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rjs
Level 15
Level 15

For some reason my mother tax consultant is telling us that I am going to be pay a fine of over $1000 and I want to know what is going on.

"making at least 10,000"
Is that U.S. dollars, or some other currency in the place where you are in school overseas?

"I've been working and paying for school on my own."
"I paid for more than 50% of my schooling."

You really need to pin down the support question. The question of whether or not you provide more than half of your own support might make the difference between be able to claim yourself or not being able to. Who pays for the rest of your "schooling" and how much do they pay? What exactly do you mean by "schooling"? Is that just tuition and fees? Who pays for your basic living expenses - the place where you live at school, food, clothing, transportation, medical expenses, entertainment, recreation, etc.? You have to add up all of your support and break down how much you pay and how much other people pay.

You said you're in college overseas, but it's not clear where you live while you're at college. Are you in a dorm or your own apartment, or do you live with you parents or other relatives? If you are living with family, they are paying for your place to live, and probably for most of your food, too. That's a big component of support.

Note that how much you earn does not matter for determining whether you meet the support test for a qualifying child. What matters is how much you pay for your own support. If you make $10,000 and put it in the bank, you are not spending it on support.

If you pay more than half of your own support, then you are not a qualifying child. If your income is more than $4,050, you are not a qualifying relative. (You need to clarify your contradictory statements about your income.) If you are neither a qualifying child nor a qualifying relative, then no one can claim you as a dependent, and you can claim yourself. If you do not pay more than half of your own support, including all the expenses I listed above, then you are probably a qualifying child of your parents, no matter how much you make, and they can claim you as a dependent.
rjs
Level 15
Level 15

For some reason my mother tax consultant is telling us that I am going to be pay a fine of over $1000 and I want to know what is going on.

I'm sorry this is all so long, but there is no simple answer. There is no one factor that determines whether or not you can claim yourself or be claimed as a dependent. It depends on many factors. And you're not helping to figure it out when you give vague or contradictory information.
Carl
Level 15

For some reason my mother tax consultant is telling us that I am going to be pay a fine of over $1000 and I want to know what is going on.

There is no requirement for the parent(s) to provide *any* support. Not one single penny. The support requirement is on you, the student.  You the student must have provided more than 50% of your own support. Scholarships, grants, 529 funds, gifts from Aunt Mary, etc, do not count for you providing your own support. You could earn a million dollars and your parents still qualify to claim you as their dependent. Even with you paying tuition 100% out of your pocket, with earnings of only $10K for the year, there's no way that's enough for you to have provided more than 50% of your own support. The tuition alone for the year is at least $5K and that's at a cheap college, and there's no way you provided yourself food, housing, clothing, and utilities with the remaning $5K. Those alone would easily exceed $1K a month, meaning that would have cost you at a minimum, $12K for the year, and that does not include your tuition cost. With your tuition cost, at the least your support for the year would have cost over $20K. You say you earned 10K (or 6K, whichever it is) so I don't see how you could have provided more than 50% of your own support.
Keep in mind that weather your parent's claim you or not is irrelevant. If your parents just *qualify* to claim you, then you can't claim the self-exemption. You also don't qualify for nearly the education deductions and credits that your parent's do either.

For some reason my mother tax consultant is telling us that I am going to be pay a fine of over $1000 and I want to know what is going on.

I think OP means his take home pay is less than $6200.

For some reason my mother tax consultant is telling us that I am going to be pay a fine of over $1000 and I want to know what is going on.

and OP has deleted the reference in his Q to being overseas.
rjs
Level 15
Level 15

For some reason my mother tax consultant is telling us that I am going to be pay a fine of over $1000 and I want to know what is going on.

The first comment posted by the OP (under the question, not under this answer), still says "I'm overseas under order with my family." Anyway, we know. I don't know what "under order with my family" means. That's why I asked where s/he lives or who s/he lives with. It's not clear whether the parents are also overseas. If OP is living with parents, that settles the residency test, and would have a bearing on support.

For some reason my mother tax consultant is telling us that I am going to be pay a fine of over $1000 and I want to know what is going on.

Sounds like Mom or Dad may in the military.  Or maybe OP is in the military, and "family" refers to spouse and children.
rjs
Level 15
Level 15

For some reason my mother tax consultant is telling us that I am going to be pay a fine of over $1000 and I want to know what is going on.

@kailaompad - Are you married? That could change the picture. If you're married, did you file jointly with your spouse?
Carl
Level 15

For some reason my mother tax consultant is telling us that I am going to be pay a fine of over $1000 and I want to know what is going on.

If the OP is in the military and active duty, and "my family" refers to their wife/children, then this is a moot point. THe OP claims everything on their own tax return, weather they're filing single or married.

For some reason my mother tax consultant is telling us that I am going to be pay a fine of over $1000 and I want to know what is going on.

I am apologize to everyone that is helping me. So to clarify, I am:
- an undergraduate graduate from the University of Maryland of Asia
- I have paid for all of my schooling out of pocket from working- except for two small loans that I regret taking back in 2014
- working full time at sh***y job. I worked job different jobs in 2016. I worked a better paying job in the beginning of 2016 and then started working at a different job that didn't pay as much.
- I pay for my own transportation- my car (gas, maintenance, JCI, insurance)
- I do pay for my own clothes, entertainment, and most of my own food/ supplies
- I do live with my parents on a on base housing where they do not pay for rent, water, electrical, etc, (Basically they don't pay for any utilities because it is covered by the government)
- I do go out and eat with them at times
- On my 1098T I believe the number on the form was equivalent to the cost of one cost which is $663.00.
rjs
Level 15
Level 15

For some reason my mother tax consultant is telling us that I am going to be pay a fine of over $1000 and I want to know what is going on.

