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Form 1098-T taking a possible education credit.

My dependent 18 yrs old started college in the fall of 2022 as a Freshman. We took out student loans, however we didn't have to pay on them yet. No payments were made by in 2022.

We received tax Form 1098-T listing my son name and his ss#. We claim him as a dependent.  Can we take the qualifying education credit even though we the parents didn't pay anything yet on the loan, the loan company paid the tuition? Not sure how all this works. Don't want to credit that we don't deserve but at the same time,  we don't want leave any credits on the table.

 

Box 1 of the 1098-T shows $18K and the remaining boxes are zero.

 

Thank you in advance for your assistance. 

 

Have a great weekend. 

 

 

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Accepted Solutions

Form 1098-T taking a possible education credit.

Yes, you can use the tuition payment as an education expense.  The tuition was paid by the loan company on your behalf and you are liable for that loan so it was your money that paid it. Actually, it doesn’t matter to the IRS who paid it. It could have been paid by a grandparent. It is still considered paid by you. 

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Hal_Al
Level 15

Form 1098-T taking a possible education credit.

Confirming Bsch4477's answer: you definitely claim the tuition credit, because the student is your dependent and the tuition was not paid with tax free money (e.g. scholarship).  

Although the general rule, in taxes, is that you must be the one making the payment, to get the deduction or credit, there is an exception for education. 

View solution in original post

Hal_Al
Level 15

Form 1098-T taking a possible education credit.

Q. Now if the loan was taken out by the dependent,  then we the parents cannot take the Tuition Credit, correct?

A. No. It does not matter who paid the tuition or who's loan money paid the tuition.  If the student is the parent's dependent, the parent may claim the tuition credit.

 

The rules are different if you're asking about who can claim the student loan interest deduction. But, from your description, you're not there yet ("We took out student loans, however we didn't have to pay on them yet. No payments were made by in 2022").

View solution in original post

Hal_Al
Level 15

Form 1098-T taking a possible education credit.

Q. So for the AOTC no matter who took out the loan whether it was only the parent or only the dependent (the parents is claiming) or both the parents and dependent took all the loans, the parents can claim the qualifying education deduction - Correct?

A. Yes.

 

 

Q. And when it comes time for repayment down the road,  the parents will only be able to deduct the student loan interest only on the loans the parents signed  or co-signed for. Correct? 

A. Yes, but only if they actually make the payments.

 

Q. What if the parent are co-signers to a loan, would the parent qualify for the student loan interest deduction if they made the payments?

A. Yes

 

Q. And what if both the parent and student make payments on the students account,  would the parent still be able to take the student loan deduction and would they have to make sure they only deduct their portion? A. Only their portion, i.e. the interest they actually paid.

View solution in original post

Form 1098-T taking a possible education credit.

@Hal_Al  Explanations are a great tutorial. I wish they could be incorporated into the TurboTax program because they answer a lot of user’s questions. Just one clarification. A dependent is not eligible for the student loan interest deduction even if they pay the interest. (Page 34, Pub 970). 

View solution in original post

11 Replies

Form 1098-T taking a possible education credit.

Yes, you can use the tuition payment as an education expense.  The tuition was paid by the loan company on your behalf and you are liable for that loan so it was your money that paid it. Actually, it doesn’t matter to the IRS who paid it. It could have been paid by a grandparent. It is still considered paid by you. 

Hal_Al
Level 15

Form 1098-T taking a possible education credit.

Confirming Bsch4477's answer: you definitely claim the tuition credit, because the student is your dependent and the tuition was not paid with tax free money (e.g. scholarship).  

Although the general rule, in taxes, is that you must be the one making the payment, to get the deduction or credit, there is an exception for education. 

Form 1098-T taking a possible education credit.

So, if the loans that we the parents took out personally is possibly deductible - got it! 

 

Now if the loan was taken out by the dependent,  then we the parents cannot take the deduction correct?

 

What if we were co-signers for our dependent student loan, are we the parents still eligible for possible education credit since we are co-signers? Thank you 

Hal_Al
Level 15

Form 1098-T taking a possible education credit.

Q. Now if the loan was taken out by the dependent,  then we the parents cannot take the Tuition Credit, correct?

A. No. It does not matter who paid the tuition or who's loan money paid the tuition.  If the student is the parent's dependent, the parent may claim the tuition credit.

 

The rules are different if you're asking about who can claim the student loan interest deduction. But, from your description, you're not there yet ("We took out student loans, however we didn't have to pay on them yet. No payments were made by in 2022").

