Can Dependant Child claim AOTC by filing separately as single if parent income is high ?

Hello,

 

Due to high income, AOTC cannot be claimed by parents who are filing jointly. 

So can my college going child file separately to claim the refundable $1000 AOTC in 2021

if we don't claim him as a dependent on our return ?

 

We will lose $500 dependent credit but our child stands to gain $1000 by filing separately.

Our child has no income, fulltime student, we provide more than 50% of the support and paid his tuition.

But somewhere I read AOTC cannot be claimed if the child does not provide more than 50% support

and this credit is only meant for parents/guardians who pay for these expenses.

 

Reading thru 8863, Pub 970 chap 2 , our child fulfills all the requirements and is eligible for AOTC credit.

Please advise if our child can file separately to claim $1000 refundable credit if we choose to not include him as our dependent ?

 

Who Can Claim a Dependent's Expenses?

If there are qualified education expenses for your dependent during a tax year, either you or your dependent, but not both of you, can claim an American opportunity credit for your dependent's expenses for that year.

 

IF you...THEN only...
claim on
your tax return a
dependent who is an
eligible student
you can claim the American opportunity credit based on that dependent's expenses. The dependent can't claim the credit.
don't claim on your tax return a dependent who is an eligible student (even if entitled to claim the dependent)the dependent can claim the American opportunity credit. You can't claim the credit based on this dependent's expenses.