Userid: CPM Schema: tipx Leadpct: 100% Pt. size: 10 Draft Ok to Print AH XSL/XML Fileid: … tions/p970/2022/a/xml/cycle01/source (Init. & Date) _______ Page 1 of 79 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Contents Internal Revenue Service Future Developments . . . . . . . . . . . . . . . . . . . . . . . 2 What's New . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Publication 970 Cat. No. 25221V Reminders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Chapter 1. Scholarships, Fellowship Grants, Tax Benefits Grants, and Tuition Reductions . . . . . . . . . . . . 5 Scholarships and Fellowship Grants . . . . . . . . . . 5 for Education Other Types of Educational Assistance . . . . . . . . 7 Chapter 2. American Opportunity Credit . . . . . . . 9 For use in preparing Can You Claim the Credit? . . . . . . . . . . . . . . . . 11 What Expenses Qualify? . . . . . . . . . . . . . . . . . . 12 2022 Returns Who Is an Eligible Student? . . . . . . . . . . . . . . . . 18 Who Can Claim a Dependent's Expenses? . . . . . 19 Figuring the Credit . . . . . . . . . . . . . . . . . . . . . . 20 Claiming the Credit . . . . . . . . . . . . . . . . . . . . . . 22 Chapter 3. Lifetime Learning Credit . . . . . . . . . . 22 Can You Claim the Credit? . . . . . . . . . . . . . . . . 23 What Expenses Qualify? . . . . . . . . . . . . . . . . . 24 Who Is an Eligible Student? . . . . . . . . . . . . . . . 29 Who Can Claim a Dependent's Expenses? . . . . 29 Figuring the Credit . . . . . . . . . . . . . . . . . . . . . . 29 Claiming the Credit . . . . . . . . . . . . . . . . . . . . . . 31 Chapter 4. Student Loan Interest Deduction . . . 31 Student Loan Interest Defined . . . . . . . . . . . . . . 31 Can You Claim the Deduction? . . . . . . . . . . . . . 34 Figuring the Deduction . . . . . . . . . . . . . . . . . . . 35 Claiming the Deduction . . . . . . . . . . . . . . . . . . . 36 Chapter 5. Student Loan Cancellations and Repayment Assistance . . . . . . . . . . . . . . . . . 37 Loan for Postsecondary Educational Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Student Loan Repayment Assistance . . . . . . . . . 38 Chapter 6. Coverdell Education Savings Account (ESA) . . . . . . . . . . . . . . . . . . . . . . . . 38 What Is a Coverdell ESA? . . . . . . . . . . . . . . . . . 39 Contributions . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Rollovers and Other Transfers . . . . . . . . . . . . . . 43 Distributions . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Chapter 7. Qualified Tuition Program (QTP) . . . . 50 What Is a QTP? . . . . . . . . . . . . . . . . . . . . . . . . 50 How Much Can You Contribute? . . . . . . . . . . . . 51 Recontribution of Refunded Amounts . . . . . . . . . 51 Are Distributions Taxable? . . . . . . . . . . . . . . . . 51 Rollovers and Other Transfers . . . . . . . . . . . . . . 53 Chapter 8. Education Exception to Additional Get forms and other information faster and easier at: Tax on Early IRA Distributions . . . . . . . . . . . . 54 • IRS.gov (English) • IRS.gov/Korean (한국어) Who Is Eligible? . . . . . . . . . . . . . . . . . . . . . . . . 54 • IRS.gov/Spanish (Español) • IRS.gov/Russian (Pусский) • IRS.gov/Chinese (中文) • IRS.gov/Vietnamese (Tiếng Việt) Jan 20, 2023 |
Page 2 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Figuring the Amount Not Subject to the 10% Tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Reminders Reporting Early Distributions . . . . . . . . . . . . . . . 55 Form 1098-T, Tuition Statement. When figuring an ed- Chapter 9. Education Savings ucation credit, use only the amounts you paid and are Bond Program . . . . . . . . . . . . . . . . . . . . . . . . 56 deemed to have paid during the tax year for qualified edu- Who Can Cash in Bonds Tax Free? . . . . . . . . . . 56 cation expenses. In most cases, the student should re- Figuring the Tax-Free Amount . . . . . . . . . . . . . . 57 ceive Form 1098-T from the eligible educational institution Claiming the Exclusion . . . . . . . . . . . . . . . . . . . 57 by January 31, 2023. However, the amount on Form 1098-T might be different from the amount you actually Chapter 10. Employer-Provided Educational paid and are deemed to have paid. In addition, Form Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 1098-T should give you other information for that institu- Chapter 11. Business Deduction for tion, such as adjustments made for prior years; the Work-Related Education . . . . . . . . . . . . . . . . 58 amount of scholarships or grants, reimbursements, or re- Qualifying Work-Related Education . . . . . . . . . . 59 funds; and whether the student was enrolled at least half-time or was a graduate student. The eligible educa- What Expenses Can Be Deducted? . . . . . . . . . . 62 tional institution may ask for a completed Form W-9S, Re- How To Treat Reimbursements . . . . . . . . . . . . . 64 quest for Student's or Borrower's Taxpayer Identification Deducting Business Expenses . . . . . . . . . . . . . 65 Number and Certification, or similar statement to obtain Recordkeeping . . . . . . . . . . . . . . . . . . . . . . . . . 66 the student's name, address, and taxpayer identification number. Chapter 12. How To Get Tax Help . . . . . . . . . . . . 66 Form 1098-T requirement. To be eligible to claim the Appendix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 American opportunity credit or lifetime learning credit, the Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 law requires a taxpayer (or a dependent) to have received Form 1098-T, Tuition Statement, from an eligible educa- Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 tional institution, whether domestic or foreign. However, you may claim a credit if the student doesn't receive Form 1098-T because the student's educational institution isn't required to furnish Form 1098-T to the stu- Future Developments dent under existing rules (for example, if the student is a For the latest information about developments related to qualified nonresident alien, has qualified education ex- Pub. 970, such as legislation enacted after it was penses paid entirely with scholarships, has qualified edu- published, go to IRS.gov/Pub970. cation expenses paid under a formal billing arrangement, or is enrolled in courses for which no academic credit is awarded). If a student's educational institution isn't re- quired to provide Form 1098-T to the student, you may What's New claim a credit without Form 1098-T if you otherwise qual- Student loan interest deduction. For 2022, the amount ify, can demonstrate that you (or a dependent) were enrol- of your student loan interest deduction is gradually re- led at an eligible educational institution, and can substan- duced (phased out) if your MAGI is between $70,000 and tiate the payment of qualified tuition and related $85,000 ($145,000 and $175,000 if you file a joint return). expenses. You can’t claim the deduction if your MAGI is $85,000 or You may also claim a credit if the student attended an more ($175,000 or more if you file a joint return). See eligible educational institution required to furnish Form chapter 4. 1098-T but the student doesn’t receive Form 1098-T be- fore you file your tax return (for example, if the institution is Education savings bond program. For 2022, the otherwise required to furnish Form 1098-T and doesn’t amount of your education savings bond interest exclusion furnish it or refuses to do so) and you take the following is gradually reduced (phased out) if your MAGI is between required steps: After January 31, 2023, but before you file $85,800 and $100,800 ($128,650 and $158,650 if you file your 2022 tax return, you or the student must request that a joint return). You can't exclude any of the interest if your the educational institution furnish Form 1098-T. You must MAGI is $100,800 or more ($158,650 or more if you file a fully cooperate with the educational institution's efforts to joint return). See chapter 9. gather the information needed to furnish Form 1098-T. Business deduction for work-related education. Gen- You must also otherwise qualify for the benefit, be able to erally, if you claim a business deduction for work-related demonstrate that you (or a dependent) were enrolled at an education and you drive your car to and from school, the eligible educational institution, and substantiate the pay- amount you can deduct for miles driven from January 1, ment of qualified tuition and related expenses. 2022, through June 30, 2022, is 58.5 cents a mile. The Educational institution's EIN required. To claim the amount you can deduct for miles driven from July 1, 2022, American opportunity credit, you must provide the educa- through December 31, 2022, is 62.5 cents a mile. See tional institution's employer identification number (EIN) on chapter 11. your Form 8863. You should be able to obtain this Page 2 Publication 970 (2022) |
Page 3 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. information from Form 1098-T or the educational institu- Estimated tax payments. If you have taxable income tion. See chapter 2. from any of your education benefits and the payer doesn't Form 8862 may be required. If your American opportu- withhold enough income tax, you may need to make esti- nity credit was denied or reduced for any reason other mated tax payments. For more information, see Pub. 505, than a math or clerical error for any tax year beginning af- Tax Withholding and Estimated Tax. ter 2015, you must attach a completed Form 8862, Infor- Employer-provided educational assistance benefits. mation To Claim Certain Credits After Disallowance, to Employer-provided educational assistance benefits in- your tax return for the next year for which you claim the clude payments made after March 27, 2020, and before credit. See chapter 2. January 1, 2026, for principal or interest on any qualified Ban on claiming the American opportunity credit. If education loan you incurred for your education. See chap- you claim the American opportunity credit even though ter 10. you're not eligible, you may be banned from claiming the Miscellaneous itemized deductions. For tax years be- credit for 2 or 10 years depending on your conduct. See ginning after 2017 and before 2026, you no longer deduct chapter 2. work-related education expenses as a miscellaneous Taxpayer identification number (TIN) needed by due itemized deduction subject to a 2%-of-adjusted-gross-in- date of return. If you haven’t been issued a TIN by the come floor. See chapter 11. due date of your 2022 return (including extensions), you Photographs of missing children. The Internal Reve- can't claim the American opportunity credit on either your nue Service is a proud partner with the National Center for original or an amended 2022 return. Also, the American Missing & Exploited Children® (NCMEC). Photographs of opportunity credit isn't allowed on either your original or an missing children selected by the Center may appear in amended 2022 return for a student who hasn’t been is- this publication on pages that would otherwise be blank. sued a TIN by the due date of your return (including exten- You can help bring these children home by looking at the sions). See chapter 2. photographs and calling 1-800-THE-LOST Higher education emergency grants. Emergency fi- (800-843-5678) if you recognize a child. nancial aid grants under the following are not included in your gross income. • The CARES Act. Introduction • The Coronavirus Response and Relief Supplemental This publication explains tax benefits that may be availa- Appropriations Act, 2021. ble to you if you are saving for or paying education costs • The American Rescue Plan Act of 2021. for yourself or, in many cases, another student who is a Also, for purposes of the American opportunity tax member of your immediate family. Most benefits apply credit (see chapter 2) and lifetime learning credit (see only to higher education. chapter 3), a student does not reduce an amount of quali- What is in this publication. Chapter 1 explains the tax fied tuition and related expenses by the amount of an treatment of various types of educational assistance, in- emergency financial aid grant. For more information, see cluding scholarships, fellowship grants, and tuition reduc- Higher Education Emergency Grants Frequently Asked tions. Questions. Two tax credits for which you may be eligible are ex- Coordination with Pell grants and other scholarships plained in chapter 2 and chapter 3. These benefits, which or fellowship grants. It may benefit you to choose to in- reduce the amount of income tax you may have to pay, clude otherwise tax-free scholarships or fellowship grants are: in income. This may increase your education credit and lower your total tax or increase your refund. See Coordi- • The American opportunity credit, and nation with Pell grants and other scholarships or fellow- • The lifetime learning credit. ship grants in chapter 2 and chapter 3. Nine other types of benefits are explained in chapters 4 Student loan interest deduction. You can’t deduct as through 11. These benefits, which reduce the amount of interest on a student loan any interest paid by your em- income tax you may have to pay, are: ployer after March 27, 2000, and before January 1, 2026, under an educational assistance program. See chapter 4. • Deduct student loan interest; Student loan forgiveness. The American Rescue Plan • Receive tax-free treatment of a canceled student loan; Act of 2021 modified the treatment of student loan forgive- • Receive tax-free student loan repayment assistance; ness for discharges in 2021 through 2025. See chapter 5. Establish and contribute to a Coverdell education sav- • Achieving a Better Life Experience (ABLE) account. ings account (ESA), which features tax-free earnings; This is a savings account for individuals with disabilities and their families. Distributions are tax free if used to pay • Participate in a qualified tuition program (QTP), which features tax-free earnings; the beneficiary's qualified disability expenses, which may include education expenses. For more information, see • Take early distributions from any type of individual re- Pub. 907, Tax Highlights for Persons With Disabilities. tirement arrangement (IRA) for education costs Publication 970 (2022) Page 3 |
Page 4 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. without paying the 10% additional tax on early distri- You can send us comments through IRS.gov/ butions; FormComments. Or, you can write to the Internal Reve- nue Service, Tax Forms and Publications, 1111 Constitu- • Cash in savings bonds for education costs without tion Ave. NW, IR-6526, Washington, DC 20224. having to pay tax on the interest; Although we can’t respond individually to each com- • Receive tax-free education benefits from your em- ment received, we do appreciate your feedback and will ployer; and consider your comments and suggestions as we revise • Claim a business deduction for work-related educa- our tax forms, instructions, and publications. Don’t send tion. tax questions, tax returns, or payments to the above ad- dress. Note. You generally can't claim more than one of the Getting answers to your tax questions. If you have benefits described in the list above for the same qualifying a tax question not answered by this publication or the How education expense. To Get Tax Help section at the end of this publication, go Comparison table. Some of the features of these to the IRS Interactive Tax Assistant page at IRS.gov/ benefits are highlighted in the Appendix, later in this publi- Help/ITA where you can find topics by using the search cation. This general comparison table may guide you in feature or viewing the categories listed. determining which benefits you may be eligible for and Getting tax forms, instructions, and publications. which chapters you may want to read. Go to IRS.gov/Forms to download current and prior-year When you figure your taxes, you may want to forms, instructions, and publications. TIP compare these tax benefits so you can choose Ordering tax forms, instructions, and publications. the method(s) that gives you the lowest tax liabil- Go to IRS.gov/OrderForms to order current forms, instruc- ity. If you qualify, you may find that a combination of tions, and publications; call 800-829-3676 to order credit(s) and deduction(s) gives you the lowest tax. prior-year forms and instructions. The IRS will process your order for forms and publications as soon as possible. Analyzing your tax withholding. After you estimate Don’t resubmit requests you’ve already sent us. You can your education tax benefits for the year, you may be able get forms and publications faster online. to reduce the amount of your federal income tax withhold- ing. Also, you may want to recheck your withholding dur- Useful Items ing the year if your personal or financial situation changes. You may want to see: For more information, see Pub. 505, Tax Withholding and Estimated Tax. Publication Glossary. In this publication, wherever appropriate, we 463 463 Travel, Gift, and Car Expenses have tried to use the same or similar terminology when re- ferring to the basic components of each education benefit. 525 525 Taxable and Nontaxable Income Some of the terms used are: 550 550 Investment Income and Expenses • Qualified education expenses, 590-A • Eligible educational institution, and 590-A Contributions to Individual Retirement Arrangements (IRAs) • Modified adjusted gross income. 590-B 590-B Distributions from Individual Retirement Even though the same term, such as qualified educa- Arrangements (IRAs) tion expenses, is used to label a basic component of many of the education benefits, the same expenses aren't Form (and Instructions) necessarily allowed for each benefit. For example, the cost of room and board is a qualified education expense 1040 1040 U.S. Individual Income Tax Return for the qualified tuition program, but not for the education 1040-NR savings bond program. 1040-NR U.S. Nonresident Alien Income Tax Return Many of the terms used in the publication are defined in 1040-SR 1040-SR U.S. Tax Return for Seniors the glossary near the end of the publication. The glossary isn't intended to be a substitute for reading the chapter on 2106 2106 Employee Business Expenses a particular education benefit, but it will give you an over- 5329 view of how certain terms are used in discussing the dif- 5329 Additional Taxes on Qualified Plans (Including ferent benefits. IRAs) and Other Tax-Favored Accounts 8815 Comments and suggestions. We welcome your com- 8815 Exclusion of Interest From Series EE and I ments about this publication and your suggestions for fu- U.S. Savings Bonds Issued After 1989 ture editions. 8863 8863 Education Credits See chapter 12 for information about getting these publi- cations and forms. Page 4 Publication 970 (2022) |
