Tuition Tax Refund

[superjae0625]

Hi, this is my second time that I filed tuition tax for my last 2019 school year. I am an international student currently working as OPT with F-1 Visa. I got refund 2018 year last time with Liberty Tax agency. 2019 tuition tax refund with my first time filing using TurboTax is already accepted by IRS. But I am wondering that I am not a US citizen and if it is still okay for me to get them.

[pk]

@superjae0625 , please need to know when you entered the country  with F-1.  Is the current F-1 an extension or the original one?  This is because  from your question , I wonder if you are still on exemption status or Non-Resident Alien  or  a Resident Alien for tax purposes??

The fact that Liberty Tax did your taxes  and you questions on the refund  concerns me  --  more because you may have used the wrong form to file the taxes both 2018 and 2019.

[superjae0625]

I firstly entered 2013-12-31. My current F-1 Visa is the extension one. In the middle of the time, I went back to my country to serve military duty and 2016 was a empty year that I had never been in the US at that time.

What form do you talking about for tuition tax refund? I submit the form which I downloaded from University Canvas website.

[KrisD15]

According to the IRS, you cannot take an education credit if:

You (or your spouse) were a nonresident alien for any part of (of the tax year) and the nonresident alien didn't elect to be treated as a resident alien for tax purposes. More information on nonresident aliens can be found in Pub. 519, U.S. Tax Guide for Aliens.

IRS PUB 970

[pk]

@superjae0625  so what you are saying is that your exemption status  expired in 2017  ( counting five Calendar years  including the year when you entered -- 2013 through 2017 ) the fact that you were absent for a year, does not extend your exemption period.  Thus , 2018 would have been your first  year of being a resident alien for tax purposes.  In such case, if you have SSN, an being taxed on world income as a Resident for Tax purposes, you should be eligible for  Tuition and fees   credit as TurboTax and Liberty Tax has done for you.  

Clearly this response disagrees with  that of @KrisD15    ONLY in that I consider  that you are a Resident Alien for tax purposes  and therefore the ensuing conclusion on eligibility  for   educational benefits  ( when paid  for by you ).

The tax treaty between US and your country of citizenship/residency  may also play into this --- which country are you from ?