I already have a AA degree and BS degree, but I'm going for a second degree in a different field. I'm taking prerequisite classes as a "personal interest" student because the community college I'm going to won't let me enroll in a degree program since I already have a AA degree. So technically I'm not enrolled in a degree program but I am taking the courses to eventually get a degree. Does the fact I'm not in a degree program prevent me from
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Yes, your description sounds like you meet the requirements listed by the IRS.
Remember that you can/could have only claim the American Opportunity Tax Credit four times per student, which includes times someone else (like parents) claimed the credit based on your expenses.
“Candidate for a degree.
You are a candidate for a degree if you:
1. Attend a primary or secondary school or are pursuing a degree at a college or university; or
2. Attend an educational institution that: a. Provides a program that is acceptable for full credit toward a bachelor's or higher degree, or offers a program of training to prepare students for gainful employment in a recognized occupation; and b. Is authorized under federal or state law to provide such a program and is accredited by a nationally recognized accreditation agency.”
Since you already have a BS, you are not eligible for the more generous American Opportunity Credit (AOC or AOTC). Your situation is eligible for the Lifetime Learning Credit (LLC). The LLC is 20% of tuition, up to $10K, and is non refundable. That is, it can only be used to reduce an actual tax liability. Books and computers are not eligible.
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