Page 5 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Qualified tuition reductions. Many types of educational assistance are tax free if they 1. meet the requirements discussed here. Special rules apply to U.S. citizens and resident aliens who have received scholarships or fellowship grants for Scholarships, Fellowship studying, teaching, or researching abroad. For information about these rules, see Pub. 54, Tax Guide for U.S. Citi- Grants, Grants, and zens and Resident Aliens Abroad. Tuition Reductions Scholarships and Fellowship Reminders Grants A scholarship is generally an amount paid or allowed to, Individual retirement arrangements (IRAs). You can or for the benefit of, a student (whether an undergraduate set up and make contributions to an IRA if you receive tax- or a graduate) at an educational institution to aid in the able compensation. A scholarship or fellowship grant is pursuit of his or her studies. generally taxable compensation only if it is shown in box 1 of your Form W-2, Wage and Tax Statement. However, A fellowship grant is generally an amount paid for the for tax years beginning after 2019, certain non-tuition fel- benefit of an individual to aid in the pursuit of study or re- lowship and stipend payments not reported to you on search. Form W-2 are treated as taxable compensation for IRA purposes. These include amounts paid to you to aid you in Amount of scholarship or fellowship grant. The the pursuit of graduate or postdoctoral study and included amount of a scholarship or fellowship grant includes the in your gross income under the rules discussed in this following. chapter. Taxable amounts not reported to you on Form W-2 are generally included in gross income as discussed • The value of contributed services and accommoda- tions. This includes such services and accommoda- later under Reporting Scholarships and Fellowship tions as room (lodging), board (meals), laundry serv- Grants. For more information about IRAs, see Pub. 590-A ice, and similar services or accommodations that are and Pub. 590-B. received by an individual as a part of a scholarship or Higher education emergency grants. Emergency fi- fellowship grant. nancial aid grants under the following are not included in your gross income. • The amount of tuition, matriculation, and other fees that are paid for or remitted to the student to aid the • The CARES Act. student in pursuing study or research. • The Coronavirus Response and Relief Supplemental Any amount received in the nature of a family allow- • Appropriations Act, 2021. ance as a part of a scholarship or fellowship grant. • The American Rescue Plan Act of 2021. Also, for purposes of the American opportunity credit Tax-Free Scholarships and (see chapter 2) and lifetime learning credit (see chap- Fellowship Grants ter 3), a student does not reduce an amount of qualified tuition and related expenses by the amount of an emer- A scholarship or fellowship grant is tax free (excludable gency financial aid grant. For more information, see from gross income) only if you are a candidate for a de- Higher Education Emergency Grants Frequently Asked gree at an eligible educational institution. Questions. You may be able to increase the combined value TIP of an education credit and certain educational as- Introduction sistance if the student includes some or all of the educational assistance in income in the year it is received. This chapter discusses the income tax treatment of vari- See the examples under Coordination with Pell grants and ous types of educational assistance you may receive if other scholarships in chapter 2 and chapter 3. you are studying, teaching, or researching in the United States. The educational assistance can be for a primary or A scholarship or fellowship grant is tax free only to the secondary school, a college or university, or a vocational extent: school. Included are discussions of: • It doesn't exceed your qualified education expenses; • Scholarships; • It isn't designated or earmarked for other purposes • Fellowship grants; (such as room and board), and doesn't require (by its • Need-based education grants, such as a Pell grant; terms) that it can't be used for qualified education ex- and penses; and Chapter 1 Scholarships, Fellowship Grants, Grants, and Tuition Reductions Page 5 |
Page 6 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • It doesn't represent payment for teaching, research, or Exceptions. You don't have to treat as payment for other services required as a condition for receiving the services the part of any scholarship or fellowship grant scholarship. For exceptions, see Payment for serv- that represents payment for teaching, research, or other ices, later. services if you receive the amount under: Use Worksheet 1-1 to figure the amount of a scholar- • The National Health Service Corps Scholarship Pro- ship or fellowship grant you can exclude from gross in- gram, come. • The Armed Forces Health Professions Scholarship and Financial Assistance Program, or Candidate for a degree. You are a candidate for a de- gree if you: • A comprehensive student work-learning-service pro- gram (as defined in section 448(e) of the Higher Edu- 1. Attend a primary or secondary school or are pursuing cation Act of 1965) operated by a work college (as de- a degree at a college or university; or fined in that section). 2. Attend an educational institution that: Example 1. You received a scholarship of $2,500. The a. Provides a program that is acceptable for full scholarship wasn't received under any of the exceptions credit toward a bachelor's or higher degree, or of- mentioned above. As a condition for receiving the scholar- fers a program of training to prepare students for ship, you must serve as a part-time teaching assistant. Of gainful employment in a recognized occupation; the $2,500 scholarship, $1,000 represents payment for and teaching. The provider of your scholarship gives you a Form W-2 showing $1,000 as income. Your qualified edu- b. Is authorized under federal or state law to provide cation expenses were at least $1,500. Assuming that all such a program and is accredited by a nationally other conditions are met, the most you can exclude from recognized accreditation agency. your gross income is $1,500. The $1,000 you received for Eligible educational institution. An eligible educational teaching must be included in your gross income. institution is one whose primary function is the presenta- Example 2. You are a candidate for a degree at a tion of formal instruction and that normally maintains a medical school. You receive a scholarship (not under any regular faculty and curriculum and normally has a regu- of the exceptions mentioned above) for your medical edu- larly enrolled body of students in attendance at the place cation and training. The terms of your scholarship require where it regularly carries on its educational activities. you to perform future services. A substantial penalty ap- Qualified education expenses. For purposes of plies if you don't comply. The entire amount of your grant tax-free scholarships and fellowship grants, these are ex- is taxable as payment for services in the year it is re- penses for: ceived. • Tuition and fees required to enroll at or attend an eligi- Athletic Scholarships ble educational institution; and • Course-related expenses, such as fees, books, sup- An athletic scholarship is tax free only if and to the extent plies, and equipment that are required for the courses it meets the requirements discussed earlier. at the eligible educational institution. These items Worksheet 1-1. You can use Worksheet 1-1 to figure the must be required of all students in your course of in- tax-free and taxable parts of your athletic scholarship. struction. Expenses that don't qualify. Qualified education ex- Taxable Scholarships and Fellowship penses don't include the cost of: Grants • Room and board, If and to the extent your scholarship or fellowship grant • Travel, doesn't meet the requirements described earlier, it is taxa- • Research, ble and must be included in gross income. You can use • Clerical help, or Worksheet 1-1 to figure the tax-free and taxable parts of your scholarship or fellowship grant. • Equipment and other expenses that aren't required for enrollment in or attendance at an eligible educational institution. Reporting Scholarships and Fellowship Grants Payment for services. Generally, you can't exclude from your gross income the part of any scholarship or fel- Whether you must report your scholarship or fellowship lowship grant that represents payment for teaching, re- grant depends on whether you must file a return and search, or other services required as a condition for re- whether any part of your scholarship or fellowship grant is ceiving the scholarship. This applies even if all candidates taxable. for a degree must perform the services to receive the de- gree. However, see Exceptions next. Page 6 Chapter 1 Scholarships, Fellowship Grants, Grants, and Tuition Reductions |
Page 7 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet 1-1. Taxable Scholarship and Fellowship Grant Income Keep for Your Records 1. Enter the total amount of any scholarship or fellowship grant for 2022. See Amount of scholarship or fellowship grant, earlier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. • If you are a degree candidate at an eligible educational institution, go to line 2. • If you aren't a degree candidate at an eligible educational institution, stop here. The entire amount is taxable. For information on how to report this amount on your tax return, see Reporting Scholarships and Fellowship Grants, earlier. 2. Enter the amount from line 1 that was for teaching, research, or any other services required as a condition for receiving the scholarship. Don't include amounts received for these items under the National Health Service Corps Scholarship Program, the Armed Forces Health Professions Scholarship and Financial Assistance Program, or a comprehensive student work-learning-service program (as defined in section 448(e) of the Higher Education Act of 1965) operated by a work college (as defined in that section) . . . . . . . . . . . . . . . . . . . . . . . . . . 2. 3. Subtract line 2 from line 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. 4. Enter the amount from line 3 that your scholarship or fellowship grant required you to use for other than qualified education expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. 5. Subtract line 4 from line 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. 6. Enter the amount of your qualified education expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. 7. Enter the smaller of line 5 or line 6. This amount is the most you can exclude from your gross income (the tax-free part of the scholarship or fellowship grant) . . . . . . . . . . . . . . . . . . . . . . . . 7. 8. Subtract line 7 from line 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. 9. Taxable part. Add lines 2, 4, and 8. See Reporting Scholarships and Fellowship Grants, earlier, for information on how to report this amount on your tax return . . . . . . . . . . . . . . . . . . . 9. If your only income is a completely tax-free scholarship or fellowship grant, you don't have to file a tax return and no reporting is necessary. If all or part of your scholarship Other Types of or fellowship grant is taxable and you are required to file a Educational Assistance tax return, report the taxable amount as explained below. You must report the taxable amount whether or not you re- The following discussions deal with other common types ceived a Form W-2. If you receive an incorrect Form W-2, of educational assistance. ask the payer for a corrected one. For information on whether you must file a return, see Fulbright Grants Pub. 501, Dependents, Standard Deduction, and Filing In- formation, or your income tax form instructions. A Fulbright grant is generally treated as a scholarship or fellowship grant in figuring how much of the grant is tax How To Report free. How you report any taxable scholarship or fellowship grant income depends on which return you file. Pell Grants and Other Title IV Need-Based Education Grants Form 1040 or 1040-SR. If you file Form 1040 or 1040-SR, include any taxable amount reported to you in These need-based grants are treated as scholarships for box 1 of Form W-2 in the total on line 1a. Include any taxa- purposes of determining their tax treatment. They are tax ble amount not reported to you in box 1 of Form W-2 on free to the extent used for qualified education expenses Schedule 1 (Form 1040), line 8r. during the period for which a grant is awarded. Form 1040-NR. If you file Form 1040-NR, report any tax- able amount on Schedule 1 (Form 1040), line 8r. Gener- Payment to Service Academy Cadets ally, you must report the amount reported to you in box 2 of Form(s) 1042-S, Foreign Person's U.S. Source Income An appointment to a U.S. military academy isn't a scholar- Subject to Withholding. For more information, see the In- ship or fellowship grant. Payment you receive as a cadet structions for Form 1040-NR. or midshipman at an armed services academy is pay for personal services and will be reported to you in box 1 of Form W-2. Include this pay in your income in the year you receive it. Chapter 1 Scholarships, Fellowship Grants, Grants, and Tuition Reductions Page 7 |
Page 8 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Veterans' Benefits Officers, owners, and highly compensated employ- ees. Qualified tuition reductions apply to officers, owners, Payments you receive for education, training, or subsis- or highly compensated employees only if benefits are tence under any law administered by the Department of available to employees on a nondiscriminatory basis. This Veterans Affairs (VA) are tax free. Don't include these means that the tuition reduction benefits must be available payments as income on your federal tax return. on substantially the same basis to each member of a group of employees. The group must be defined under a If you qualify for one or more of the education tax bene- reasonable classification set up by the employer. The fits discussed in chapters 2 through 11, you may have to classification must not discriminate in favor of owners, offi- reduce the amount of education expenses qualifying for a cers, or highly compensated employees. specific tax benefit by part or all of your VA payments. This applies only to the part of your VA payments that is Payment for services. Generally, you must include in in- required to be used for education expenses. come the part of any qualified tuition reduction that repre- sents payment for teaching, research, or other services by You may want to visit the Veterans Administration web- the student required as a condition of receiving the quali- site at www.gibill.va.gov for specific information about the fied tuition reduction. This applies even if all candidates various VA benefits for education. for a degree must perform the services to receive the de- gree. However, see Exceptions next. Example. You have returned to college and are re- ceiving two education benefits under the latest GI Bill: (1) Exceptions. You don't have to include in income the a $1,534 monthly basic housing allowance (BHA) that is part of any scholarship or fellowship grant that represents directly deposited to your checking account, and (2) payment for teaching, research, or other services if you $3,840 paid directly to your college for tuition. Neither of receive the amount under: these benefits is taxable and you don't report them on • The National Health Service Corps Scholarship Pro- your tax return. You also want to claim an American op- gram, portunity credit on your return. Your total tuition charges are $5,000. To figure the amount of credit, you must first • The Armed Forces Health Professions Scholarship subtract the $3,840 from your qualified education expen- and Financial Assistance Program, or ses because this payment under the GI Bill was required • A comprehensive student work-learning-service pro- to be used for education expenses. You don't subtract gram (as defined in section 448(e) of the Higher Edu- any amount of the BHA because it was paid to you and its cation Act of 1965) operated by a work college (as de- use wasn't restricted. fined in that section). Qualified Tuition Reduction Education Below the Graduate Level If you are allowed to study tuition free or for a reduced rate If you receive a tuition reduction for education below the of tuition, you may not have to pay tax on this benefit. This graduate level (including primary and secondary school), is called a tuition reduction. You don't have to include a it is a qualified tuition reduction, and therefore tax free, qualified tuition reduction in your income. only if your relationship to the educational institution pro- viding the benefit is described below. A tuition reduction is qualified only if you receive it from, and use it at, an eligible educational institution. You don't 1. You are an employee of the eligible educational insti- have to use the tuition reduction at the eligible educational tution. institution from which you received it. In other words, if you 2. You were an employee of the eligible educational in- work for an eligible educational institution and the institu- stitution, but you retired or left on disability. tion arranges for you to take courses at another eligible educational institution without paying any tuition, you may 3. You are the surviving spouse of an individual who not have to include the value of the free courses in your in- died while an employee of the eligible educational in- come. stitution or who retired or left on disability. 4. You are the dependent child or spouse of an individ- The rules for determining if a tuition reduction is quali- ual described in (1) through (3) above. fied, and therefore tax free, are different if the education provided is below the graduate level or is graduate educa- Child of deceased parents. For purposes of the quali- tion. fied tuition reduction, a child is a dependent child if the You must include in your income any tuition reduction child is under age 25 and both parents have died. you receive that is payment for your services. Child of divorced parents. For purposes of the quali- Eligible educational institution. An eligible educational fied tuition reduction, a dependent child of divorced pa- institution is one that maintains a regular faculty and cur- rents is treated as the dependent of both parents. riculum and normally has a regularly enrolled body of stu- dents in attendance at the place where it regularly carries on its educational activities. Page 8 Chapter 1 Scholarships, Fellowship Grants, Grants, and Tuition Reductions |
