Who files 1099Q? I am claiming my son as dependent (he is filing returns too). Some answers say parent should file 1099Q while others say student on 1099Q should.

[Victor21]

1099Q is in my son's name. He is filing tax return as single. I am claiming him as my dependent. Many 2+ year old answers indicate that parent should file 1099Q and 1098T. More recent answers indicate person whose name is on 1099Q should file (that would be my son). Can someone clarify for 2018 what is the right answer?

[Hal_Al · Accepted solution]

There has been no change, the person whose name is on 1099-Q should file  the 1099-Q. He is the "recipient"**.

Even though the 1099-Q is going on the student's return, the 1098-T should go on the parent's return, so you can claim the education credit. You can do this because he is your dependent.

You can and should claim the tuition credit before claiming the 529 plan earnings exclusion. The educational expenses he claims for the 1099-Q should be reduced by the amount of educational expenses you claim for the credit.

Total qualified expenses (including room & board) less amounts paid by scholarship less amounts used to claim the Tuition credit equals the amount you can use to claim the earnings exclusion on the 1099-Q. 
Example:
  $10,000 in educational expenses(including room & board)

   -$3000 paid by tax free scholarship

   -$4000 used to claim the American Opportunity credit

 =$3000 Can be used against the 1099-Q (usually on the student’s return)

  Box 1 of the 1099-Q is $5000

Box 2 is $600

3000/5000=60% of the earnings are tax free

60%x600= $360

He has $240 of taxable income (600-360) 

**For 529 plans, there is an “owner” (usually the parent), and a “beneficiary” (usually the student dependent). The "recipient" of the distribution can be either the owner or the beneficiary depending on who the money was sent to. When the money goes directly from the Qualified Tuition Plan (QTP) to the school, the student is the "recipient". The distribution will be reported on IRS form 1099-Q. The 1099-Q gets reported on the recipient's return. The recipient's name & SS# will be on the 1099-Q.

Alternatively; you can just not report the 1099-Q, at all, if your student-beneficiary has sufficient educational expenses, including room & board (even if he lives at home) to cover the distribution. You would still have to do the math to see if there were enough expenses left over for you to claim the tuition credit. Again, you cannot double dip!  When the box 1 amount on form 1099-Q is fully covered by expenses, TurboTax will enter nothing about the 1099-Q on the actual tax forms. But, it will prepare a 1099-Q worksheet for your records, in case of an IRS inquiry.

[zu2]

my son has to file taxes because he earned more than irs allows. he has a 1099q but i l claim him on my taxes. he is a full time college student. the amount he received matches what was laid out for tuition.  how does he avoid paying taxes on that amt 

[Hal_Al]

Q. The amount he received matches what was laid out for tuition.  How does he avoid paying taxes on that amt?

A.  He doesn't enter either the 1099-Q or the 1098-T, since they match.

You can just not report the 1099-Q, at all, if your student-beneficiary has sufficient educational expenses, including room & board (even if he lives at home) to cover the distribution. When the box 1 amount on form 1099-Q is fully covered by expenses, TurboTax will enter nothing about the 1099-Q on the actual tax forms. But, it will prepare a 1099-Q worksheet for your records. You would still have to do the math to see if there were enough expenses left over for you to claim the tuition credit. You also cannot count expenses that were paid by tax free scholarships. You cannot double dip! 

On form 1099-Q, instructions to the recipient reads: "Nontaxable distributions from CESAs and QTPs are not required to be reported on your income tax return. You must determine the taxability of any distribution." 

But, you may want to have him pay a little tax on the distribution, if it allows you to claim a tuition credit.  See above for details. 

Another alternative is have the student report some of his scholarship as taxable income, to free up some expenses for the 1099-Q and/or tuition credit. Most people come out better having the scholarship taxable before the 529 earnings. 

[CarMad]

I have the same situation as the previous user.  My daughter has enough income that she has to file her own tax return.  The 1099Q is in her name as well as the 1099T.  The amount on the 1099T is higher than that on the 1099Q.  So does she report both these forms on her tax return?  How do I as the parent who pays all her living expenses get credit for college expenses?

[AmyC]

 Please read another post of mine which addresses the 1099-Q and maximizing education credits. Neither of you need to enter the 1099-Q based on your comments.

@CarMad