Hal_Al
Level 15

Education

No, you do not claim room and board (R&B), on your return.  R&B are not shown anywhere on the 1098-T.  Furthermore R&B are not qualified expenses for the Education/tuition tax credit (that the parent claims on their tax return).  But, R&B are qualified expenses for a 529 distribution.  You do not, usually, claim all the expenses on the 1098-T on your return.  You claim only enough to get the tuition credit.  Anything left over can be claimed against the 1099-Q, on the student's return. 


Q. The 1099-Q is solely my daughter's name.  So, I don't believe I would use a 5329 form

within my daughter's tax return.  The 5329 form would be included in my return, correct?

A.  No.  The penalty form 5329 goes with the 1099-Q.  So, if it goes anywhere, it goes on her return.  But, it doesn't go anywhere, because she has sufficient expenses (mostly R&B, but also unused  expenses [not needed by you] from tuition, books and a required computer). You, usually, only need $4000 of expenses to claim the maximum tuition credit.  If you enter everything correctly, in TT,  there will be no penalty or tax, for the 1099-Q. But, entering all that is complicated. 

 

So, since you know the outcome (no reportable income, no tax, no penalty, no requirement for the student to file a tax return), just don't enter the 1099-Q. In fact, don't even start a tax return for her.  She is not required to file that 1099-Q, just because it's in her name. 

 

On form 1099-Q, instructions to the recipient reads: "Nontaxable distributions from CESAs and QTPs are not required to be reported on your income tax return. You must determine the taxability of any distribution."