Page 9 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Graduate Education you may claim the credit without a Form 1098-T if you oth- erwise qualify, can demonstrate that you (or a dependent) A tuition reduction you receive for graduate education is were enrolled at an eligible educational institution, and qualified, and therefore tax free, if both of the following re- can substantiate the payment of qualified tuition and rela- quirements are met. ted expenses. • It is provided by an eligible educational institution. You may also claim a credit if the student attended an eligible educational institution required to furnish Form • You are a graduate student who performs teaching or 1098-T but the student doesn't receive Form 1098-T be- research activities for the educational institution. fore you file your tax return (for example, if the institution is You must include in income any other tuition reductions otherwise required to furnish the Form 1098-T and doesn't for graduate education that you receive. furnish it or refuses to do so) and you take the following required steps: After January 31, 2023, but before you file How To Report your 2022 tax return, you or the student must request that the educational institution furnish a Form 1098-T. You Any tuition reduction that is taxable should be included as must fully cooperate with the educational institution's ef- wages in box 1 of your Form W-2. Report the amount from forts to gather the information needed to furnish the Form box 1 of Form W-2 on Form 1040 or 1040-SR, line 1a. 1098-T. You must also otherwise qualify for the benefit, be able to demonstrate that you (or a dependent) were enrol- led at an eligible educational institution, and substantiate the payment of qualified tuition and related expenses. Ban on claiming the American opportunity credit. If you claim the American opportunity credit even though 2. you're not eligible, you may be banned from claiming the credit for 2 or 10 years depending on your conduct. See Caution under Introduction below. American Opportunity Taxpayer identification number (TIN) needed by due date of return. If you haven't been issued a TIN by the due date of your 2022 return (including extensions), you Credit can't claim the American opportunity credit on either your original or an amended 2022 return. Also, the American opportunity credit isn't allowed on either your original or an Reminders amended 2022 return for a student who hasn't been is- sued a TIN by the due date of your return (including exten- Educational institution's EIN required. To claim the sions). American opportunity credit, you must provide the educa- tional institution's employer identification number (EIN) on your Form 8863. You should be able to obtain this infor- Introduction mation from Form 1098-T or the educational institution. For 2022, there are two tax credits available to help you Form 8862 may be required. If your American opportu- offset the costs of higher education by reducing the nity credit was denied or reduced for any reason other amount of your income tax. They are the American oppor- than a math or clerical error for any tax year beginning af- tunity credit (this chapter) and the lifetime learning credit ter 2015, you must attach a completed Form 8862, Infor- (chapter 3). mation To Claim Certain Credits After Disallowance, to This chapter explains: your tax return for the next year for which you claim the Who can claim the American opportunity credit, • credit. See Form 8862 and its instructions for details. • What expenses qualify for the credit, Form 1098-T requirement. To be eligible to claim the American opportunity credit, the law requires a taxpayer • Who is an eligible student, (or a dependent) to have received Form 1098-T, Tuition • Who can claim a dependent's expenses, Statement, from an eligible educational institution, whether domestic or foreign. • How to figure the credit, However, you may claim the credit if the student • How to claim the credit, and doesn't receive a Form 1098-T because the student's ed- • When the credit must be repaid. ucational institution isn't required to furnish a Form 1098-T to the student under existing rules (for example, if the stu- What is the tax benefit of the American opportunity dent is a qualified nonresident alien, has qualified educa- credit? For 2022, you may be able to claim a credit of up tion expenses paid entirely with scholarships, has quali- to $2,500 for adjusted qualified education expenses paid fied education expenses paid under a formal billing for each student who qualifies for the American opportu- arrangement, or is enrolled in courses for which no aca- nity credit. demic credit is awarded). If a student's educational institu- A tax credit reduces the amount of income tax you may tion isn't required to provide a Form 1098-T to the student, have to pay. Unlike a deduction, which reduces the Chapter 2 American Opportunity Credit Page 9 |
Page 10 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. amount of income subject to tax, a credit directly reduces Differences between the American opportunity and the tax itself. Forty percent of the American opportunity lifetime learning credits. There are several differences credit may be refundable. This means that if the refunda- between these two credits. For example, you can claim ble portion of your credit is more than your tax, the excess the American opportunity credit based on the same stu- will be refunded to you. dent's expenses for no more than 4 tax years. However, Your allowable American opportunity credit may be there is no limit on the number of years for which you can limited by the amount of your income. Also, the nonre- claim a lifetime learning credit based on the same stu- fundable part of the credit may be limited by the amount of dent's expenses. The differences between these credits your tax. are shown in the Appendix near the end of this publica- tion. Overview of the American opportunity credit for 2022. See Table 2-1 for the basics of this credit. The de- If you claim the American opportunity credit for tails are discussed in this chapter. TIP any student, you can choose between using that student's adjusted qualified education expenses Can you claim more than one education credit this for the American opportunity credit or the lifetime learning year? For each student, you can elect for any year only credit. If you have the choice, the American opportunity one of the credits. For example, if you elect to claim the credit will always be greater than the lifetime learning American opportunity credit for a dependent on your 2022 credit. tax return, you can't use that same dependent's qualified education expenses to figure the lifetime learning credit Form 8862 may be required. If your American opportu- for 2022. nity credit was denied or reduced for any reason other If you pay qualified education expenses for more than than a math or clerical error for any tax year beginning af- one student in the same year, you can choose to claim the ter 2015, you must attach a completed Form 8862 to your American opportunity credit on a per-student, per-year ba- tax return for the next tax year for which you claim the sis. If you pay qualified education expenses for a student credit. See Form 8862 and its instructions for details. (or students) for whom you don't claim the American op- Don't claim the American opportunity credit for 2 portunity credit, you can use the adjusted qualified educa- years after there was a final determination that tion expenses of that student (or those students) in figur- CAUTION! your claim was due to reckless or intentional dis- ing your lifetime learning credit. This means that, for regard of the rules, or 10 years after there was a final de- example, you can claim the American opportunity credit termination that your claim was due to fraud. for one student and the lifetime learning credit for another student in the same year. Page 10 Chapter 2 American Opportunity Credit |
Page 11 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Table 2-1. Overview of the American Opportunity Credit for 2022 Maximum credit Up to $2,500 credit per eligible student Limit on modified adjusted gross income $180,000 if married filing jointly; $90,000 if single, head of household, or qualifying (MAGI) surviving spouse Refundable or nonrefundable 40% of credit may be refundable; the rest is nonrefundable Number of years of postsecondary education Available ONLY if the student had not completed the first 4 years of postsecondary education before 2022 (generally, the freshman through senior years, determined by the eligible educational institution, not including academic credit awarded solely because of the student's performance on proficiency examinations) Number of tax years credit available Available ONLY for 4 tax years per eligible student Type of program required Student must be pursuing a program leading to a degree or other recognized education credential Number of courses Student must be enrolled at least half-time for at least one academic period that begins during 2022 (or the first 3 months of 2023 if the qualified expenses were paid in 2022) Felony drug conviction As of the end of 2022, the student had not been convicted of a felony for possessing or distributing a controlled substance Qualified expenses Tuition, required enrollment fees, and course materials that the student needs for a course of study whether or not the materials are bought at the educational institution as a condition of enrollment or attendance Payments for academic periods Payments made in 2022 for academic periods beginning in 2022 or beginning in the first 3 months of 2023 TIN needed by filing due date Filers and students must have been issued a TIN by the due date of their 2022 return (including extensions) Educational institution’s EIN You must provide the educational institution's employer identification number (EIN) on your Form 8863 1. As of the beginning of 2022, the student had not com- pleted the first 4 years of postsecondary education (generally, the freshman through senior years of col- lege), as determined by the eligible educational insti- Can You Claim the Credit? tution. For this purpose, don't include academic credit The following rules will help you determine if you are eligi- awarded solely because of the student's performance ble to claim the American opportunity credit on your tax on proficiency examinations. return. 2. The American opportunity credit has not been claimed by you or anyone else (see below) for this Who Can Claim the Credit? student for any 4 tax years before 2022. If the Ameri- can opportunity credit has been claimed for this stu- Generally, you can claim the American opportunity credit dent for any 3 or fewer tax years before 2022, this re- if all three of the following requirements are met. quirement is met. • You pay qualified education expenses of higher edu- 3. For at least one academic period beginning (or trea- cation. ted as beginning) in 2022, the student both: • You pay the education expenses for an eligible stu- a. Was enrolled in a program that leads to a degree, dent. certificate, or other recognized educational cre- • The eligible student is either yourself, your spouse, or dential; and a dependent you claim on your tax return. b. Carried at least one-half the normal full-time work- load for his or her course of study. Note. Qualified education expenses paid by a depend- The standard for what is half of the normal ent you claim on your tax return, or by a third party for that full-time workload is determined by each eligible dependent, are considered paid by you. educational institution. However, the standard Student qualifications. Generally, you can claim the may not be lower than any of those established by American opportunity credit for a student only if all of the the U.S. Department of Education under the following four requirements are met. Higher Education Act of 1965. Chapter 2 American Opportunity Credit Page 11 |
Page 12 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. For 2022, treat an academic period beginning Who Can't Claim the Credit? in the first 3 months of 2023 as if it began in 2022 if qualified education expenses for the student You can't claim the American opportunity credit for 2022 if were paid in 2022 for that academic period. See any of the following apply. Prepaid expenses, later. • Your filing status is married filing separately. 4. As of the end of 2022, the student had not been con- victed of a federal or state felony for possessing or • You are claimed as a dependent on another person's distributing a controlled substance. tax return, such as your parent's return. See Who Can Claim a Dependent's Expenses, later. Example 1. Sharon was eligible for the American op- • Your modified adjusted gross income (MAGI) is portunity credit for 2016, 2017, 2019, and 2021. Sharon’s $90,000 or more ($180,000 or more if married filing parents claimed the American opportunity credit for jointly). MAGI is explained later under Effect of the Sharon on their 2016, 2017, and 2019 tax returns. Sharon Amount of Your Income on the Amount of Your Credit. claimed the American opportunity credit on her 2021 tax return. The American opportunity credit has been claimed • You (or your spouse) were a nonresident alien for any for Sharon for 4 tax years before 2022. Therefore, the part of 2022 and the nonresident alien didn't elect to American opportunity credit can't be claimed for Sharon be treated as a resident alien for tax purposes. More for 2022. If Sharon were to file Form 8863 for 2022, the information on nonresident aliens can be found in box on Part III, line 23, should be checked “Yes” and only Pub. 519, U.S. Tax Guide for Aliens. the lifetime learning credit would be able to be claimed. • You weren’t issued an SSN (or ITIN) by the due date of your 2022 return (including extensions). You can't Example 2. Wilbert was eligible for the American op- claim the American opportunity credit on either your portunity credit for 2018, 2019, 2020, and 2022. Wilbert’s original or an amended 2022 return. Also, you can't parents claimed the American opportunity credit for Wil- claim this credit on your original or an amended 2022 bert on their tax returns for 2018, 2019, and 2020. No one return for a student who wasn’t issued an SSN, ATIN, claimed an American opportunity credit for Wilbert for any or ITIN by the due date of your return (including exten- other tax year. The American opportunity credit has been sions). If an ATIN or ITIN is applied for on or before claimed for Wilbert for only 3 tax years before 2022. the due date of a 2022 return (including extensions) Therefore, Wilbert meets the second requirement to be el- and the IRS issues an ATIN or ITIN as a result of the igible for the American opportunity credit. If Wilbert were application, the IRS will consider the ATIN or ITIN as to file Form 8863 for 2022, the box on Part III, line 23, issued on or before the due date of the return. should be checked “No.” If Wilbert meets all of the other requirements, he is eligible for the American opportunity credit. Example 3. Glenda enrolls on a full-time basis in a de- What Expenses Qualify? gree program for the 2023 spring semester, which begins in January 2023. Glenda pays the tuition for the 2023 The American opportunity credit is based on adjusted spring semester in December 2022. Because the tuition qualified education expenses you pay for yourself, your Glenda paid in 2022 relates to an academic period that spouse, or a dependent you claim on your tax return. Gen- begins in the first 3 months of 2023, the eligibility to claim erally, the credit is allowed for adjusted qualified educa- an American opportunity credit in 2022 is determined as if tion expenses paid in 2022 for an academic period begin- the 2023 spring semester began in 2022. Therefore, ning in 2022 or beginning in the first 3 months of 2023. Glenda satisfies this third requirement. If the requirements above aren't met for any stu- For example, if you paid $1,500 in December 2022 for TIP dent, you can't claim the American opportunity qualified tuition for the spring 2023 semester beginning credit for that student. You may be able to claim January 2023, you can use that $1,500 in figuring your the lifetime learning credit for part or all of that student's 2022 credit. qualified education expenses instead. Academic period. An academic period includes a se- mester, trimester, quarter, or other period of study (such “Qualified education expenses” are defined later under as a summer school session) as reasonably determined Qualified Education Expenses. “Eligible students” are de- by an educational institution. If an educational institution fined later under Who Is an Eligible Student. A dependent uses credit hours or clock hours and doesn't have aca- you claim on your tax return is defined later under Who demic terms, each payment period can be treated as an Can Claim a Dependent's Expenses. academic period. You may find Figure 2-1 helpful in determining if you can claim an American opportunity credit on your tax re- Paid with borrowed funds. You can claim an American turn. opportunity credit for qualified education expenses paid with the proceeds of a loan. Use the expenses to figure the American opportunity credit for the year in which the expenses are paid, not the year in which the loan is Page 12 Chapter 2 American Opportunity Credit |
