Can a student, who is claimed by his parents as a dependent, and the parents both claim the AOC on each return?

[jpntp]

The parents' return was rejected because the information on Form 8863, Line 21 was the same as that on the son's return. 

[jpntp]

The son's return has been filed and the refund received. The refund included the AOC . How can I eliminate the credit (which was given through the TurboTax software) on the parents' return?

[xmasbaby0]

Before you do anything else with this you need to determine if your son should have been listed as a dependent on your tax return. If you "can" claim him then he was supposed to say on his own tax return that he could be claimed as someone else's dependent.  If that is the case, then he needs to amend his return--and pay back some of that refund.  If you can claim him, then your own tax return must now be printed, signed and mailed, since you will not be able to e-file this year.  See below for the criteria for claiming a dependent.

[jpntp]

I submit that TurboTax erred when the son's return was filed. His return said that he could be claimed as someone else's dependent, and TurboTax still gave him the AOC. I am well aware of the requirements for dependency, and all were met, yet TurboTax granted both the AOC.. It seems that TurboTax is responsible for the amended return and the refund that must be returned. [removed]

[xmasbaby0]

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[xmasbaby0 · Accepted solution]

NO.  Only the parent who is claiming the student as a dependent can get the education credits.

[xmasbaby0]

WHO CAN I CLAIM AS A DEPENDENT?

You can claim a child, relative, friend, fiance (etc.) as a dependent on your 2017 taxes as long as they meet the following requirements:

Qualifying child

• They are related to you.

• They aren't claimed as a dependent by someone else.

• They are a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.

• They aren’t filing a joint return with their spouse.

• They are under the age of 19 (or 24 for full-time students).

? No age limit for permanently and totally disabled children.

• They live with you for more than half the year (exceptions apply).

Qualifying relative

• They don't have to be related to you (despite the name).

• They aren't claimed as a dependent by someone else.

• They are a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.

• They aren’t filing a joint return with their spouse.

• They lived with you the entire year.

• They made less than $4,050 in 2017.

• You provided more than half of their financial support. More info

When you add someone as a dependent, we'll ask a series of questions to make sure you can claim them.