Form 1098-T taking a possible education credit.

You're correct,  we just took out the student loans in 2022 and no repayments have been made yet.

 

I just wanted to make I understood the rules for taking the qualifying education credit\deduction for the AOTC. So for the AOTC no matter who took out the loan whether it was only the parent or only the dependent (the parents is claiming) or both the parents and dependent took all the loans, the parents can claim the qualifying education deduction - Correct?

 

And when it comes time for repayment down the road,  the parents will only be able to deduct the student loan interest only on the loans the parents signed for. Correct? 

 

What if the parent are co-signers to a loan, would the parent qualify for the student loan interest deduction if they made the payments? And what if both the parent and student make payments on the students account,  would the parent still be able to take the student loan deduction and would they have to make sure they only deduct their portion? Just trying to prepare ourselves for the future. 

 

Thank you.

Carl
Level 15

Form 1098-T taking a possible education credit.

In my opinion (and we all know what opinions are like) when dealing with student loans it's best to ensure the parent is the "primary borrower" on the loan with the student as the co-signer. That way, there's no question as to whose money paid any of the qualified education expenses. But there's always that possibility it could come back and bite, if for any reason the student does not make payments when they come due.

 

Hal_Al
Level 15

Form 1098-T taking a possible education credit.

Q. So for the AOTC no matter who took out the loan whether it was only the parent or only the dependent (the parents is claiming) or both the parents and dependent took all the loans, the parents can claim the qualifying education deduction - Correct?

A. Yes.

 

 

Q. And when it comes time for repayment down the road,  the parents will only be able to deduct the student loan interest only on the loans the parents signed  or co-signed for. Correct? 

A. Yes, but only if they actually make the payments.

 

Q. What if the parent are co-signers to a loan, would the parent qualify for the student loan interest deduction if they made the payments?

A. Yes

 

Q. And what if both the parent and student make payments on the students account,  would the parent still be able to take the student loan deduction and would they have to make sure they only deduct their portion? A. Only their portion, i.e. the interest they actually paid.

Carl
Level 15

Form 1098-T taking a possible education credit.

Here's a gist of IRS publication 927 in plain english. Read it through three times.

The first time, just read it all.

The second read, draw a line through the information that does not apply to your situation.

The third read, only read what's not lined through, as that is what applies to your situation.

It's basic and covers the "standard" situations. Just don't make the mistake of "reading between the lines" that which is not there. When I originally came up with this, I was very meticulous with each and every word chosen.

College Education Expenses

Colleges work in academic years, while the IRS works in calendar years. So the reality is, it takes you 5 calendar years to get that 4 year degree. With that said:

 - Scholarships and grants are claimed/reported as taxable income (initially) in the year they are received. It does not matter what year that scholarship or grant is *for*

- Tuition and other qualified education expenses are reported/claimed in the tax year they are paid. It does not matter what year they pay *for*.

Understand that figuring out who claims the student as a dependent, and determining who claims the education expenses & credits, is two different determinations. It depends on the specific situation as outlined below. After you read it, I have also attached a chart at the bottom. You can click on the chart to enlarge it so you can read it. If it’s still to hard to read on your screen then right-click on the enlarged image and elect to save it to your computer. Then you can double-click the saved image file on your computer to open it, and it will be even easier to read.

Here’s the general rules gisted from IRS Publication 970 at http://www.irs.gov/pub/irs-pdf/p970.pdf Some words are in bold, italicized, or capitalized just for emphasis. This is because correct interpretation by the reader is everything. Take the below contents LITERALLY, and do not try to “read between the lines”. If you do, you’ll interpret it incorrectly and risk reporting things wrong on your taxes. For example, there is a vast difference between “can be claimed” and “must be claimed”.  The first one indicates a choice. The second one provides no choice.

Now there are two separate determinations to be made here.

  • Who claims the student as a dependent.
  • Who reports all the education expenses and claims all the education credits.

 

First, who claims the student as a dependent?

If the student:

Is under the age of 24 on Dec 31 of the tax year and:

Is enrolled in an undergraduate program at an accredited institution and:

Is enrolled as a full time student for any one academic semester that begins during the tax year, (each institution has their own definition of a full time student) and:

the STUDENT did NOT provide more that 50% of the STUDENT’S support (schollarships/grants received by the student ***do not count*** as the student providing their own support)

Then:

The parents qualify to claim the student as a dependent on the parent's tax return . Period, End of Story. But one thing I want to point out here. The parents *QUALIFY* to claim the student. The parents are *NOT* required to claim the student as a dependent. But even if they don’t, since they *qualify* to claim the student, then if the student will be filing their own tax return the student is *REQUIRED* to select the option for “I can be claimed on someone else’s return”.  To reiterate:

If the student qualifies to be claimed on the parent’s tax return, then the student can not take the self-exemption on their own tax return, no …matter…what.