Page 13 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Figure 2-1. Can You Claim the American Opportunity Credit for 2022? No Did you pay qualied education expenses in 2022 for an eligible student?* Yes Did the academic period for which you paid qualied education No expenses begin in 2022 or the rst 3 months of 2023? Yes Is the eligible student you, your spouse (if married ling jointly), or your No dependent you claim on your tax return? Yes Yes Are you listed as a dependent on another person’s tax return? No Yes Is your ling status married ling separately? No For any part of 2022, were you (or your spouse) a nonresident alien Yes who didn’t elect to be treated as a resident alien for tax purposes? No Is your modied adjusted gross income (MAGI) less than $90,000 No ($180,000 if married ling jointly)? Yes Yes Did you use the same expenses to claim a deduction or credit? No Were the same expenses paid entirely with a tax-free scholarship, grant, or Yes employer-provided educational assistance? No You can’t Yes Did you or someone else receive a refund of all the expenses? claim the American opportunity credit No for 2022. You can claim the American opportunity credit for 2022.** *Qualified education expenses paid by a dependent you claim on your tax return, or by a third party for that dependent, are considered paid by you. **Your education credits may be limited to your tax liability minus certain credits. See Form 8863 for more details. repaid. Treat loan payments sent directly to the educa- Qualified Education Expenses tional institution as paid on the date the institution credits the student's account. For purposes of the American opportunity credit, qualified education expenses are tuition and certain related expen- Student withdraws from class(es). You can claim an ses required for enrollment or attendance at an eligible American opportunity credit for qualified education expen- educational institution. ses not refunded when a student withdraws. Eligible educational institution. An eligible educational institution is generally any accredited public, nonprofit, or proprietary (privately owned profit-making) college, uni- versity, vocational school, or other postsecondary Chapter 2 American Opportunity Credit Page 13 |
Page 14 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. educational institution. Also, the institution must be eligible government. No portion of the fee covers personal expen- to participate in a student aid program administered by the ses. Although labeled as a student activity fee, the fee is U.S. Department of Education. Virtually all accredited required for Kelly's enrollment and attendance at College postsecondary institutions meet this definition. X and is a qualified expense. An eligible educational institution also includes certain educational institutions located outside the United States No Double Benefit Allowed that are eligible to participate in a student aid program ad- ministered by the U.S. Department of Education. You can't do any of the following. The educational institution should be able to tell • Deduct higher education expenses on your income TIP you if it is an eligible educational institution. tax return (as, for example, a business expense) and also claim an American opportunity credit based on those same expenses. Related expenses. Student activity fees are included in qualified education expenses only if the fees must be paid • Claim an American opportunity credit for any student to the institution as a condition of enrollment or attend- and use any of that student's expenses in figuring your ance. lifetime learning credit. However, expenses for books, supplies, and equip- • Figure the tax-free portion of a distribution from a Cov- ment needed for a course of study are included in quali- erdell education savings account (ESA) or qualified fied education expenses whether or not the materials are tuition program (QTP) using the same expenses you purchased from the educational institution. used to figure the American opportunity credit. See Coordination With American Opportunity and Lifetime Prepaid expenses. Qualified education expenses paid Learning Credits in chapter 6 and Coordination With in 2022 for an academic period that begins in the first 3 American Opportunity and Lifetime Learning Credits in months of 2023 can be used in figuring an education chapter 7. credit for 2022 only. See Academic period, earlier. For ex- ample, if you pay $2,000 in December 2022 for qualified • Claim a credit based on qualified education expenses tuition for the 2023 winter quarter that begins in January paid with tax-free educational assistance, such as a 2023, you can use that $2,000 in figuring an education scholarship, grant, or assistance provided by an em- credit for 2022 only (if you meet all the other require- ployer. See Adjustments to Qualified Education Ex- ments). penses next. You can't use any amount you paid in 2021 or Adjustments to Qualified Education ! 2023 to figure the qualified education expenses Expenses CAUTION you use to figure your 2022 education credit(s). In the following examples, assume that each student is For each student, reduce the qualified education expen- an eligible student at an eligible educational institution. ses paid by or on behalf of that student under the follow- ing rules. The result is the amount of adjusted qualified Example 1. Jefferson is a sophomore in University V's education expenses for each student. degree program in dentistry. This year, in addition to tui- tion, there is a requirement to pay a fee to the university Tax-free educational assistance. For tax-free educa- for the rental of the dental equipment used in this pro- tional assistance received in 2022, reduce the qualified gram. Because the equipment rental is needed for this educational expenses for each academic period by the course of study, Jefferson's equipment rental fee is a amount of tax-free educational assistance allocable to that qualified expense. academic period. See Academic period, earlier. Some tax-free educational assistance received after Example 2. Grace and William, both first-year stu- 2022 may be treated as a refund of qualified education ex- dents at College W, are required to have certain books penses paid in 2022. This tax-free educational assistance and other reading materials to use in their mandatory is any tax-free educational assistance received by you or first-year classes. The college has no policy about how anyone else after 2022 for qualified education expenses students should obtain these materials, but any student paid on behalf of a student in 2022 (or attributable to en- who purchases them from College W's bookstore will re- rollment at an eligible educational institution during 2022). ceive a bill directly from the college. William bought the If this tax-free educational assistance is received after books from a friend; Grace bought the books at College 2022 but before you file your 2022 income tax return, see W's bookstore. Both are qualified education expenses for Refunds received after 2022 but before your income tax the American opportunity credit. return is filed, later. If this tax-free educational assistance is received after 2022 and after you file your 2022 income Example 3. When Kelly enrolled at College X for the tax return, see Refunds received after 2022 and after your freshman year, the school required payment of a separate income tax return is filed, later. student activity fee in addition to the tuition. This activity fee is required of all students, and is used solely to fund on-campus organizations and activities run by students, such as the student newspaper and the student Page 14 Chapter 2 American Opportunity Credit |
Page 15 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Tax-free educational assistance includes: Refunds received after 2022 but before your in- come tax return is filed. If anyone receives a refund af- • The tax-free parts of scholarships and fellowship ter 2022 of qualified education expenses paid on behalf of grants (see Tax-Free Scholarships and Fellowship a student in 2022 and the refund is paid before you file an Grants in chapter 1); income tax return for 2022, the amount of qualified educa- • The tax-free part of Pell grants (see Pell Grants and tion expenses for 2022 is reduced by the amount of the Other Title IV Need-Based Education Grants in chap- refund. ter 1); Refunds received after 2022 and after your income • Employer-provided educational assistance (see chap- tax return is filed. If anyone receives a refund after 2022 ter 10); of qualified education expenses paid on behalf of a stu- • Veterans' educational assistance (see Veterans' Ben- dent in 2022 and the refund is paid after you file an in- efits in chapter 1); and come tax return for 2022, you may need to repay some or all of the credit. See Credit recapture next. • Any other nontaxable (tax-free) payments (other than gifts or inheritances) received as educational assis- Credit recapture. If any tax-free educational assistance tance. for the qualified education expenses paid in 2022, or any refund of your qualified education expenses paid in 2022, Generally, any scholarship or fellowship grant is treated is received after you file your 2022 income tax return, you as tax free. However, a scholarship or fellowship grant must recapture (repay) any excess credit. You do this by isn't treated as tax free to the extent the student includes it refiguring the amount of your adjusted qualified education in gross income (the student may or may not be required expenses for 2022 by reducing the expenses by the to file a tax return for the year the scholarship or fellowship amount of the refund or tax-free educational assistance. grant is received) and either of the following is true. You then refigure your education credit(s) for 2022 and • The scholarship or fellowship grant (or any part of it) figure the amount by which your 2022 tax liability would must be applied (by its terms) to expenses (such as have increased if you claimed the refigured credit(s). In- room and board) other than qualified education ex- clude that amount as an additional tax for the year the re- penses as defined in Qualified education expenses in fund or tax-free assistance was received. chapter 1. Example. You paid $7,000 tuition and fees in August • The scholarship or fellowship grant (or any part of it) 2022, and your child began college in September 2022. may be applied (by its terms) to expenses (such as You filed your 2022 tax return on February 17, 2023, and room and board) other than qualified education ex- claimed an American opportunity credit of $2,500. After penses as defined in Qualified education expenses in you filed your return, you received a refund of $4,000. You chapter 1. must refigure your 2022 American opportunity credit using $3,000 of qualified education expenses instead of $7,000. A student can't choose to include in income a The refigured credit is $2,250. The increase to your tax lia- ! scholarship or fellowship grant provided by an In- bility is $250. Include the difference of $250 as additional CAUTION dian tribal government that is excluded from in- tax on your 2023 tax return. See the instructions for your come under the Tribal General Welfare Exclusion Act of 2023 income tax return to determine where to include this 2014 or benefits provided by an educational program de- tax. scribed in Revenue Procedure 2014-35, section 5.02(2) (b)(ii), available at IRS.gov/irb/2014-26_IRB#RP-2014-35. If you pay qualified education expenses in both TIP 2022 and 2023 for an academic period that be- You may be able to increase the combined value gins in the first 3 months of 2023 and you receive TIP of an education credit if the student includes tax-free educational assistance, or a refund, as described some or all of a scholarship or fellowship grant in above, you may choose to reduce your qualified educa- income in the year it is received. For examples, see Coor- tion expenses for 2023 instead of reducing your expenses dination with Pell grants and other scholarships, later. for 2022. Refunds. A refund of qualified education expenses may Amounts that don't reduce qualified education ex- reduce adjusted qualified education expenses for the tax penses. Don't reduce qualified education expenses by year or require repayment (recapture) of a credit claimed amounts paid with funds the student receives as: in an earlier year. Some tax-free educational assistance received after 2022 may be treated as a refund. See • Payment for services, such as wages; Tax-free educational assistance, earlier. • A loan; Refunds received in 2022. For each student, figure • A gift; the adjusted qualified education expenses for 2022 by • An inheritance; or adding all the qualified education expenses for 2022 and subtracting any refunds of those expenses received from • A withdrawal from the student's personal savings. the eligible educational institution during 2022. Chapter 2 American Opportunity Credit Page 15 |
Page 16 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Don't reduce the qualified education expenses by any opportunity credit may increase the credit by enough to in- scholarship or fellowship grant reported as income on the crease your tax refund or reduce the amount of tax you student's tax return in the following situations. owe even considering any increased tax liability from the additional income. However, the increase in tax liability as • The use of the money is restricted, by the terms of the well as the loss of other tax credits may be greater than scholarship or fellowship grant, to costs of attendance the additional American opportunity credit and may cause (such as room and board) other than qualified educa- your tax refund to decrease or the amount of tax you owe tion expenses as defined in Qualified education ex- to increase. Your specific circumstances will determine penses in chapter 1. what amount, if any, of scholarship or fellowship grant to • The use of the money isn't restricted. include in income to maximize your tax refund or minimize the amount of tax you owe. Example 1. Joan paid $3,000 for tuition and $5,000 for room and board at University X. The university did not The scholarship or fellowship grant must be one that may require payment of any fees in addition to the tuition in or- qualify as a tax-free scholarship under the rules discussed der to enroll in or attend classes. To help pay these costs, in chapter 1. Also, the scholarship or fellowship grant must Joan was awarded a $2,000 scholarship and a $4,000 be one that may (by its terms) be used for nonqualified ex- student loan. The terms of the scholarship state that it can penses. Finally, the amount of the scholarship or fellow- be used to pay any of Joan's college expenses. ship grant that is applied to nonqualified expenses can't University X applies the $2,000 scholarship against exceed the amount of the student's actual nonqualified Joan's $8,000 total bill, and Joan pays the $6,000 balance expenses that are paid in the tax year. This amount may of her bill from University X with a combination of the stu- differ from the student's living expenses estimated by the dent loan and personal savings. Joan doesn't report any student's school in figuring the official cost of attendance portion of the scholarship as income on the tax return. under student aid rules. In figuring the amount of either education credit (Ameri- The fact that the educational institution applies the can opportunity or lifetime learning), Joan must reduce the scholarship or fellowship grant to qualified education ex- qualified education expenses by the amount of the schol- penses, such as tuition and related fees, doesn't prevent arship ($2,000) because the entire scholarship was exclu- the student from choosing to apply certain scholarships or ded from the reported income on Joan’s tax return. The fellowship grants to the student’s actual nonqualified ex- student loan isn't tax-free educational assistance, so the penses. By making this choice (that is, by including the qualified expenses don't need to be reduced by any part part of the scholarship or fellowship grant applied to the of the loan proceeds. Joan is treated as having paid student’s nonqualified expenses in income), the student $1,000 in qualified education expenses ($3,000 tuition − may increase taxable income and may be required to file $2,000 scholarship). a tax return. But this allows payments made in cash, by check, by credit or debit card, or with borrowed funds Example 2. The facts are the same as in Example 1, such as a student loan to be applied to qualified education except that Joan reports the entire scholarship as income expenses. on the tax return. Because Joan reported the entire $2,000 scholarship as income, the qualified education ex- Example 1—No scholarship. Bill, age 28 and unmar- penses don't need to be reduced. Joan is treated as hav- ried, enrolled full-time in 2022 as a first-year student at a ing paid $3,000 in qualified education expenses. local college to earn a degree in law enforcement. This was Bill’s first year of postsecondary education. During Coordination with Pell grants and other scholar- 2022, Bill paid $5,600 for qualified education expenses ships. You may be able to increase your American op- and $4,400 for room and board for the fall 2022 semester. portunity credit when the student (you, your spouse, or Bill and the college meet all the requirements for the your dependent) includes certain scholarships or fellow- American opportunity credit. Bill's adjusted gross income ship grants in the student's gross income. Your credit may (AGI) and MAGI, for purposes of figuring his credit, are increase only if the amount of the student's qualified edu- $36,450. Bill claims the standard deduction of $12,950, cation expenses minus the total amount of scholarships resulting in taxable income of $23,500 and an income tax and fellowship grants is less than $4,000. If this situation liability before credits of $2,618. Bill claims no credits applies, consider including some or all of the scholarship other than the American opportunity credit. Bill figures his or fellowship grant in the student's income in order to treat American opportunity credit based on qualified education the included amount as paying nonqualified expenses in- expenses of $4,000, which results in a credit of $2,500 stead of qualified education expenses. Nonqualified ex- and a tax liability after credits of $118 ($2,618 − $2,500). penses are expenses such as room and board that aren't qualified education expenses such as tuition and related Example 2—Scholarship excluded from income. fees. The facts are the same as in Example 1—No scholarship, Scholarships and fellowship grants that the student in- except that Bill was awarded a $5,600 scholarship. Under cludes in income don't reduce the student's qualified edu- the terms of the scholarship, it may be used to pay any cation expenses available to figure your American oppor- educational expenses, including room and board. If Bill tunity credit. Thus, including enough scholarship or excludes the scholarship from income, it will be deemed fellowship grant in the student's income to report up to (for purposes of figuring the education credit) to have $4,000 in qualified education expenses for your American been applied to pay tuition, required fees, and course Page 16 Chapter 2 American Opportunity Credit |
