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xxin0507
New Member

Can I claim AOTC as a resident alien under F1 student vsa?

I have been a full-time F1 international student since 2011, so I believe I'm definitely a resident alien. I am currently pursuing my first bachelor degree (within the 4 year limit) Also, either my parents needs to file US returns. Am I eligible for AOTC?
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MinhT
Expert Alumni

Can I claim AOTC as a resident alien under F1 student vsa?

Yes, as a resident alien, you are eligible for the American Opportunity credit if you satisfy all the requirements for the credit.

For the American opportunity tax credit, an eligible student is a student who: (1) is enrolled in a program leading toward a degree, certificate or other recognized post-secondary educational credential; (2) has not completed the first four years of post-secondary education as of the beginning of the taxable year; (3) for at least one academic period is carrying at least ½ of the normal full-time work load for the course of study the student is pursuing; and (4) has not been convicted of a felony drug offense.



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3 Replies
MinhT
Expert Alumni

Can I claim AOTC as a resident alien under F1 student vsa?

Yes, as a resident alien, you are eligible for the American Opportunity credit if you satisfy all the requirements for the credit.

For the American opportunity tax credit, an eligible student is a student who: (1) is enrolled in a program leading toward a degree, certificate or other recognized post-secondary educational credential; (2) has not completed the first four years of post-secondary education as of the beginning of the taxable year; (3) for at least one academic period is carrying at least ½ of the normal full-time work load for the course of study the student is pursuing; and (4) has not been convicted of a felony drug offense.



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xxin0507
New Member

Can I claim AOTC as a resident alien under F1 student vsa?

Thank you!

Can I claim AOTC as a resident alien under F1 student vsa?

Q19. Can F-1 Visa students claim the AOTC?
A. For most alien individuals present in the U.S. on an F-1 Student Visa, the answer is no. Generally speaking, the time spent by an alien individual studying in the U.S. on an F-1 Student Visa would not count toward determining whether he or she was a resident alien under the substantial presence test for federal tax purposes. Thus, if you are an alien individual with an F-1 Student Visa, you are probably a nonresident alien. In general, if you are a nonresident alien for any part of the year, you do not qualify for the AOTC.

However, your parents may qualify for the credit even if you are a nonresident alien student if they claim you as a dependent on their tax return. If you are a U.S. resident filing Form 1040, and your parents do not claim you as a dependant, and you meet all of the other requirements for the credit, you may qualify for the credit.

<a rel="nofollow" target="_blank" href="https://www.irs.gov/newsroom/american-opportunity-tax-credit-questions-and-answers">https://www.irs....>
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