Q. If the distribution is characterized as not paying for education expenses, the 10% penalty is applied by Turbo Tax?
A. That's correct.
Q. Do I characterize the distributions in Turbo tax as paying expenses for my daughter?
A. Yes, if you actually had expenses, in the amount of the distribution, that were not paid by tax free scholarship. Room & board (R&B) are qualified expenses for a 529 distribution. R&B are not qualified expenses for scholarships to be tax free (or for a tuition credit).
You can just not report the 1099-Q, at all, if your student-beneficiary has sufficient educational expenses, including room & board (even if he lives at home) to cover the distribution. When the box 1 amount on form 1099-Q is fully covered by expenses, TurboTax will enter nothing about the 1099-Q on the actual tax forms. But, it will prepare a 1099-Q worksheet for your records. You cannot count expenses that were paid by tax free scholarships. You cannot double dip!
References:
- 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."
- IRS Pub 970 states: “Generally, distributions are tax free if they aren't more than the beneficiary's AQEE for the year. Don't report tax-free distributions (including qualifying rollovers) on your tax return”.
It's not clear what you're trying to do. Provide the following info for more specific help:
- Are you the student or parent (already answered)
- Is the student the parent's dependent (already answered)
- Box 1 of the 1098-T
- box 5 of the 1098-T
- Any other scholarships not shown in box 5
- Does box 5 include any of the 529/ESA plan payments (it should not)
- Is any of the Scholarship restricted; i.e. it must be used for tuition
- Box 1 of the 1099-Q
- Box 2 of the 1099-Q
- Who’s name and SS# are on the 1099-Q, parent or student (who’s the “recipient”)? (already answered)
- Room & board paid. If student lives off campus, what is school's R&B on campus charge. If he lives at home, the school’s R&B “allowance for cost of attendance” for student living with parents.
- Other qualified expenses not included in box 1 of the 1098-T, e.g. books & computers
- How much taxable income does the student have, from what sources
- Are you trying to claim the tuition credit (are you eligible)?
- Is the student an undergrad or grad student? (already answered)
- Is the student a degree candidate attending school half time or more?