Page 17 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. materials. Bill’s adjusted qualified education expenses $613. Jane would be able to receive a $1,613 American would be zero and there would be no education credit. opportunity credit ($1,000 refundable and $613 nonre- Therefore, Bill's tax liability after credits would be $2,618. fundable), a $1,500 additional child tax credit, and a $2,871 EIC. In total, Jane would be able to receive a tax Example 3—Scholarship partially included in in- refund of $5,371. come. The facts are the same as in Example 2—Scholar- If Jane includes $3,500 of the scholarship in income, ship excluded from income. If, unlike Example 2, Bill in- Jane will be deemed to have applied $3,500 of the schol- cludes $4,000 of the scholarship in income, the $4,000 arship to pay living expenses, and $2,000 to pay qualified will be deemed to have been applied to pay for room and education expenses. The qualified education expenses board. The remaining $1,600 of the $5,600 scholarship would be $4,000, and the AGI and MAGI would be would reduce the qualified education expenses, and the $23,500. The tax liability before any credits would be adjusted qualified education expenses would be $4,000. $413. Jane would be able to receive a $1,413 American Bill's AGI and MAGI would increase to $40,450, the taxa- opportunity credit ($1,000 refundable and $413 nonre- ble income would increase to $27,500, and the tax liability fundable), a $1,500 additional child tax credit, and a before credits would increase to $3,098. Based on the ad- $3,191 EIC. In total, Jane would be able to receive a tax justed qualified education expenses of $4,000, Bill would refund of $5,691. be able to claim an American opportunity credit of $2,500 If Jane includes $1,500 of the scholarship in income, and the tax liability after credits would be $598 ($3,098 − Jane will be deemed to have applied $1,500 of the schol- $2,500). arship to pay living expenses, and $4,000 to pay qualified education expenses. The qualified education expenses Example 4—Scholarship applied by the postse- would be $2,000, and the AGI and MAGI would be condary school to tuition. The facts are the same as in $21,500. The tax liability before any credits would be Example 3—Scholarship partially included in income, ex- $211. Jane would be able to receive a $1,011 American cept the $5,600 scholarship is paid directly to the local opportunity credit ($800 refundable and $211 nonrefunda- college. The fact that the local college applies the scholar- ble), a $1,500 additional child tax credit, and a $3,510 ship to Bill's tuition and related fees doesn't prevent Bill EIC. In total, Jane would be able to receive a tax refund of from including $4,000 of the scholarship in income. As in $5,810. This is the highest tax refund among these sce- Example 3, by doing so, Bill will be deemed to have ap- narios. plied $4,000 to pay for room and board. Bill would be able to claim the American opportunity credit of $2,500 and the Note. Whether you will benefit from applying a schol- tax liability after credits would be $598. arship or fellowship grant to nonqualified expenses will depend on the amount of the student's qualified education Example 5—Student with a dependent child. Jane, expenses, the amount of the scholarship or fellowship age 28 and unmarried, enrolled full-time as a first-year grant, and whether the scholarship or fellowship grant student at a local technical college to get a certificate as a may (by its terms) be used for nonqualified expenses. Any computer technician. This was Jane’s first year of postse- benefit will also depend on the student’s federal and state condary education. During 2022, Jane paid $6,000 for marginal tax rates as well as any federal and state tax qualified education expenses. Jane and the college meet credits the student claims. Before deciding, look at the to- all the requirements for the American opportunity credit. tal amount of your federal and state tax refunds or taxes Jane has a dependent child, age 10, who is a qualifying owed and, if the student is your dependent, the student’s child for purposes of receiving the earned income credit tax refunds or taxes owed. For example, if you are the stu- (EIC) and the child tax credit. Jane's wages are $20,000. dent and you also claim the EIC, choosing to apply a Jane withheld no income taxes on these wages and has scholarship or fellowship grant to nonqualified expenses no other income or adjustments. Jane was awarded a by including the amount in your income may benefit you if $5,500 scholarship. Under the terms of the scholarship, it the increase to your American opportunity credit is more may be used to pay tuition and any living expense, includ- than the decrease to your EIC. ing rent. Jane paid $10,000 in living expenses in 2022. If Jane excludes the entire scholarship from income, Jane will be deemed to have applied the entire scholar- Expenses That Don't Qualify ship to pay qualified education expenses. The AGI and Qualified education expenses don't include amounts paid MAGI would be $20,000. The tax liability before any cred- for: its would be $61. The qualified education expenses would be reduced to $500. Jane would be able to receive a $261 • Insurance; American opportunity credit ($200 refundable and $61 • Medical expenses (including student health fees); nonrefundable), a $1,500 additional child tax credit, and a $3,733 EIC. In total, Jane would be able to receive a tax • Room and board; refund of $5,433. • Transportation; or If Jane includes the entire scholarship in income, Jane will be deemed to have applied the entire scholarship to • Similar personal, living, or family expenses. pay living expenses. The qualified education expenses This is true even if the amount must be paid to the institu- would be $6,000, and the AGI and MAGI would be tion as a condition of enrollment or attendance. $25,500. The tax liability before any credits would be Chapter 2 American Opportunity Credit Page 17 |
Page 18 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Sports, games, hobbies, and noncredit courses. The standard for what is half of the normal full-time Qualified education expenses generally don't include ex- workload is determined by each eligible educational insti- penses that relate to any course of instruction or other ed- tution. However, the standard may not be lower than any ucation that involves sports, games, or hobbies, or any of those established by the U.S. Department of Education noncredit course. However, if the course of instruction or under the Higher Education Act of 1965. other education is part of the student's degree program, these expenses can qualify. Example 1. Mack graduated from high school in June Comprehensive or bundled fees. Some eligible educa- 2021. In September, Mack enrolled in an undergraduate tional institutions combine all of their fees for an academic degree program at College U, and attended full-time for period into one amount. If you don't receive or don't have both the 2021 fall and 2022 spring semesters. For the access to an allocation showing how much you paid for 2022 fall semester, Mack was enrolled less than half-time. qualified education expenses and how much you paid for Because Mack was enrolled in an undergraduate degree personal expenses, such as those listed earlier, contact program on at least a half-time basis for at least one aca- the institution. The institution is generally required to make demic period that began in 2021 and at least one aca- this allocation and provide you with the amount you paid demic period that began in 2022, Mack is an eligible stu- for qualified education expenses on Form 1098-T. See dent for tax years 2021 and 2022 (including the 2022 fall Figuring the Credit, later, for more information about Form semester when Mack enrolled at College U on less than a 1098-T. half-time basis). Example 2. After taking classes at College V on a part-time basis for a few years, Shelly became a full-time Who Is an Eligible Student? student for the 2022 spring semester. College V classified Shelly as a second-semester senior (fourth year) for the To claim the American opportunity credit, the student for 2022 spring semester and as a first-semester graduate whom you pay qualified education expenses must be an student (fifth year) for the 2022 fall semester. Because eligible student. This is a student who meets all of the fol- College V didn't classify Shelly as having completed the lowing requirements. first 4 years of postsecondary education as of the begin- • The student didn't have expenses that were used to ning of 2022, Shelly is an eligible student for tax year figure an American opportunity credit in any 4 earlier 2022. Therefore, the qualified education expenses paid tax years. for the 2022 spring semester and the 2022 fall semester are taken into account in figuring the American opportu- • The student hadn't completed the first 4 years of post- nity credit for 2022. secondary education (generally, the freshman, sopho- more, junior, and senior years of college) before 2022. Example 3. During the 2021 fall semester, Larry was a high school student who took classes on a half-time basis • For at least one academic period beginning in 2022 at College X. Larry wasn't enrolled as part of a degree pro- (or the first 3 months of 2023 if the qualified expenses gram at College X because College X only admits stu- were paid in 2022), the student was enrolled at least dents to a degree program if they have a high school di- half-time in a program leading to a degree, certificate, ploma or equivalent. Because Larry wasn't enrolled in a or other recognized educational credential. degree program at College X during 2021, Larry wasn't an • The student hasn't been convicted of any federal or eligible student for tax year 2021. state felony for possessing or distributing a controlled substance as of the end of 2022. Example 4. The facts are the same as in Example 3. During the 2022 spring semester, Larry again attended These requirements are also shown in Figure 2-2. College X but not as part of a degree program. Larry grad- Completion of first 4 years. A student has completed uated from high school in June 2022. For the 2022 fall se- the first 4 years of postsecondary education if the institu- mester, Larry enrolled as a full-time student in College X tion at which the student is enrolled awards the student 4 as part of a degree program, and College X awarded years of academic credit at that institution for coursework Larry credit for the prior coursework at College X. Be- completed by the student before 2022. This student gen- cause Larry was enrolled in a degree program at College erally wouldn't be an eligible student for purposes of the X for the 2022 fall term on at least a half-time basis, Larry American opportunity credit. is an eligible student for all of tax year 2022. Therefore, the qualified education expenses paid for classes taken at Exception. Any academic credit awarded solely on College X during both the 2022 spring semester (during the basis of the student's performance on proficiency ex- which Larry wasn't enrolled in a degree program) and the aminations is disregarded in determining whether the stu- 2022 fall semester are taken into account in figuring any dent has completed 4 years of postsecondary education. American opportunity credit. Enrolled at least half-time. A student was enrolled at Example 5. Dee graduated from high school in June least half-time if the student was taking at least half the 2021. In January 2022, Dee enrolled in a 1-year postse- normal full-time workload for his or her course of study. condary certificate program on a full-time basis to obtain a certificate as a travel agent. Dee completed the program Page 18 Chapter 2 American Opportunity Credit |
Page 19 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Figure 2-2. Who Is an Eligible Student for the American Opportunity Credit? This chart is provided to help you quickly decide whether a student is eligible for the American opportunity credit. See the text for more details. Did the student complete the rst 4 years of Yes postsecondary education before the beginning of the tax year? No Was the American opportunity credit claimed in at Yes least 4 prior tax years for this student? No Was the student enrolled at least half-time in a No program leading to a degree, certicate, or other recognized educational credential for at least one academic period beginning during 2022 (or the rst 3 months of 2023 if the qualied expenses were paid in 2022)? Yes Is the student free of any federal or state felony No The student isn’t conviction for possessing or distributing a controlled an eligible student. substance as of the end of the tax year? Yes The student is an eligible student. in December 2022 and was awarded a certificate. In Jan- uary 2023, Dee enrolled in a 1-year postsecondary certifi- cate program on a full-time basis to obtain a certificate as Who Can Claim a a computer programmer. Dee is an eligible student for Dependent's Expenses? both tax years 2022 and 2023 because the degree re- quirement, the workload requirement, and the year of If there are qualified education expenses for your depend- study requirement for those years have been met. ent during a tax year, either you or your dependent, but not both of you, can claim an American opportunity credit for your dependent's expenses for that year. For you to claim an American opportunity credit for your dependent's expenses, you must also claim your Chapter 2 American Opportunity Credit Page 19 |
Page 20 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. dependent on your tax return. You do this by listing your Tuition reduction. When an eligible educational institu- dependent's name and other required information on tion provides a reduction in tuition to an employee of the Form 1040 or 1040-SR. institution (or spouse or dependent child of an employee), the amount of the reduction may or may not be taxable. If it is taxable, the employee is treated as receiving a pay- IF you... THEN only... ment of that amount and, in turn, paying it to the educa- claim on you can claim the American tional institution on behalf of the student. For more infor- your tax return a opportunity credit based on mation on tuition reductions, see Qualified Tuition dependent who is an that dependent's expenses. Reduction in chapter 1. eligible student The dependent can't claim the credit. don't claim on your tax the dependent can claim the Figuring the Credit return a dependent who is American opportunity credit. an eligible student (even if You can't claim the credit The amount of the American opportunity credit (per eligi- entitled to claim the based on this dependent's ble student) is the sum of: dependent) expenses. 1. 100% of the first $2,000 of qualified education expen- ses you paid for the eligible student, and Expenses paid by dependent. If you claim on your tax 2. 25% of the next $2,000 of qualified education expen- return an eligible student who is your dependent, treat any ses you paid for that student. expenses paid (or deemed paid) by your dependent as if you had paid them. Include these expenses when figuring The maximum amount of American opportunity credit the amount of your American opportunity credit. you can claim in 2022 is $2,500 multiplied by the number of eligible students. You can claim the full $2,500 for each Qualified education expenses paid directly to an eligible student for whom you paid at least $4,000 of ad- TIP eligible educational institution for your dependent justed qualified education expenses. However, the credit under a court-approved divorce decree are trea- may be reduced based on your MAGI. See Effect of the ted as paid by your dependent. Amount of Your Income on the Amount of Your Credit, later. Expenses paid by you. If you claim a dependent who is an eligible student, only you can include any expenses Example. Jack and Kay are married and file a joint tax you paid when figuring the amount of the American oppor- return. For 2022, they claim their dependent child on their tunity credit. If neither you nor anyone else claims the de- tax return. Their MAGI is $70,000. Their child is in the jun- pendent, only the dependent can include any expenses ior (third) year of studies at the local university. Jack and you paid when figuring the American opportunity credit. Kay paid qualified education expenses of $4,300 in 2022. Jack and Kay, their child, and the local university meet Expenses paid by others. Someone other than you, all of the requirements for the American opportunity credit. your spouse, or your dependent (such as a relative or for- Jack and Kay can claim a $2,500 American opportunity mer spouse) may make a payment directly to an eligible credit in 2022. This is 100% of the first $2,000 of qualified educational institution to pay for an eligible student's quali- education expenses, plus 25% of the next $2,000. fied education expenses. In this case, the student is trea- ted as receiving the payment from the other person and, Form 1098-T. To help you figure your American opportu- in turn, paying the institution. If you claim the student as a nity credit, the student may receive Form 1098-T. Gener- dependent on your tax return, you are considered to have ally, an eligible educational institution (such as a college paid the expenses. or university) must send Form 1098-T (or acceptable sub- stitute) to each enrolled student by January 31, 2023. An Example. In 2022, Todd’s grandparent makes a pay- institution will report payments received (box 1) for quali- ment directly to an eligible educational institution for fied education expenses. However, the amount on Form Todd's qualified education expenses. For purposes of 1098-T might be different from what you paid. When figur- claiming an American opportunity credit, Todd is treated ing the credit, use only the amounts you paid or are as receiving the money from the grandparent and, in turn, deemed to have paid in 2022 for qualified education ex- paying the qualified education expenses himself. penses. Unless Todd is claimed as a dependent on someone In addition, Form 1098-T should give other information else's 2022 tax return, only Todd can use the payment to for that institution, such as adjustments made for prior claim an American opportunity credit. years, the amount of scholarships or grants, reimburse- If anyone, such as Todd's parents, claims Todd on their ments or refunds, and whether the student was enrolled at 2022 tax return, whoever claims Todd may be able to use least half-time or was a graduate student. the expenses to claim an American opportunity credit. If The eligible educational institution may ask for a com- anyone else claims Todd, Todd can't claim an American pleted Form W-9S, Request for Student's or Borrower's opportunity credit. Taxpayer Identification Number and Certification, or simi- lar statement to obtain the student's name, address, and TIN. Page 20 Chapter 2 American Opportunity Credit |
