Ask Kim
Make the Most of Tax Breaks for College Expenses
Kim Lankford answers more questions about the American Opportunity Credit and other deductions for postsecondary education.
By Kimberly Lankford, Contributing Editor, Kiplinger's Personal Finance
January 14, 2010
I’ve received dozens of follow-up questions since I wrote about the American Opportunity Credit in my column Get a Bigger Tax Break for College Expenses. Here are some more answers.
Does graduate school count toward the American Opportunity Credit?
No. The American Opportunity Credit applies only to the first four years of postsecondary education, so graduate school doesn’t count. But grad students can qualify for the Lifetime Learning Credit, which still exists.
The Lifetime Learning Credit, which can lower your tax bill by up to $2,000, is available for all years of postsecondary education or for courses you take to acquire or improve job skills. Unlike with the American Opportunity Credit, you don’t need to be pursuing a degree to qualify and you don’t have to be enrolled at least half-time during the academic period. But the classes must be taken at an eligible educational institution, which includes any college, university, vocational school or other postsecondary educational institution that’s eligible to participate in the U.S. Department of Education’s student-aid program. (Many foreign schools are also part of the agency’s program.)
There is no limit on the number of years a Lifetime Learning Credit can be claimed for each student. However, you cannot claim the credit in the same year that you claim the American Opportunity Credit for the same student.
The credit is calculated as 20% of the first $10,000 of qualified education expenses, which include tuition, student-activity fees, books and required supplies.
You can take the Lifetime Learning Credit only if your modified adjusted gross income is less than $60,000 if you’re single or $120,000 if you’re married filing jointly. The maximum credit starts to phase out if you’re single and earn more than $50,000 or married and earn more than $100,000. Those are much lower income limits than for the American Opportunity Credit, which is phased out for singles with incomes between $80,000 and $90,000 and for couples with incomes between $160,000 and $180,000.
You mentioned in your earlier article that the American Opportunity Credit counts for only the first four years of college. Is that four calendar years or four academic years? I go to college part-time and have been attending college for more than four calendar years, but I have not yet completed four academic years -- the college considers me to be a senior. Can I qualify for the American Opportunity Credit?
Yes, you probably can claim the American Opportunity Credit. A student’s eligibility is based on the academic year the college considers him or her to be in, says H.R. Rubinsky, senior tax analyst with the Tax & Accounting business of Thomson Reuters. So if the college considers you to be a senior, then you should be able to qualify for the American Opportunity Credit.
You can’t, however, claim the Hope Credit or American Opportunity Credit for more than a total of four years. To qualify for the credit, you must also be carrying at least one-half the normal full-time work load for the program you’re pursuing. If you don’t qualify for the American Opportunity Credit, you may still be able to take the Lifetime Learning Credit.
What if you paid for tuition with a loan. Can you still qualify?
Yes, you can. College costs paid with the proceeds of a loan are generally eligible for the American Opportunity Credit or Lifetime Learning Credit. The expenses count for the credit in the year that they are paid by the loan, not in the year that you pay back the loan.
What if you spend less than $4,000 on tuition? Can you still apply for the American Opportunity Credit?
Yes. Keep in mind that the American Opportunity Credit now covers tuition, fees and course materials, such as books. And you may qualify for a partial credit even if you don’t spend $4,000 in eligible expenses for the year. The actual calculation for the credit is 100% of the first $2,000 you pay for eligible expenses plus 25% of the next $2,000 of eligible expenses.
Can I pay all of my tuition from a 529 savings account and still qualify for the American Opportunity Credit?
You can’t double dip on tax breaks, so you’ll need to pay at least $4,000 of your eligible expenses from an account other than a 529 to qualify for the maximum American Opportunity Credit of $2,500. If you were planning on withdrawing money from various types of accounts for college costs, consider spreading your 529 distributions over several years so that you can still take the maximum American Opportunity Credit, if you qualify.
My daughter is in her third year of college and has a part-time job as a waitress. Would we (her parents) qualify for the credit, or would she take it herself?
It all depends on whether you claim her as a dependent on your tax return. “If a student is claimed as a dependent on another person’s tax return, only the person who claims the student as a dependent can claim the American Opportunity Credit,” says Rubinsky. “If the student isn’t claimed as a dependent, only the student can claim the credit.” See Tax Rules for Claiming Dependents and 12 Tricky Tax Dependent Dilemmas for details.