With all the information you've given, there are still some critical facts that we don't have.
- What was your age as of December 31, 2016?
- Were you a full-time student during at least part of any 5 calendar months in 2016? Full-time is defined by the university. It's whatever they consider full-time enrollment. (On your 1098-T, box 8 is a box that is checked if you were "at least half-time." If that box is not checked, then you were clearly not full-time.)
- How much did you earn from working in 2016, in U.S. dollars, from all your jobs - your gross pay before any taxes are taken out or any other deductions? You previously gave conflicting information about how much you earned.
- Who is a member of the military? You? One or both of your parents?
- Are you married?

For some reason my mother tax consultant is telling us that I am going to be pay a fine of over $1000 and I want to know what is going on.

I wonder if the $1000 to which Mom is referring is the Child Tax Credit?
Carl
Level 15

For some reason my mother tax consultant is telling us that I am going to be pay a fine of over $1000 and I want to know what is going on.

Okay, I'll put the whole shebang here again so it's all in one post. Understand that if you meet the criteria to be claimed as a dependent on your parent's tax return, the student's earnings do not matter. You could have earned a million dollars and your parents could still qualify to claim you as a dependent, along with all your education expenses.

Understand also that if your parents do *not* qualify to claim you as a dependent on their tax return, then you the student do *not* get anywhere even close to the education tax credits your parents would. 

Basically as a student, if you did not earn a "reasonable income" during the tax year, to may more than 50% of your living expenses, to include rent, utilities, transportation and tuition out of your pocket with money *you* earned, then your parents qualify to claim you. Period. Understand that scholarships, grants, 529 funds, gifts from Aunt Mary, etc. flat at do not count for you providing your own support.

So say you earned a million dollars in 2016 and also received $60,000 in scholarships, grants and 529 funds.

Then your qualified education expenses comes to $25,000. The excess $35,000 from all the above is taxable income to you the student. The IRS looks at that income *FIRST*. You spent $45,000 on rent, utilities, clothing, transportation and food. Additionally, you spend $50,000 on summer break and spring break taking all your friends on several Carnival Cruises.  So with $25K for tution and $45K for the rent, utilities and stuff, it cost $70K for your support that year. The $50K you spent on the Carnival Cruises is *NOT* support in any way, form or fashion and counts for absolutely nothing what-so-ever for meeting the support requirement.

So since your support including tuition for the year was $70K, the IRS applies your $60K of scholarships, grants and 529 funds to that first, which is $60K. Then the remaining $10 of support was paid by you out of your pocket with money you earned in the same tax year. In this scenario you did *NOT* provide more than 50% of your support, so your parents qualify to claim you. That's basically "end of story" for the above scenario.

Now here's the gist from the IRS Pub 970.

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.

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 one academic semester that begins during the tax year, (each institution has their own definition of a half 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 will claim the student as a dependent on the parent's tax return and:

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 ieven f the parent's qualify to claim the student as a dependent, and the parents do not claim them.

Now here’s some additional information that may or may not affect who files the 1098-T. If the amount of scholarships/grants exceeds the amount of qualified education expenses, 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 earned income reported on a W-2, when added to the excess scholarships/grants does NOT exceed $6200, 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 $6200, 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 as follows depending on what type of 1040 you’re riling.

1040-EZ excess scholarship income is included on line 1.
1040-A excess scholarship is included on line 7.
1040 Excess scholarhip is included on line 7.

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 transferred as indicated above with one exception. For the 1040 excess ESA/QTP funds get transferred to line 21 with the annotation “SCH” next to it.

Finally, out of pocket money is applied to qualified education expenses. The only qualified expenses for out of pocket money is tuition, books, and lab fees. Room & board is NOT a qualified expense for out of pocket money.

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.


rjs
Level 15
Level 15

For some reason my mother tax consultant is telling us that I am going to be pay a fine of over $1000 and I want to know what is going on.

"if you meet the criteria to be claimed as a dependent on your parent's tax return, the student's earnings do not matter."

There are two kinds of dependents. Until we get more information, the OP could possibly be either a qualifying child or a qualifying relative. If she does not meet the criteria to be a qualifying child, then her earnings do matter for determining whether or not she is a qualifying relative.

For some reason my mother tax consultant is telling us that I am going to be pay a fine of over $1000 and I want to know what is going on.

OP said this a ways above:
I am apologize to everyone that is helping me. So to clarify, I am:
- an undergraduate graduate from the University of Maryland of Asia
- I have paid for all of my schooling out of pocket from working- except for two small loans that I regret taking back in 2014
- working full time at sh***y job. I worked job different jobs in 2016. I worked a better paying job in the beginning of 2016 and then started working at a different job that didn't pay as much.
- I pay for my own transportation- my car (gas, maintenance, JCI, insurance)
- I do pay for my own clothes, entertainment, and most of my own food/ supplies
- I do live with my parents on a on base housing where they do not pay for rent, water, electrical, etc, (Basically they don't pay for any utilities because it is covered by the government)
- I do go out and eat with them at times
- On my 1098T I believe the number on the form was equivalent to the cost of one cost which is $663.00.
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