Page 21 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. To claim the American opportunity credit, you duced credit using lines 2–7 of Form 8863, Part I. The ! must provide the educational institution's EIN on same method is shown in the following example. CAUTION your Form 8863. You should be able to obtain this information from Form 1098-T or the educational institu- Example. You are filing a joint return and your MAGI is tion. $165,000. In 2022, you paid $5,000 of qualified education expenses. You figure a tentative American opportunity credit of Effect of the Amount of Your Income $2,500 (100% of the first $2,000 of qualified education ex- on the Amount of Your Credit penses, plus 25% of the next $2,000 of qualified educa- tion expenses). The amount of your American opportunity credit is phased Because your MAGI is within the range of incomes out (gradually reduced) if your MAGI is between $80,000 where the credit must be reduced, you must multiply your and $90,000 ($160,000 and $180,000 if you file a joint re- tentative credit ($2,500) by a fraction. The numerator (top turn). You can't claim an American opportunity credit if part) of the fraction is $180,000 (the upper limit for those your MAGI is $90,000 or more ($180,000 or more if you filing a joint return) minus your MAGI. The denominator file a joint return). (bottom part) is $20,000, the range of incomes for the phaseout ($160,000 to $180,000). The result is the Modified adjusted gross income (MAGI). For most amount of your phased out (reduced) American opportu- taxpayers, MAGI is adjusted gross income (AGI) as fig- nity credit ($1,875). ured on their federal income tax return. MAGI when using Form 1040 or 1040-SR. If you file $180,000-$165,000 $2,500 × = $1,875 Form 1040 or 1040-SR, your MAGI is the AGI on line 11 of $20,000 that form, modified by adding back any: 1. Foreign earned income exclusion, 2. Foreign housing exclusion, Refundable Part of Credit 3. Foreign housing deduction, Forty percent of the American opportunity credit is refund- 4. Exclusion of income by bona fide residents of Ameri- able for most taxpayers. However, if you were under age can Samoa, and 24 at the end of 2022 and the conditions listed below ap- ply to you, you can't claim any part of the American op- 5. Exclusion of income by bona fide residents of Puerto portunity credit as a refundable credit on your tax return. Rico. Instead, your allowed credit (figured on Form 8863, Part II) You can use Worksheet 2-1 to figure your MAGI. will be used to reduce your tax as a nonrefundable credit only. Worksheet 2-1. MAGI for the American You don't qualify for a refund if items 1 (a, b, or c), 2, Opportunity Credit and 3 below apply to you. 1. Enter your adjusted gross income 1. You were: (Form 1040 or 1040-SR, line 11) . . . . . . . . . . 1. a. Under age 18 at the end of 2022, or 2. Enter your foreign earned income exclusion and/or housing exclusion b. Age 18 at the end of 2022 and your earned in- (Form 2555, line 45) . . . . . . . . . . . 2. come (defined below) was less than one-half of 3. Enter your foreign housing your support (defined below), or deduction (Form 2555, line 50) . . . . 3. c. Over age 18 and under age 24 at the end of 2022 4. Enter the amount of income from and a full-time student (defined below) and your Puerto Rico you are excluding. . . . 4. earned income (defined below) was less than 5. Enter the amount of income from one-half of your support (defined below). American Samoa you are excluding (Form 4563, line 15) . . . . . . . . . . . 5. 2. At least one of your parents was alive at the end of 2022. 6. Add the amounts on lines 2, 3, 4, and 5. . . . . . . . . . . . . . . . . . . . 6. 3. You are filing a return as single, head of household, 7. Add the amounts on lines 1 and 6. qualifying surviving spouse, or married filing sepa- This is your modified adjusted gross rately for 2022. income. Enter here and on Form 8863, line 3 . . . . . . . . . . . . . . . . . . 7. Earned income. Earned income includes wages, salar- ies, professional fees, and other payments received for Phaseout. If your MAGI is within the range of incomes personal services actually performed. Earned income in- where the credit must be reduced, you will figure your re- cludes the part of any scholarship or fellowship grant that represents payment for teaching, research, or other serv- ices performed by the student that are required as a Chapter 2 American Opportunity Credit Page 21 |
Page 22 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. condition for receiving the scholarship or fellowship grant. $90,000 or more ($180,000 or more if you file a joint re- Earned income doesn't include that part of the compensa- turn). For more information, see Figuring the Credit. tion for personal services rendered to a corporation which Form 1098-T requirement. To be eligible to claim the represents a distribution of earnings or profits rather than lifetime learning credit, the law requires a taxpayer (or a a reasonable allowance as compensation for the personal dependent) to have received Form 1098-T, Tuition State- services actually rendered. ment, from an eligible educational institution, whether do- If you are a sole proprietor or a partner in a trade or mestic or foreign. business in which both personal services and capital are material income-producing factors, earned income also However, you may claim the credit if the student includes a reasonable allowance for compensation for doesn't receive a Form 1098-T because the student's ed- personal services, but not more than 30% of your share of ucational institution isn't required to furnish a Form 1098-T the net profits from that trade or business (after subtract- to the student under existing rules (for example, if the stu- ing the deduction for one-half of self-employment tax). dent is a qualified nonresident alien, has qualified educa- However, if capital isn't an income-producing factor and tion expenses paid entirely with scholarships, has quali- your personal services produced the business income, fied education expenses paid under a formal billing the 30% limit doesn't apply. arrangement, or is enrolled in courses for which no aca- demic credit is awarded). If a student's educational institu- Support. Your support includes food, shelter, clothing, tion isn't required to provide a Form 1098-T to the student, medical and dental care, education, and the like. Gener- you may claim the credit without a Form 1098-T if you oth- ally, the amount of the item of support will be the amount erwise qualify, can demonstrate that you (or a dependent) of expenses incurred by the one furnishing such item. If were enrolled at an eligible educational institution, and the item of support is in the form of property or lodging, can substantiate the payment of qualified tuition and rela- measure the amount of such item of support by its fair ted expenses. market value. However, a scholarship received by you You may also claim the credit if the student attended an isn't considered support if you are a full-time student. See eligible educational institution required to furnish Form Pub. 501 for details. 1098-T but the student doesn't receive Form 1098-T be- fore you file your tax return (for example, if the institution is Full-time student. You are a full-time student for 2022 if otherwise required to furnish the Form 1098-T and doesn't during any part of any 5 calendar months during the year furnish it or refuses to do so) and you take the following you were enrolled as a full-time student at an eligible edu- required steps: After January 31, 2023, but before you file cational institution (defined earlier), or took a full-time, your 2022 tax return, you or the student must request that on-farm training course given by such an institution or by a the educational institution furnish a Form 1098-T. You state, county, or local government agency. must fully cooperate with the educational institution's ef- forts to gather the information needed to furnish the Form 1098-T. You must also otherwise qualify for the benefit, be Claiming the Credit able to demonstrate that you (or a dependent) were enrol- led at an eligible educational institution, and substantiate You claim the American opportunity credit by completing the payment of qualified tuition and related expenses. Form 8863 and submitting it with your Form 1040 or 1040-SR. Enter the nonrefundable part of the credit on Schedule 3 (Form 1040), line 3. Enter the refundable part Introduction of the credit on Form 1040 or 1040-SR, line 29. For 2022, there are two tax credits available to help you offset the costs of higher education by reducing the amount of your income tax. They are the American oppor- tunity credit and the lifetime learning credit. This chapter discusses the lifetime learning credit. The American op- 3. portunity credit is discussed in chapter 2. This chapter explains: • Who can claim the lifetime learning credit, Lifetime Learning Credit What expenses qualify for the credit, • • Who is an eligible student, Reminders • Who can claim a dependent's expenses, • How to figure the credit, Modified adjusted gross income (MAGI) limits. For 2022, the amount of your lifetime learning credit is gradu- • How to claim the credit, and ally reduced (phased out) if your MAGI is between • When the credit must be repaid. $80,000 and $90,000 ($160,000 and $180,000 if you file a joint return). You can't claim the credit if your MAGI is What is the tax benefit of the lifetime learning credit? For the tax year, you may be able to claim a lifetime Page 22 Chapter 3 Lifetime Learning Credit |
Page 23 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. learning credit of up to $2,000 for qualified education ex- Who Can Claim the Credit? penses paid for all eligible students. There is no limit on the number of years the lifetime learning credit can be Generally, you can claim the lifetime learning credit if all claimed for each student. three of the following requirements are met. A tax credit reduces the amount of income tax you may have to pay. Unlike a deduction, which reduces the • You pay qualified education expenses of higher edu- cation. amount of income subject to tax, a credit directly reduces the tax itself. The lifetime learning credit is a nonrefunda- • You pay the education expenses for an eligible stu- ble credit. This means that it can reduce your tax to zero, dent. but if the credit is more than your tax, the excess won't be The eligible student is either yourself, your spouse, or • refunded to you. a dependent you claim on your tax return. Your allowable lifetime learning credit may be limited by the amount of your income and the amount of your tax. Can you claim more than one education credit this Table 3-1. Overview of the Lifetime year? For each student, you can elect for any year only Learning Credit for 2022 one of the credits. For example, if you elect to claim the Maximum credit Up to $2,000 credit per return lifetime learning credit for a child on your 2022 tax return, you can't, for that same child, also claim the American op- Limit on modified adjusted $180,000 if married filling jointly; portunity credit for 2022. gross income (MAGI) $90,000 if single, head of household, or qualifying surviving spouse If you are eligible to claim the lifetime learning credit and you are also eligible to claim the American opportu- Refundable or Nonrefundable—credit limited to the nity credit for the same student in the same year, you can nonrefundable amount of tax you must pay on your taxable income choose to claim either credit, but not both. Number of years of Available for all years of If you claim the American opportunity credit for postsecondary education postsecondary education and for TIP any student, you can choose between using that courses to acquire or improve job student's adjusted qualified education expenses skills for the American opportunity credit or the lifetime learning Number of tax years credit Available for an unlimited number of credit. If you have the choice, the American opportunity available tax years credit will always be greater than the lifetime learning Type of program required Student doesn't need to be pursuing a credit. program leading to a degree or other If you pay qualified education expenses for more than recognized education credential one student in the same year, you can choose to claim Number of courses Available for one or more courses certain credits on a per-student, per-year basis. This Felony drug conviction Felony drug convictions don't make means that, for example, you can claim the American op- the student ineligible portunity credit for one student and the lifetime learning Qualified expenses Tuition and fees required for credit for another student in the same year. enrollment or attendance (including amounts required to be paid to the Differences between the American opportunity and institution for course-related books, lifetime learning credits. There are several differences supplies, and equipment) between these two credits. For example, you can claim Payments for academic Payments made in 2022 for academic the American opportunity credit for the same student for periods periods beginning in 2022 or no more than 4 tax years. However, there is no limit on the beginning in the first 3 months of 2023 number of years for which you can claim a lifetime learn- ing credit based on the same student's expenses. The dif- Note. Qualified education expenses paid by a depend- ferences between these credits are shown in the Appen- ent you claim on your tax return, or by a third party for that dix near the end of this publication. dependent, are considered paid by you. Overview of the lifetime learning credit for 2022. See “Qualified education expenses” are defined later under Table 3-1 for the basics of the credit. The details are dis- Qualified Education Expenses. “Eligible students” are de- cussed in this chapter. fined later under Who Is an Eligible Student. A dependent you claim on your tax return is defined later under Who Can Claim a Dependent's Expenses. Can You Claim the Credit? You may find Figure 3-1 helpful in determining if you can claim a lifetime learning credit on your tax return. The following rules will help you determine if you are eligi- ble to claim the lifetime learning credit on your tax return. Chapter 3 Lifetime Learning Credit Page 23 |