Even if your daughter pays some of the college bills, the money can still qualify for your American Opportunity Credit if you claim her as a dependent on your tax return. “For any year for which a student is claimed as a dependent, qualified tuition and related expenses paid by the student are treated as paid by the person claiming the student as a dependent,” says Rubinsky.
See IRS Publication 970, Tax Benefits for Education for more information about the tax breaks for college.
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Reader Comments (23)
Posted by: Sawondra Driskell at 01/16/2010 03:28:45 PM
If I was self-employed and did not pay my taxes during the year is ther any possible way I can get a refund?
Posted by: Heather at 01/17/2010 11:57:27 AM
Which student credits can be couple with the retirement/savings credit? I am currently looking at getting the max credit for that but I am also eligible for student/tuition credits as well. I did a full semester at the beginning of 09 and that was also my last semester of undergrad school. I am just trying to figure out the best way to maximize my credits.
Posted by: Jackie at 01/17/2010 07:12:01 PM
If I pay for my childs college with a credit card, can he take the American Opportunity Credit on his tax return?
Posted by: Kim Lankford at 01/20/2010 05:49:36 AM
Sawondra, this is Kim Lankford. Your tax bill as a self-employed person will depend on how much you made and what you can deduct. See my Tax Breaks for the Self-Employed column on January 11 for more information about the rules and possible deductions. The government does expect you to pay taxes on your income as you earn it throughout the year, or else you could owe an underpayment penalty. If you're married and your spouse has taxes withheld from a job (or you can have taxes withheld from another job), then you could increase the taxes withheld from that paycheck to account for the business income. But if you expect to owe at least $1,000 in tax for the year, you may need to file quarterly estimated taxes to avoid an underpayment penalty (Form 1040-ES at www.irs.gov).
Posted by: Kim Lankford at 01/20/2010 06:34:08 AM
Heather, this is Kim Lankford. That's a good question about being able to take both the American Opportunity Credit and the Retirement Savers' Credit. The savers' credit can be a great way for people with low incomes to get an extra tax break for contributing to a traditional or Roth IRA, 401(k) or other retirement-savings plan. Single filers with adjusted gross incomes below $27,750 in 2009, or married couples filing jointly with incomes below $55,500 can each get a tax credit of up to $1,000 for contributing to a retirement-savings plan -- to qualify for the maximum credit, a single person must earn less than $16,500 for the year and contribute $2,000 to a retirement-savings plan, and the size of the credit gradually decreases as your income increases. But some of the other rules may make it more difficult for you to qualify: You can't take the savers' credit if you were a student during any part of five calendar months of 2009. You also must be born after January 1, 1992, and cannot be claimed as a dependent on anyone else's tax return for the year. For more information, see IRS Form 8880 at www.irs.gov.
Posted by: Kim Lankford at 01/20/2010 07:03:38 AM
Jackie, this is Kim Lankford. You can take the American Opportunity Credit for tuition and eligible expenses whether you pay by cash, check, credit card or borrowed money. However, you had asked whether your son can take the credit -- he's only eligible to take the credit himself if he is not claimed as a dependent on anyone else's tax return. If you claim him as a dependent, then you're the one who would take the credit.
Posted by: Amber at 01/20/2010 03:31:08 PM
Hi Kim, Would I qualify for this if I WAS a full-time student for five months of the year, but graduated in May? I paid tuition with federal loans.
Posted by: Rachel at 01/21/2010 12:07:30 PM
I have the Post 9/11 GI Bill so my tutition is paid, but I also receive a housing allowance and money for books and supplies, what out of all that is eligible for any education credit?
Posted by: Jack at 01/24/2010 06:05:52 PM
I get what my company calls "tuition remition" for my son who is a dependent. They pay the college tuition and then the cost of the tuition is added to my paychecks (they add the amount to each check but I don't receive any money) over a 10 week period. The net effect is that I pay all taxes (Fed, State, local) on the amount of the tuition. EG: The tuition is $15,000. I pay all taxes on this amount (it's added as ordinary income). This is not a scolarship because it's treated as income. Am I entitled to take the educational credits for the amount of the tuition?
