a US tax return. You can file a return claiming your own dependency.

 

You may also claim the AOTC even if your parents do pay your tuition. 

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