huiyang48
New Member

Am I qualified for lifetime learning credit if I'm an international student (6th year in US)?

What about the standard deduction?
KenH1
New Member

Education

For the the Lifetime Learning Credit, you must be a citizen or resident alien.

For the standard deduction, you can take the full standard deduction as a resident alien.  As a non-resident alien, you can claim the standard deduction up to the amount of your US based income.

Education Benefit Comparison

IRS Pub for Non-Resident and Resident Aliens: https://www.irs.gov/publications/p519/ch01.html

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huiyang48
New Member

Education

Thank you very much!
Here's how I understand: I have been in US since August 2011, thus according to pub 519, I was considered dual state alien in 2013, and resident alien in 2014 and thereafter. However my school tax assistant told me it takes 5 years before I can file tax returns as a resident alien. I wonder if it is safe to assume that I can be considered a resident alien for full calendar year 2016 and therefore qualified for the credit?
KenH1
New Member

Education

I can't say for sure, but,  you would need to file a tax return to get the credit. So, if you're met the 5 year cut-off to file as a resident alien (which I was unaware of) , then I would think you've met the Lifetime Learning Credit requirement as well.
KenH1
New Member

Education

In the "education benefit comparison" above, take a look at the row entitled "Must you or your spouse be a U.S. Citizen or Resident Alien?"
huiyang48
New Member

Education

I see, that makes sense. Thank you.

Education

Q24. I am a Nonresident Alien, can I claim an education tax credit? 

A24. Generally, a Nonresident Alien cannot claim an education tax credit unless:

  • You are married and choose to file a joint return with a U.S. citizen or resident spouse, or 
  • You are a Dual-Status Alien and choose to be treated as a U.S. resident for the entire year. See Publication 519, U.S. Tax Guide for Aliens for more information.

From:

 

https://www.irs.gov/credits-deductions/individuals/education-credits-questions-and-answers#:~:text=G....