Page 24 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Who Can't Claim the Credit? required for enrollment in a course at an eligible educa- tional institution. The course must be either part of a post- You can't claim the lifetime learning credit for 2022 if any secondary degree program or taken by the student to ac- of the following apply. quire or improve job skills. • Your filing status is married filing separately. Eligible educational institution. An eligible educational • You are listed as a dependent on another person's tax institution is any college, university, vocational school, or return (such as your parents'). See Who Can Claim a other postsecondary educational institution eligible to par- Dependent's Expenses, later. ticipate in a student aid program administered by the U.S. Department of Education. It includes virtually all accredi- • Your modified adjusted gross income (MAGI) is ted public, nonprofit, and proprietary (privately owned $90,000 or more ($180,000 or more if filing married fil- profit-making) postsecondary institutions. ing jointly). MAGI is explained later under Effect of the Amount of Your Income on the Amount of Your Credit. The educational institution should be able to tell TIP you if it is an eligible educational institution. • You (or your spouse) were a nonresident alien for any part of 2022 and the nonresident alien didn't elect to Certain educational institutions located outside the Uni- be treated as a resident alien for tax purposes. More ted States also participate in the U.S. Department of Edu- information on nonresident aliens can be found in cation's Federal Student Aid (FSA) programs. Pub. 519. • You claim the American opportunity credit (see chap- Related expenses. Student activity fees and expenses ter 2) for the same student in 2022. for course-related books, supplies, and equipment are in- cluded in qualified education expenses only if the fees and expenses must be paid to the institution for enroll- ment or attendance. What Expenses Qualify? Prepaid expenses. Qualified education expenses paid The lifetime learning credit is based on qualified education in 2022 for an academic period that begins in the first 3 expenses you pay for yourself, your spouse, or a depend- months of 2023 can be used in figuring an education ent you claim on your tax return. Generally, the credit is al- credit for 2022 only. See Academic period, earlier. For ex- lowed for qualified education expenses paid in 2022 for an ample, if you pay $2,000 in December 2022 for qualified academic period beginning in 2022 or in the first 3 months tuition for the 2023 winter quarter that begins in January of 2023. 2023, you can use that $2,000 in figuring an education For example, if you paid $1,500 in December 2022 for credit for 2022 only (if you meet all the other require- qualified tuition for the spring 2023 semester beginning in ments). January 2023, you may be able to use that $1,500 in figur- You can't use any amount you paid in 2021 or ing your 2022 credit. ! 2023 to figure the qualified education expenses CAUTION you use to figure your 2022 education credit(s). Academic period. An academic period includes a se- mester, trimester, quarter, or other period of study (such In the following examples, assume that each student is as a summer school session) as reasonably determined an eligible student at an eligible educational institution. by an educational institution. If an educational institution uses credit hours or clock hours and doesn't have aca- Example 1. Jackson is a sophomore in University V's demic terms, each payment period can be treated as an degree program in dentistry. This year, in addition to tui- academic period. tion, Jackson is required to pay a fee to the university for the rental of the dental equipment that will be used in this Paid with borrowed funds. You can claim a lifetime program. Because the equipment rental fee must be paid learning credit for qualified education expenses paid with to University V for enrollment and attendance, the equip- the proceeds of a loan. You use the expenses to figure the ment rental fee is a qualified expense. lifetime learning credit for the year in which the expenses are paid, not the year in which the loan is repaid. Treat Example 2. Donna and Charles, both first-year stu- loan disbursements sent directly to the educational institu- dents at College W, are required to have certain books tion as paid on the date the institution credits the student's and other reading materials to use in their mandatory account. first-year classes. The college has no policy about how students should obtain these materials, but any student Student withdraws from class(es). You can claim a who purchases them from College W's bookstore will re- lifetime learning credit for qualified education expenses ceive a bill directly from the college. Charles bought the not refunded when a student withdraws. books from a friend, so what was paid for them isn't a qualified education expense. Donna bought the books at College W's bookstore. Although Donna paid College W Qualified Education Expenses directly for the first-year books and materials, the payment For purposes of the lifetime learning credit, qualified edu- isn't a qualified expense because the books and materials cation expenses are tuition and certain related expenses Page 24 Chapter 3 Lifetime Learning Credit |
Page 25 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. aren't required to be purchased from College W for enroll- Refunds received after 2022 but before your income tax ment or attendance at the institution. return is filed, later. If this tax-free educational assistance is received after 2022 and after you file your 2022 income Example 3. When Marci enrolled at College X for tax return, see Refunds received after 2022 and after your freshman year, a separate student activity fee in addition income tax return is filed, later. to tuition had to be paid. This activity fee is required of all Tax-free educational assistance includes: students, and is used solely to fund on-campus organiza- tions and activities run by students, such as the student • The tax-free part of scholarships and fellowship grants newspaper and student government. No portion of the fee (see Tax-Free Scholarships and Fellowship Grants in covers personal expenses. Although labeled as a student chapter 1); activity fee, the fee is required for Marci's enrollment and • The tax-free part of Pell grants (see Pell Grants and attendance at College X. Therefore, it is a qualified ex- Other Title IV Need-Based Education Grants in chap- pense. ter 1); • Employer-provided educational assistance (see chap- No Double Benefit Allowed ter 10); You can't do any of the following. • Veterans' educational assistance (see Veterans' Ben- efits in chapter 1); and • Deduct higher education expenses on your income tax return (as, for example, a business expense) and • Any other nontaxable (tax-free) payments (other than also claim a lifetime learning credit based on those gifts or inheritances) received as educational assis- same expenses. tance. • Claim a lifetime learning credit for any student and use Generally, any scholarship or fellowship grant is treated any of that student's expenses in figuring your Ameri- as tax free. However, a scholarship or fellowship grant can opportunity credit. isn't treated as tax free to the extent the student includes it • Claim a lifetime learning credit based on the same ex- in gross income (the student may or may not be required penses used to figure the tax-free portion of a distribu- to file a tax return for the year the scholarship or fellowship tion from a Coverdell education savings account grant is received) and either of the following is true. (ESA) or qualified tuition program (QTP). See Coordi- • The scholarship or fellowship grant (or any part of it) nation With American Opportunity and Lifetime Learn- must be applied (by its terms) to expenses (such as ing Credits in chapter 6 and Coordination With Ameri- room and board) other than qualified education ex- can Opportunity and Lifetime Learning Credits in penses as defined in Qualified education expenses in chapter 7. chapter 1. • Claim a credit based on qualified education expenses • The scholarship or fellowship grant (or any part of it) paid with tax-free educational assistance, such as a may be applied (by its terms) to expenses (such as scholarship, grant, or assistance provided by an em- room and board) other than qualified education ex- ployer. See Adjustments to Qualified Education Ex- penses as defined in Qualified education expenses in penses next. chapter 1. A student can't choose to include in income a Adjustments to Qualified Education ! scholarship or fellowship grant provided by an In- Expenses CAUTION dian tribal government that is excluded from in- come under the Tribal General Welfare Exclusion Act of For each student, reduce the qualified education expen- 2014 or benefits provided by an educational program de- ses paid by or on behalf of that student under the follow- scribed in Revenue Procedure 2014-35, section 5.02(2) ing rules. The result is the amount of adjusted qualified (b)(ii), available at IRS.gov/irb/2014-26_IRB#RP-2014-35. education expenses for each student. You may be able to increase the combined value Tax-free educational assistance. For tax-free educa- TIP of an education credit if the student includes tional assistance received in 2022, reduce the qualified some or all of a scholarship or fellowship grant in educational expenses for each academic period by the income in the year it is received. For examples, see Coor- amount of tax-free educational assistance allocable to that dination with Pell grants and other scholarships, later. academic period. See Academic period, earlier. Some tax-free educational assistance received after Refunds. A refund of qualified education expenses may 2022 may be treated as a refund of qualified education ex- reduce adjusted qualified education expenses for the tax penses paid in 2022. This tax-free educational assistance year or require repayment (recapture) of a credit claimed is any tax-free educational assistance received by you or in an earlier year. Some tax-free educational assistance anyone else after 2022 for qualified education expenses received after 2022 may be treated as a refund. See paid on behalf of a student in 2022 (or attributable to en- Tax-free educational assistance, earlier. rollment at an eligible educational institution during 2022). If this tax-free educational assistance is received after Refunds received in 2022. For each student, figure 2022 but before you file your 2022 income tax return, see the adjusted qualified education expenses for 2022 by Chapter 3 Lifetime Learning Credit Page 25 |
Page 26 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Figure 3-1. Can You Claim the Lifetime Learning Credit for 2022? No Did you pay qualied education expenses in 2022 for an eligible student?* Yes Did the academic period for which you paid qualied education No expenses begin in 2022 or the rst 3 months of 2023? Yes Is the eligible student you, your spouse (if married ling jointly), or your No dependent you claim on your tax return? Yes Yes Are you listed as a dependent on another person’s tax return? No Yes Is your ling status married ling separately? No For any part of 2022, were you (or your spouse) a nonresident alien who Yes didn’t elect to be treated as a resident alien for tax purposes? No Is your modied adjusted gross income (MAGI) less than $90,000 No ($180,000 if married ling jointly)? Yes Do you have a tax liability (Form 1040 or 1040-SR, line 18, minus No Schedule 3 (Form 1040), lines 1, 2, 6d, and 6l)? Yes Yes Are you claiming an American opportunity credit for the same student? No Yes Did you use the same expenses to claim a deduction or credit? No Yes Were the same expenses paid with a tax-free scholarship, grant, or employer-provided educational assistance? No You can’t Yes Did you, or someone else, receive a refund of all the expenses? claim the lifetime learning credit for No 2022. You can claim the lifetime learning credit for 2022.** *Qualified education expenses paid by a dependent you claim on your tax return, or by a third party for that dependent, are considered paid by you. **Your education credits may be limited to your tax liability minus certain credits. See Form 8863 for more details. Page 26 Chapter 3 Lifetime Learning Credit |
Page 27 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. adding all the qualified education expenses for 2022 and • A withdrawal from the student's personal savings. subtracting any refunds of those expenses received from Don't reduce the qualified education expenses by any the eligible educational institution during 2022. scholarship or fellowship grant reported as income on the Refunds received after 2022 but before your in- student's tax return in the following situations. come tax return is filed. If anyone receives a refund af- • The use of the money is restricted, by the terms of the ter 2022 of qualified education expenses paid on behalf of scholarship or fellowship grant, to costs of attendance a student in 2022 and the refund is paid before you file an (such as room and board) other than qualified educa- income tax return for 2022, the amount of qualified educa- tion expenses, as defined in Qualified education ex- tion expenses for 2022 is reduced by the amount of the penses in chapter 1. refund. • The use of the money isn't restricted. Refunds received after 2022 and after your income For examples, see Adjustments to Qualified Education tax return is filed. If anyone receives a refund after 2022 Expenses in chapter 2. of qualified education expenses paid on behalf of a stu- dent in 2022 and the refund is paid after you file an in- Coordination with Pell grants and other scholar- come tax return for 2022, you may need to repay some or ships. You may be able to increase your lifetime learning all of the credit. See Credit recapture next. credit when the student (you, your spouse, or your de- pendent) includes certain scholarships or fellowship Credit recapture. If any tax-free educational assistance grants in the student’s gross income. Your credit may in- for the qualified education expenses paid in 2022 or any crease only if the amount of the student's qualified educa- refund of your qualified education expenses paid in 2022 tion expenses minus the total amount of scholarships and is received after you file your 2022 income tax return, you fellowship grants is less than $10,000. If this situation ap- must recapture (repay) any excess credit. You do this by plies, consider including some or all of the scholarship or refiguring the amount of your adjusted qualified education fellowship grant in the student's income in order to treat expenses for 2022 by reducing the expenses by the the included amount as paying nonqualified expenses in- amount of the refund or tax-free educational assistance. stead of qualified education expenses. Nonqualified ex- You then refigure your education credit(s) for 2022 and penses are expenses such as room and board that aren't figure the amount by which your 2022 tax liability would qualified education expenses such as tuition and related have increased if you had claimed the refigured credit(s). fees. Include that amount as an additional tax for the year the Scholarships and fellowship grants that the student in- refund or tax-free assistance was received. cludes in income don't reduce the student's qualified edu- Example. You pay $9,300 in tuition and fees in De- cation expenses available to figure your lifetime learning cember 2022, and your child began college in January credit. Thus, including enough of the scholarship or fellow- 2023. You filed your 2022 tax return on February 14, ship grant in the student's income to report up to $10,000 2023, and claimed a lifetime learning credit of $1,860. You in qualified education expenses for your lifetime learning claimed no other tax credits. After you filed your return, credit may increase the credit by enough to increase your your child withdrew from two courses and you received a tax refund or reduce the amount of tax you owe even con- refund of $2,900. You must refigure your 2022 lifetime sidering any increased tax liability from the additional in- learning credit using $6,400 of qualified education expen- come. However, the increase in tax liability as well as the ses instead of $9,300. The refigured credit is $1,280 and loss of other tax credits may be greater than the additional your tax liability increased by $580. See the instructions lifetime learning credit and may cause your tax refund to for your 2023 income tax return to determine where to in- decrease or the amount of tax you owe to increase. Your clude this tax. specific circumstances will determine what amount, if any, of the scholarship or fellowship grant to include in income If you pay qualified education expenses in both to maximize your tax refund or minimize the amount of tax TIP 2022 and 2023 for an academic period that be- you owe. gins in the first 3 months of 2023 and you receive The scholarship or fellowship grant must be one that tax-free educational assistance, or a refund, as described may qualify as a tax-free scholarship under the rules dis- above, you may choose to reduce your qualified educa- cussed in chapter 1. Also, the scholarship or fellowship tion expenses for 2023 instead of reducing your expenses grant must be one that may (by its terms) be used for non- for 2022. qualified expenses. Finally, the amount of the scholarship or fellowship grant that is applied to nonqualified expen- Amounts that don't reduce qualified education ex- ses can't exceed the amount of the student's actual non- penses. Don't reduce qualified education expenses by qualified expenses that are paid in the tax year. This amounts paid with funds the student receives as: amount may differ from the student's living expenses esti- • Payment for services, such as wages; mated by the student's school in figuring the official cost of attendance under student aid rules. • A loan; The fact that the educational institution applies the • A gift; scholarship or fellowship grant to qualified education ex- • An inheritance; or penses, such as tuition and related fees, doesn't prevent the student from choosing to apply certain scholarships or Chapter 3 Lifetime Learning Credit Page 27 |
