American Opportunity Tax Credit For Felons

[eattingfaces]

I see that it has been addressed, but here I go .....

It specifically says through the year 2020, ..... also on the shorthand sight says within the tax year...... I mean if they did not want a drug convicted felon.....the most unconstitutional crime with most of which having no victims..... besides the point here ..... I digress.... why does it not just say NO DRUG FELONS PERIOD?!?

Real question here, can anyone actually give this more insight than just assuming it says NO DRUG FELONS bc it clearly does not say that.... I mean I will not just go and file for it but it seems to me to state you do not qualify for that year that you got said felony it is not like the FAFSA form that also is prejudice towards only drug felons ...clearly we got a problem here in society and rules need be revised....  murder a child no problem you get student loans and tax credits.... smoke weed in Texas then you get no govi help MUWHAHAHAHA 

PLEASE PROVE ME WRONG!!!!!! I would like to see if u can see how this could be a misunderstanding....

[eattingfaces]

The sites I refer to ....when i said "sights" were the IRS website and the IRS pdf "law book" whatever their elongated form of rules are per item.... 

I just want to get clarity if they wanted no felons to file for this then why not say IF U GOT A FELONY CONVICTION FOR DRUG POS. YOU CANNOT ...but it does not ..... it dances around the idea of such and says within.... 

[BillM223 · Accepted solution]

You are correct that taxpayers who have a felony (state or federal) drug conviction cannot claim the American Opportunity Credit (AOC). You will have to ask your Congressman or Senator why the law is this way. The IRS does not make rules like this - Congress does.

Please note that a felony drug conviction does not disqualify you for the Lifetime Learning Credit (LLC). Most expenses for the AOC also apply to the LLC.

If you check the felony drug conviction box, TurboTax should automatically try to switch to the LLC. Check and see if you got it.

[eattingfaces]

@BillM223 


I am Versed in political science, the agents that carry out said laid by interpretation of the initial created one is ultimately how it will carry out. 

***bear arms etc.... fed unto states blah..

LLC would not help me.    AOTC would slightly I get the GI Bill.
My issue clearly is the discrimination of drug pos crimes versus ACTUAL crimes.... 
The wording the IRS site is 

• Not have a felony drug conviction at the end of the tax year

The extended rule book of pdf type document explains the publication ...
**The student hasn't been convicted of any federal or state felony for possessing or distributing a controlled substance as of the end of 2020.**
Both as everything else is speaking of a credit earned for the YEAR of ...why would it speak of perma exclusion when they could of stated NO FELON DRUG CONVICTIONS period....

[eattingfaces]

laid = law lol.....  * 

[eattingfaces]

neither really apply to me.... as I do not pay for school per se. 


Just challenging the flimsy wording versus the actual meaning, I do not speak for what is "fair" I do not care to as this will not change as in the law is the law ....not set in stone but....   what I am saying is the way it is constructed could easily not hold as a backing because it is all assumption and subjective meaning towards the build up to that said year and perma exclusion.... when if you see everything else is for that said tax year as can the interpretation of the felony be. 

the end 

[macuser_22]

When all else fails - refer to the actual tax law as passed by Congress and not the IRS interpretation .

Title 26 U.S. Code § 25A(b)(2)(D)  says:

(D) Denial of credit if student convicted of a felony drug offense

The American Opportunity Tax Credit under subsection (a)(1) shall not be allowed for qualified tuition and related expenses for the enrollment or attendance of a student for any academic period if such student has been convicted of a Federal or State felony offense consisting of the possession or distribution of a controlled substance before the end of the taxable year with or within which such period ends.

"before the end of the taxable year" makes it clear that ANY felony drug conviction ANYTIME before the end of the current tax year disqualifies you.

[BrandonDawn]

When I was doing my married filing joint taxes a couple years back  my husband was a student. I read how they worded that felony rule I took it they meant if he had a drug conviction at all. At the age of 20 he sold to an undercover. He is 40 now and hasn't been in any trouble since. He doesn't qualify for an expungement because they labeled his felony class G. Expungement is for 21 and under and it isn't allowed for class A-G. Even if your crime was nonviolent as was his. They allow expungement only from class H on. Anyways when I got to that part it caught me off guard. Our government punishes people with records endlessly to the point it about looks like they just want to keep them down. I read that felony rule again this year and I felt like they could have meant only if you commit the crime in this year can you not claim it.  I took it 2 years ago to mean no felony at all can get the credit. I just realize now when I stumbled upon this thread I'm not the only one questioning their vagueness on the matter. I still had to pay close attention knowing what I was expecting to read this time around. So now I have to figure out if I need to  amend our return from 2 years ago to get the credit or not. He was a full time electrical engineering student on the Dean's list and he worked as a commercial electrician. So this would have really paid out. It makes me wonder how many others didnt get which way they meant it because of how tricky it was put. With over 330 million Americans and the IRS  expecting each family to file yearly you'd think they'd care to be alot more clear than they were here! I'm sure this got alot of people's returns held hostage for months!

[666FFF]

if I'm disenfranchised from this country because i was convicted of felonies? no right to vote or have a gun, then I don't have to pay taxes! so if the us. gov and the states can take the bills of rights from me then I'm not a UNITED STATES OR FLORIDA CITIZEN/RESIDENT!  these two corporations'

[auntcoco07]

VOID FOR VAGUENESS DOCTRINE 

The void for vagueness doctrine advances four underlying policies. First,

the doctrine encourages the government to clearly distinguish conduct that is lawful from

that which is unlawful. Under the Due Process Clauses,

individuals must be given adequate notice of their legal obligations so they can govern their behavior accordingly. When individuals are left uncertain by the imprecise wording,

the law becomes a standard less trap for the unwary.

[SweetieJean]

This forum is not for discussion of legal or political issues.

[Jesssikes2017]

I am right along with you regarding your question, drug addiction is rampant in all over the world. Now I paid my dues and went through punishment and doing the right thing, but yet because I had some pills on me I cannot ever claim this credit. That is insane and yes very prejudice and yes I think it is unconstitutional and if that is what they mean they need to state it better. Make it very clear for everyone, seems like they are stating it very vaguely.

Another thing do they do background checks on people that claim the credit?