I understand my son can claim expenses for books and materials needed for school. Room and board is a question mark for me. So he lived at home, not in a dorm. He received scholarships in excess of tuition and had a PT job. During the year, to help with expenses, he gave me $200/month. Can he claim that as a room and board deduction from his grant money?
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No. Room and board is not a deductible expense. It is specifically excluded from being a qualified educational expense. So any money used for room and board is taxable income.
Also, if your son is living at home and is a full time student under age 24, he would be considered your dependent. Are you claiming him? If so, you will both enter the 1098-T on your returns. You for the credit, him for the taxable income. You can claim enough of the tuition and fees to claim the credit and then he will claim the rest of the tuition and fees to decrease the amount of taxable income. See the answer by Champ Hal Al for a detailed explanation on how to maximize your credit and minimize their scholarship income.
I can claim a credit even though his grants/scholarships exceeded his expenses?
Possibly, yes, depending on your situation. You do not have to do this and it does not apply to everyone. But many people are able to use the loop hole to still claim the American Opportunity Tax Credit. You can play around with the numbers to which way gives you the best tax situation. It will give him a little more taxable income.
"There is a tax “loop hole” available. The student reports all his scholarship, up to the amount needed to claim the American Opportunity Credit (AOC), as income on his return. That way, the parents (or himself, if he is not a dependent) can claim the tuition credit on their return. They can do this because that much tuition was no longer paid by "tax free" scholarship. You cannot do this if the school’s billing statement specifically shows the scholarships being applied to tuition or if the conditions of the grant are that it be used to pay for qualified expenses.
Using an example: Student has $10,000 in box 5 of the 1098-T and $8000 in box 1. At first glance he/she has $2000 of taxable income and nobody can claim the American opportunity credit. But if she reports $6000 as income on her return, the parents can claim $4000 of qualified expenses on their return.
Books and computers are also qualifying expenses for the AOC. So, extending the example, the student had another $1000 in expenses for those course materials, paid out of pocket, she would only need to report $5000 of taxable scholarship income, instead of $6000." Champ Hal_Al
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