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Level 1
June 6, 2019
Question

My son got a 1099 Q in his name and SSN. We are claiming him as a dependent. Does he have to claim the 1099q or do we? We are cliaming the 1098T on our taxes. When he we

  • June 6, 2019
  • 12 replies
  • 97 views
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12 replies

Hal_Al
Level 15
Level 15
June 6, 2019

He does. And you are correct, you claim the 1098-T. Full explanation follows. It’s complicated.

For 529 plans, there is an “owner” (usually the parent), and a “beneficiary” (usually the student dependent). The "recipient" of the distribution can be either the owner or the beneficiary depending on who the money was sent to. When the money goes directly from the Qualified Tuition Plan (QTP) to the school, the student is the "recipient". The distribution will be reported on IRS form 1099-Q. 
The 1099-Q gets reported on the recipient's return.** The recipient's name & SS# will be on the 1099-Q.
Even though the 1099-Q is going on the student's return, the 1098-T should go on the parent's return, so you can claim the education credit. You can do this because he is your dependent.

You can and should claim the tuition credit before claiming the 529 plan earnings exclusion. The educational expenses he claims for the 1099-Q should be reduced by the amount of educational expenses you claim for the credit.
But be aware, you can not double dip. You cannot count the same tuition money, for the tuition credit,  that gets him an exclusion from the taxability of the earnings (interest) on the QTP. Since the credit is more generous; use as much of the tuition as is needed for the credit and the rest for the interest exclusion. Another special rule allows you to claim the tuition credit even though it was "his" money that paid the tuition.
In addition, there is another rule that says the 10% penalty is waived if he was unable to cover the 529 plan withdrawal with educational expenses either because he got scholarships or the expenses were used (by him or the parents) to claim the credits. He'll have to pay tax on the earnings, at his lower tax rate (subject to the “kiddie tax”), but not the penalty.

Total qualified expenses (including room & board) less amounts paid by scholarship less amounts used to claim the Tuition credit equals the amount you can use to claim the earnings exclusion on the 1099-Q. 
Example:
  $10,000 in educational expenses(including room & board)

   -$3000 paid by tax free scholarship

   -$4000 used to claim the American Opportunity credit

 =$3000 Can be used against the 1099-Q (usually on the student’s return)

Box 1 of the 1099-Q is $5000

Box 2 is $600

3000/5000=60% of the earnings are tax free

60%x600= $360

You have $240 of taxable income (600-360)

 

**Alternatively; 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. You would still have to do the math to see if there were enough expenses left over for you to claim the tuition credit. Again, you cannot double dip!

Level 2
June 6, 2019
I have a similar situation where my son received a 1099Q from 529 payments to the school in his name.  Gross distribution was $12K, with $7300 as a basis and $4700 in earnings.  Of the $12K distribution, $1400 was a refund to my son from the school for him to pay for books/supplies.  The 1098T in his name reported $7K in block 1.  I'm looking to also use either the American Opportunity credit or Lifetime Learning credit on my tax return without double dipping.  In the above example, why do they use $4K to claim the credit.  I thought the credit was for $2500.
Level 2
July 4, 2019
Is there a big difference between a 529 plan and a 529 prepaid tuition plan in qualifying for AOTC. Prepaid plans exclusively pays the tuition first, regardless of grants or scholarships.
Level 2
April 7, 2022

Yes, but. My son doesn't file taxes. His earned income is well under 12 k. Does he HAVE to file taxes to report his 1099 Q?

 One tax advisor told me that I can just not report it in my return. Sounds like ill advice.

Level 10
April 7, 2022

No, you do not have to file a return to report the 1099-Q.   As long as the funds were used for qualified educational expenses.    The 1099-Q is to be reported only on the return of the person whose social security number is on the 1099-Q. Funds distributed from a 529 Plan, will be reported by the bank on Form 1099-Q.   The 1099-Q is sent to the owner/recipient of the 529 Plan funds.   The Form 1099-Q is to be reported as income if they were not used to pay qualified college tuition/expenses.    If the amount reported on the 1099-Q were used to cover qualified college tuition/expenses you do not need to report the income.  If the amount exceeds the amount of college tuition/ expenses then the excess needs to be reported as other income on your 1040.   

 

If your son is not required to file a tax return, you would not need to report the excess unless the excess in combination with his other income would put him over the filing requirement and make it to where he would be required to file a return. 

 

You do not have to report the 1099-Q on your taxes as it was issued in your son's name and social security number. 

 

The person you talked to that said you do not have to report it at all is correct. as long as there is no excess income from the distribution.

Level 2
April 8, 2022

I have been assuming we enter our son's 1099Q's (1 for his 529, he is the recipient and 1 Coverdell where I am the receipient and he is the FBO) on our tax return.  When I do this, Turbotax tells me we do have a small amount of taxable income that needs to go on the student beneficiary return.  Where and how do I enter this? And am I wrong that I can enter the 1099-Q's on our return?