Vanessa A
Expert Alumni

Education

Yes, you can claim the NYS education credit and not claim the federal credit.  

 

Under NY rules, since she is not claimed as a dependent and paid tuition at an eligible institution, then she can claim the credit.  This credit is a $400 refundable credit which means even if she does not have a tax liability, she can still get the $400.

 

As for the federal AOTC, if you paid more than half of her support, then she would not be eligible for the AOTC even if you are not claiming her.  Since she is under 24, she would need to support herself with earned income in order to claim the refundable portion of the credit.  Since her income is less than the standard deduction of $12,950, she would not benefit from the nonrefundable portion as she has no tax liability. 

 

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