Hal_Al
Level 15

Education

There is a tax “loop hole” available. The student reports all his scholarship, up to the amount needed to claim the American Opportunity Credit (AOC), as income on his return. That way, the parents  (or himself, if he is not a dependent) can claim the tuition credit on their return. They can do this because that much tuition was no longer paid by "tax free" scholarship.  You cannot do this if the school’s billing statement specifically shows the scholarships being applied to tuition or if the conditions of the grant are that it be used to pay for qualified expenses.

Using your example: Student has $5000 in box 5 of the 1098-T and $7500 in box 1. At first glance the parent can only claim $2500 for AOC.  But if the student reports $1500 as income on his return, the parents can claim $4000 of qualified expenses on their return.

Books and computers are also qualifying expenses for the AOC. So, extending the example, the student had another $1000 in expenses for those course materials, he would only need to report $500 of taxable scholarship income, instead of $1500.