 

Who reports all the education expenses and claims all the credits?

If (and only if) the parents qualify to claim the student as a dependent, *and* the parents actually are claiming the student as a dependent, then:

The parents will claim all schollarships, grants, tuition payments, and the student's 1098-T on the parent's tax return and:

The parents will claim all educational tax credits that qualify.

If the student will be filing a tax return and:

The parents qualify to claim the student as a dependent, then:

The student must select the option for "I can be claimed on someone else's return", on the student's tax return. The student must select this option even f the parent's qualify to claim the student as a dependent, and the parents do not claim them.

 

Here’s when the parents will claim the student as a dependent, but the parents will NOT claim any of the education expenses or report the 1098-T on the parent’s tax return.

 

.If the amount of scholarships/grants/529 funds exceeds the amount of qualified education expenses,  then the student will report the education stuff on the student’s tax return. The parent will know this when reporting the education on their tax return, because the parent will not qualify for any of the tax credits. (They only qualify for tax credits based on out-of-pocket qualified expenses not covered by scholarships/grants.)  Also, the parent’s will not qualify for the credits depending on their MAGI which is different for each credit, and depends on the marital status of the parent or parents.

In the case where scholarships/grants covers “all” qualified education expenses, the parent’s don’t need to report educational information on their dependent student at all – but they still claim the student as a dependent if they “qualify” to claim the student.

 If the scholarships/grants exceed the qualified education expenses, then the student will report the 1098-T and all other educational expenses and scholarships/grants on the student’s tax return. The student will pay taxes on the amount of scholarships/grants that are not used for qualified education expenses. However, if the student’s investment income exceeds $1,050 or if the student’s earned income when added to the excess scholarships/grants does NOT exceed $12,350 for the 2019 tax year, then the student doesn’t even need to file a tax return, and nothing has to be reported.

If the student has any other taxable income not reported on a W-2, and it exceeds $400, (not including taxable portion of scholarships/grants) then most likely it’s considered self-employment income. That will require a tax return to be filed and the student will have to pay the Self-Employment tax on that income.

Finally, regardless of the student’s W-2 earnings, if any taxes were withheld on those earnings and it was less than $12,350, then the student should file a tax return so as to get those withheld taxes refunded.

 

1099-Q Funds

 First, scholarships & grants are applied to qualified education expenses. The only qualified expenses for scholarships and grants are tuition, books, and lab fees. that's it. If there is any excess, then it's taxable income. It automatically gets transferred to and included in the total on line 7 of the 1040.

Next, 529/Coverdell funds reported on 1099-Q are applied to qualified education expenses. The qualified expenses for 1099-Q funds are tuition, books, lab fees, AND room & board. That's it. If there are any excess 1099-Q funds they are taxable. The amount is included on line 8z of the SCH 1 which gets transferred to line 8 of the 1040.

Finally, out of pocket money is applied to qualified education expenses

When you have a 1099-Q it is extremely important that you work through the education section of the program in the order it is designed and intended to be used. If you do not, then there is a high probability that you will not be asked for room & board expenses, and you could therefore be TAXED on your 1099-Q funds.

Finally, if "all" qualified expenses are covered by scholarships, grants, 1099-Q funds and there is ANY of those funds left over, the left over excess is taxable. While the parent can still claim the student as a dependent, it is the student who will report all the education stuff on the student's tax return. That's because the STUDENT pays the taxes on any excess scholarships, grants and 1099-Q funds.

Form 1098-T taking a possible education credit.

@Hal_Al  Explanations are a great tutorial. I wish they could be incorporated into the TurboTax program because they answer a lot of user’s questions. Just one clarification. A dependent is not eligible for the student loan interest deduction even if they pay the interest. (Page 34, Pub 970). 

Form 1098-T taking a possible education credit.

Thank you to each and everyone of you who provided me with excellent assistance. You all are awesome.

  

Carl
Level 15

Form 1098-T taking a possible education credit.

A dependent is not eligible for the student loan interest deduction even if they pay the interest.

Correct. All three of the requirements under "Can you claim the deduction?" on page 34 must be true. If any one of the three is not true, then they can't claim/deduct the interest reported on the 1098-E.

 

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