Posted by: Sarah at 01/29/2010 12:02:28 PM
I had a similar question as someone above: Can I claim the Saver's Credit and the Lifetime Learning Credit if I was a part time student?
Posted by: Belinda Acosta at 01/29/2010 12:29:01 PM
I am a college student interested in this. If I did apply for it, what tax file would I have to fill out? If my mom ends up claiming me, same question, what would she file? We both usually just do the EZ. In addition, do we have to send proof of payment?
Posted by: sopheap at 01/30/2010 06:10:52 PM
I graduated from high school in 2002. I have been going to a jr college and off for the past four to five years. During that 4 to 5 year, I did drop a whole semester of class a few times so I don't know how to figure out the academic year. I didn't receive any degree and in 2008 I enrolled in a technical school to get my AS Degree. In 2009, I finally receive my AS Degree and right now I am wondering if I am eligible for the AOC.
Posted by: Jess at 01/30/2010 07:41:43 PM
I am going back to school for an associates degree in nursing. I already completed a bachelor's degree in an unrelated field. Do I qualify for the American Opportunities Credit or the Lifetime Learning Credit? Thanks.
Posted by: Mike M at 02/04/2010 06:45:15 PM
I haven't seen this advice anywhere yet but it may help others. Make sure you plan the timing of your tuition payments so as to get the maximum possible AOC credit across years. For example, for a student who is a college senior in 2009-2010, it was probably best to pay for the Spring 2010 semester in January of 2010. This way you can claim credits on both your 2009 and 2010 returns (assuming the Fall 2009 semester was paid for in the middle of 2009). Otherwise, if the Spring 2010 semester was paid for in December of 2009, you would not have any tuition expenses in 2010 for your 2010 return. Whether this was the right move or not depends on the exact amount of tuition/tees. Unfortunately, it is too late for you to change things for 2009 at this point anyway. But, looking ahead to 2010 (2010 is the last year of the AOC credit - at least right now), you may want to make sure that Spring 2011 tuition is paid for in December of 2010. Also, track the status to see if congress extends the AOC to years beyond 2010 so you can plan accordingly.
Posted by: jim at 02/20/2010 07:32:38 PM
I have two daughters both in college. i can only claim one as a dependant per divorce agreement however I pay for all college expenses for both daughters. can i receive the AOC for both daughters in 2009 and 2010? thank you
Posted by: Doug at 03/24/2010 12:11:12 PM
My son's tuition bill included both qualified and non-qualified expenses. I paid part of this bill with funds from a 529 plan. How do I know the IRS isn't going to allocate the 529 funds towards the qualified expenses and the other funds towards the non-qualified expenses, or do they allow me determine which funds paid which expenses?
Posted by: RDA at 03/27/2010 12:57:09 PM
How do I figure out how much I can deduct from my taxes as far as living expenses for my 23 yr. old son who is in college but living home?
Posted by: David DeYoung at 04/05/2010 03:05:03 PM
Hello Kim, Just wanted to drop you a note to say Thanks..!! Both articles were well written with meaningful data..
Posted by: Carla at 04/05/2010 03:54:58 PM
This is the situation: Age: 19 Full time college student- 2nd year in community college Not dependent on parents tax return Earnings- $5K as receptionst. Employer gave 1099, so needs to file as a self-employed No regular tax Self employment tax of about $450 Can I use the American Opportunities Credit to decrease the self employment tax?
Posted by: Rhonda at 04/06/2010 12:18:24 PM
We paid our daughters tuition for her final semester of college Jan-May 2009. We want to claim this tuition however she got married in July and therefore filed married joint return for her and her husband. Can we still claim this deduction? How would we do that if we can't claim her as a dependent?
Posted by: Terri at 04/09/2010 12:24:55 PM
My daughter is living off campus while at college, can we deducte her housing and/or living expenses on our taxes as part of college expenses?
Posted by: John Horton at 06/11/2010 03:48:37 PM
Can grandparents qualify for college taxbreaks when they fund their grandchildren's college expenses?
Posted by: lauren kane at 06/27/2010 02:28:14 PM
Will the tax benefits for education, also include on-campus housing as well as tuition and fees?