Hal_Al
Level 15

Education

Q. The issue is that we cannot get the $6400 R&B to show up as a qualifying ed expense for the AOTC. It SHOULD BE, since it was paid out of the 529 Plan distribution, right?

A. No. That's a misinterpretation of the rules. All that means is that room and board  are qualifying expenses for the 529 distribution not to get taxed.  R&B is never a qualifying expense for the AOTC. 

 

Q.  TT produces an AOTC (refundable credit) of just $35 -- related to just the books/supplies costs. Is that right?

A. Yes. 40% of $88. 

 

And she may not be eligible for that. If spring 2023 is her final term, that usually means it's her 5th calendar year in school. If you, as the parent of a student-dependent, already claimed the AOTC the max 4 times in the past, she is not allowed to claim it this year. 

 

If she does not have enough income to have a tax liability, why is she still not your dependent?

Can the student be claimed as a dependent in the Graduation year?

If he/she was a student (under 24) for at least 5 months and lived with you for more than half the year, and did not provide more than 1/2 his own support for the whole year, you can still claim him. Be sure he knows you're claiming him, so he doesn't claim himself. He can only be claimed once. But, he can "file taxes" without claiming his own exemption.

The real question is who should be claiming him in this "transition" year to adulthood. You two have to agree on who is going to claim his exemption. Each should do their taxes both ways and see which way the family comes out best.  Even then, you have to meet the rules. 

 

There are two types of dependents, "Qualifying Children"(QC) and Other ("Qualifying Relative" in IRS parlance even though they don't have to actually be related). There is no income limit for a QC but there is an age limit, student status, a relationship test and residence test. Only a QC qualifies a taxpayer for the Earned Income Credit.

The rule is that a child of a taxpayer can still be a “Qualifying Child” dependent, regardless of his income, if:

  1. he is a full-time student under 24 for at least 5 calendar months of the year (graduating in May usually means you meet the 5 month rule)
  2. he did not provide more than 1/2 his own support  (scholarships are considered 3rd party support and not support provided by the student). 
  3. lived with the parent (including time away at school) for more than half the year

 

So, it usually hinges on "Did he provide more than 1/2 his own support in 2022.

The support value of the home you provided is the fair market rental value of the home plus utilities & other expenses divided by the number of occupants. IRS Publication 501 on page 20 has a worksheet that can be used to help with the support calculation. See: http://www.irs.gov/pub/irs-pdf/p501.pdf  (page 15)