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Level 2
June 5, 2019
Solved

American opportunity credit

  • June 5, 2019
  • 25 replies
  • 89 views
My son did not work this summer, so will not have a W2 to file any earned income tax.  Is he still able to file for this credit? I make too much money to gain from it.  Thank you!
Best answer by Hal_Al

No, he cannot claim the credit if he is under age 24.

Even if he had earned income, he does not automatically qualify for the credit.   A student, under age 24, is only eligible if he supports himself by working . You cannot be supporting yourself on student loans & grants. He/she does not qualify for the (up to) $1,000 refundable portion of the American Opportunity Credit (AOC) if items 1, 2, and 3 below apply to him. 


1. He was:
.....a. Under age 18 at the end of 2014, or 
......b. Age 18 at the end of 2014 and his earned income was less than one-half of his support, or 
......c. A full-time student over age 18 and under age 24 at the end of 2014 and his earned income was less than one-half of his support .
2. At least one of his parents was alive at the end of 2014.
3. He is not filing a joint return with his spouse for 2014.

25 replies

mrsbuzzAuthor
Level 2
June 5, 2019
We file jointly and are way below the joint file income limit amount I see on IRS site.
Alumni - Champ
June 5, 2019
To be a dependent, HIS (the student's) does not matter if he is under age 24, as long as he does not provide more than 50% of HIS OWN support. Will he still eb age 23 on 12/31/2017?
mrsbuzzAuthor
Level 2
June 5, 2019
Yes.  He will not be 24 until next June 2018.
Alumni - Champ
June 5, 2019
and if he CAN be your dependent under the IRS rules, he cannot "claim himself."
mrsbuzzAuthor
Level 2
June 5, 2019
Understood.  Thank you.
Alumni - Champ
June 5, 2019
Let me clarify: To be a dependent, HIS income does not matter if he is under age 24, as long as he does not provide more than 50% of his own support.
mrsbuzzAuthor
Level 2
June 5, 2019
Thank you.
mrsbuzzAuthor
Level 2
June 5, 2019
I  think the confusion (past) occurred because he was not always "half-time or greater" enrolled in college.  He was half-time during Spring 2017 semester and is full-time enrolled for this fall semester of 2017.
Hal_Al
Level 15
Level 15
June 5, 2019
To claim the AOC, the student must be half time or more; whether it is the student or the parent claiming the credit. Then there's the additional requirements to claim the refundable portion of the AOC.

For the parent to claim the student as a Qualifying Child dependent; the student must be FULL TIME for parts of 5 calendar months. If not, the student may still qualify as a Qualifying Relative, but then there is an income test and it's only $4050.
mrsbuzzAuthor
Level 2
June 5, 2019
Thank you! Very helpful.