Page 28 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. fellowship grants to the student's actual nonqualified ex- deemed to have applied the entire scholarship to pay for penses. By making this choice (that is, by including the room and board. Judy could claim the $900 lifetime learn- part of the scholarship or fellowship grant applied to the ing credit and the tax liability after credits would be $860. student's nonqualified expenses in income), the student may increase taxable income and may be required to file Note. Whether you will benefit from applying a schol- a tax return. But this allows payments made in cash, by arship or fellowship grant to nonqualified expenses will check, by credit or debit card, or with borrowed funds depend on the amount of the student's qualified education such as a student loan to be applied to qualified education expenses, the amount of the scholarship or fellowship expenses. grant, and whether the scholarship or fellowship grant may (by its terms) be used for nonqualified expenses. Any Example 1—No scholarship. Judy, who is unmar- benefit will also depend on the student's federal and state ried, is taking courses at a public community college to be marginal tax rates as well as any federal and state tax recertified to teach in public schools. The adjusted gross credits the student claims. Before deciding, look at the to- income (AGI) and the MAGI, for purposes of the credit, tal amount of your federal and state tax refunds or taxes are $27,800. Judy claims the standard deduction of owed and, if the student is your dependent, the student's $12,950, resulting in taxable income of $14,850 and a tax tax refunds or taxes owed. For example, if you are the stu- liability before credits of $1,580. Judy claims no credits dent and you also claim the earned income credit, choos- other than the lifetime learning credit. In July 2022, Judy ing to apply a scholarship or fellowship grant to nonquali- paid $700 for the summer 2022 semester; in August 2022, fied expenses by including the amount in your income Judy paid $1,900 for the fall 2022 semester; and in De- may not benefit you if the decrease to your earned income cember 2022, Judy paid another $1,900 for the spring se- credit as a result of including the scholarship or fellowship mester beginning in January 2023. Judy and the college grant in income is more than the increase to your lifetime meet all requirements for the lifetime learning credit. All of learning credit as a result of including this amount in in- the $4,500 tuition paid in 2022 can be used when figuring come. the 2022 lifetime learning credit. Judy claims a $900 life- time learning credit and the tax liability after credits is Expenses That Don't Qualify $680. Qualified education expenses don't include amounts paid Example 2—Scholarship excluded from income. for: The facts are the same as in Example 1—No scholarship, except that Judy was awarded a $1,500 scholarship. Un- • Insurance; der the terms of the scholarship, it may be used to pay • Medical expenses (including student health fees); any educational expenses, including room and board. If the scholarship is excluded from income, Judy will be • Room and board; deemed (for purposes of figuring the education credit) to • Transportation; or have applied the scholarship to pay for tuition, required fees, and course materials. Only $3,000 of the $4,500 tui- • Similar personal, living, or family expenses. tion paid in 2022 could be used when figuring the 2022 This is true even if the amount must be paid to the institu- lifetime learning credit. The lifetime learning credit would tion as a condition of enrollment or attendance. be reduced to $600 and the tax liability after credits would be $980. Sports, games, hobbies, and noncredit courses. Qualified education expenses generally don't include ex- Example 3—Scholarship included in income. The penses that relate to any course of instruction or other ed- facts are the same as in Example 2—Scholarship exclu- ucation that involves sports, games, or hobbies, or any ded from income. If, unlike Example 2, Judy includes the noncredit course. However, if the course of instruction or $1,500 scholarship in income, Judy will be deemed to other education is part of the student's degree program or have applied the entire scholarship to pay for room and is taken by the student to acquire or improve job skills, board. Judy's AGI and MAGI would increase to $29,300, these expenses can qualify. the taxable income would be $16,350, and the tax liability before credits would be $1,760. Judy would be able to Comprehensive or bundled fees. Some eligible educa- use the $4,500 of adjusted qualified education expenses tional institutions combine all of their fees for an academic to figure the credit. Judy could claim a $900 lifetime learn- period into one amount. If you don't receive or don't have ing credit and the tax liability after credits would be $860. access to an allocation showing how much you paid for qualified education expenses and how much you paid for Example 4—Scholarship applied by the postse- personal expenses, such as those listed above, contact condary school to tuition. The facts are the same as in the institution. The institution is generally required to make Example 3—Scholarship included in income, except the this allocation and provide you with the amount you paid $1,500 scholarship is paid directly to the public commun- for qualified education expenses on Form 1098-T. See ity college. The fact that the public community college ap- Figuring the Credit, later, for more information about Form plies the scholarship to Judy's tuition and related fees 1098-T. doesn't prevent Judy from including the $1,500 scholar- ship in income. As in Example 3, by doing so, Judy will be Page 28 Chapter 3 Lifetime Learning Credit |
Page 29 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. ted as receiving the payment from the other person and, in turn, paying the institution. If you claim the student as a Who Is an Eligible Student? dependent on your tax return, you are considered to have paid the expenses. For purposes of the lifetime learning credit, an eligible stu- dent is a student who is enrolled in one or more courses at Example. In 2022, Todd’s grandparent makes a pay- an eligible educational institution (as defined under Quali- ment directly to an eligible educational institution for fied Education Expenses, earlier). Todd‘s qualified education expenses. For purposes of claiming a lifetime learning credit, Todd is treated as re- ceiving the money from the grandparent and, in turn, pay- Who Can Claim a ing the qualified education expenses. Unless Todd is claimed as a dependent on someone Dependent's Expenses? else's 2022 tax return, only Todd can use the payment to claim a lifetime learning credit. If there are qualified education expenses for your depend- If anyone, such as Todd's parents, claims Todd on their ent during a tax year, either you or your dependent, but 2022 tax return, whoever claims Todd may be able to use not both of you, can claim a lifetime learning credit for your the expenses to claim a lifetime learning credit. If anyone dependent's expenses for that year. else claims Todd, Todd can't claim a lifetime learning credit. For you to claim a lifetime learning credit for your de- pendent's expenses, you must also claim your dependent Tuition reduction. When an eligible educational institu- on your tax return. You do this by listing your dependent's tion provides a reduction in tuition to an employee of the name and other required information on Form 1040 or institution (or spouse or dependent child of an employee), 1040-SR. the amount of the reduction may or may not be taxable. If it is taxable, the employee is treated as receiving a pay- ment of that amount and, in turn, paying it to the educa- IF you... THEN only... tional institution on behalf of the student. For more infor- mation on tuition reductions, see Qualified Tuition claim on your tax return a you can claim the lifetime Reduction in chapter 1. dependent who is an learning credit based on eligible student that dependent's expenses. The dependent can't claim the credit. Figuring the Credit don't claim on your tax the dependent can claim the The amount of the lifetime learning credit is 20% of the return a dependent who is lifetime learning credit. You first $10,000 of qualified education expenses you paid for an eligible student (even if can't claim the credit based all eligible students. The maximum amount of lifetime entitled to claim the on this dependent's learning credit you can claim for 2022 is $2,000 (20% × dependent) expenses. $10,000). However, that amount may be reduced based on your MAGI. See Effect of the Amount of Your Income Expenses paid by dependent. If you claim on your tax on the Amount of Your Credit, later. return an eligible student who is your dependent, treat any expenses paid (or deemed paid) by your dependent as if Example. Bruce and Toni are married and file a joint you had paid them. Include these expenses when figuring tax return. For 2022, their MAGI is $75,000. Toni is attend- the amount of your lifetime learning credit. ing a local college (an eligible educational institution) to earn credits toward a degree in nursing. Toni already has Qualified education expenses paid directly to an a bachelor's degree in history and wants to become a TIP eligible educational institution for your dependent nurse. In August 2022, Toni paid $5,000 of qualified edu- under a court-approved divorce decree are trea- cation expenses for the fall 2022 semester. Bruce and ted as paid by your dependent. Toni can claim a $1,000 (20% × $5,000) lifetime learning credit on their 2022 joint tax return. Expenses paid by you. If you claim a dependent who is an eligible student, only you can include any expenses Form 1098-T. To help you figure your lifetime learning you paid when figuring the amount of the lifetime learning credit, the student may receive Form 1098-T. Generally, credit. If neither you nor anyone else claims the depend- an eligible educational institution (such as a college or uni- ent, only the dependent can include any expenses you versity) must send Form 1098-T (or acceptable substitute) paid when figuring the lifetime learning credit. to each enrolled student by January 31, 2023. An institu- tion will report payments received (box 1) for qualified ed- Expenses paid by others. Someone other than you, ucation expenses. However, the amount on Form 1098-T your spouse, or your dependent (such as a relative or for- might be different from what you paid. When figuring the mer spouse) may make a payment directly to an eligible credit, use only the amounts you paid or are deemed to educational institution to pay for an eligible student's quali- have paid in 2022 for qualified education expenses. fied education expenses. In this case, the student is trea- Chapter 3 Lifetime Learning Credit Page 29 |
Page 30 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. In addition, Form 1098-T should give other information Worksheet 3-1. MAGI for the Lifetime for that institution, such as adjustments made for prior Learning Credit years, the amount of scholarships or grants, reimburse- ments or refunds, and whether the student was enrolled at 1. Enter your adjusted gross income least half-time or was a graduate student. (Form 1040 or 1040-SR, line 11) . . . . . . 1. The eligible educational institution may ask for a com- 2. Enter your foreign earned pleted Form W-9S or similar statement to obtain the stu- income exclusion and/or dent's name, address, and taxpayer identification number. housing exclusion (Form 2555, line 45) . . . . . . . . . . 2. Effect of the Amount of Your Income 3. Enter your foreign housing on the Amount of Your Credit deduction (Form 2555, line 50) . . . . . . . . . . . . . . . 3. The amount of your lifetime learning credit is phased out 4. Enter the amount of (gradually reduced) if your MAGI is between $80,000 and income from Puerto Rico $90,000 ($160,000 and $180,000 if you file a joint return). you’re excluding . . . . . . . . 4. You can't claim a lifetime learning credit if your MAGI is $90,000 or more ($180,000 or more if you file a joint re- 5. Enter the amount of turn). income from American Samoa you’re excluding Modified adjusted gross income (MAGI). For most (Form 4563, taxpayers, MAGI is adjusted gross income (AGI) as fig- line 15) . . . . . . . . . . . . . . . 5. ured on their federal income tax return. 6. Add the amounts on MAGI when using Form 1040 or 1040-SR. If you file lines 2, 3, 4, and 5 . . . . . . . . . . . . . . . . . . 6. Form 1040 or 1040-SR, your MAGI is the AGI on line 11 of 7. Add the amounts on lines 1 and 6. that form, modified by adding back any: This is your modified adjusted gross income. Enter this amount 1. Foreign earned income exclusion, on Form 8863, line 14 . . . . . . . . . . . . . . . 7. 2. Foreign housing exclusion, Phaseout. If your MAGI is within the range of incomes 3. Foreign housing deduction, where the credit must be reduced, you will figure your re- 4. Exclusion of income by bona fide residents of Ameri- duced credit using lines 10–18 of Form 8863. The same can Samoa, and method is shown in the following example. 5. Exclusion of income by bona fide residents of Puerto Example. You are filing a joint return with a MAGI of Rico. $161,000. In 2022, you paid $6,600 of qualified education You can use Worksheet 3-1 to figure your MAGI. expenses. You figure the tentative lifetime learning credit (20% of the first $10,000 of qualified education expenses you paid for all eligible students). The result is a $1,320 (20% x $6,600) tentative credit. Because your MAGI is within the range of incomes where the credit must be reduced, you must multiply your tentative credit ($1,320) by a fraction. The numerator (top part) of the fraction is $180,000 (the upper limit for those filing a joint return) minus your MAGI. The denominator (bottom part) is $20,000, the range of incomes for the phaseout ($160,000 to $180,000). The result is the amount of your phased-out (reduced) lifetime learning credit ($1,254). $180,000 - $161,000 $1,320 × = $1,254 $20,000 Page 30 Chapter 3 Lifetime Learning Credit |
Page 31 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • What expenses you must have paid with the student loan, Claiming the Credit • Who is an eligible student, You claim the lifetime learning credit by completing Form • How to figure the deduction, and 8863 and submitting it with your Form 1040 or 1040-SR. Enter the credit on Schedule 3 (Form 1040), line 3. • How to claim the deduction. Table 4-1. Student Loan Interest Deduction at a Glance 4. This table summarizes the features of the student loan interest deduction. Don't rely on this table alone. Refer to the Student Loan Interest text for more details. Feature Description Deduction Maximum benefit You can reduce your income subject to tax by up to $2,500. What’s New Loan qualifications Your student loan: • Must have been taken out solely to pay qualified education expenses, and Modified adjusted gross income (MAGI) limits. For • Can't be from a related person or made 2022, the amount of your student loan interest deduction under a qualified employer plan. is gradually reduced (phased out) if your MAGI is between $70,000 and $85,000 ($145,000 and $175,000 if you file a Student qualifications The student must be: • You, your spouse, or your dependent (as joint return). You can’t claim the deduction if your MAGI is defined later for this purpose); and $85,000 or more ($175,000 or more if you file a joint re- • Enrolled at least half-time in a program turn). For more information, see Figuring the Deduction. leading to a degree, certificate, or other recognized educational credential at an eligible educational institution. Reminder Limit on MAGI $175,000 if married filing a joint return; $85,000 if single, head of household, or No double benefit allowed You can’t deduct as interest qualifying surviving spouse. on a student loan any interest paid by your employer after March 27, 2020, and before January 1, 2026, under an educational assistance program. See No Double Benefit Allowed. Student Loan Interest Defined Student loan interest is interest you paid during the year on a qualified student loan. It includes both required and Introduction voluntary interest payments. Generally, personal interest you pay, other than certain mortgage interest, isn't deductible on your tax return. Qualified Student Loan However, if your MAGI is less than $85,000 ($175,000 if filing a joint return), you may be allowed a special deduc- This is a loan you took out solely to pay qualified educa- tion for paying interest on a student loan (also known as tion expenses (defined later) that were: an education loan) used for higher education. For most taxpayers, MAGI is the adjusted gross income (AGI) as • For you, your spouse, or a person who was your de- figured on their federal income tax return before subtract- pendent (as defined later for this purpose) when you ing any deduction for student loan interest. This deduction took out the loan; can reduce the amount of your income subject to tax by • Paid or incurred within a reasonable period of time be- up to $2,500. fore or after you took out the loan; and The student loan interest deduction is claimed as an adjustment to income. This means you can claim this de- • For education provided during an academic period for duction even if you don't itemize deductions on Sched- an eligible student. ule A (Form 1040). Loans from the following sources aren't qualified stu- This chapter explains: dent loans. • What type of loan interest you can deduct, • A related person. • Whether you can claim the deduction, • A qualified employer plan. Chapter 4 Student Loan Interest Deduction Page 31 |
Page 32 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Your dependent. Generally, your dependent is someone Related person. You can't deduct interest on a loan you who is either a: get from a related person. Related persons include: • Qualifying child, or • Your spouse; • Qualifying relative. • Your brothers and sisters; You can find more information about dependents in Pub. • Your half brothers and half sisters; 501. • Your ancestors (parents, grandparents, etc.); For this purpose, the term “dependent” also includes • Your lineal descendants (children, grandchildren, any person you could have claimed as a dependent on etc.); and your return except that: • Certain corporations, partnerships, trusts, and exempt • You, or your spouse if filing jointly, could be claimed organizations. as a dependent of another taxpayer (like on your pa- rent’s tax return); Qualified employer plan. You can't deduct interest on a • The person filed a joint return; or loan made under a qualified employer plan or under a contract purchased under such a plan. • The person had gross income for the year that was equal to or more than $4,400 (for 2022). Qualified Education Expenses Reasonable period of time. Qualified education expen- ses are treated as paid or incurred within a reasonable pe- For purposes of the student loan interest deduction, these riod of time before or after you take out the loan if they are expenses are the total costs of attending an eligible edu- paid with the proceeds of student loans that are part of a cational institution. They include amounts paid for the fol- federal postsecondary education loan program. lowing items. Even if not paid with the proceeds of that type of loan, • Tuition and fees. the expenses are treated as paid or incurred within a rea- sonable period of time if both of the following require- • Room and board. ments are met. • Books, supplies, and equipment. • The expenses relate to a specific academic period. • Other necessary expenses (such as transportation). • The loan proceeds are disbursed within a period that The cost of room and board qualifies only to the extent begins 90 days before the start of that academic pe- it isn't more than: riod and ends 90 days after the end of that academic period. • The allowance for room and board, as determined by the eligible educational institution, that was included in If neither of the above situations applies, the reasona- the cost of attendance (for federal financial aid purpo- ble period of time is usually determined based on all the ses) for a particular academic period and living ar- relevant facts and circumstances. rangement of the student; or Academic period. An academic period includes a se- • If greater, the actual amount charged if the student is mester, trimester, quarter, or other period of study (such residing in housing owned or operated by the eligible as a summer school session) as reasonably determined educational institution. by an educational institution. If an educational institution uses credit hours or clock hours and doesn't have aca- Eligible educational institution. An eligible educational demic terms, each payment period can be treated as an institution is generally any accredited public, nonprofit, or academic period. proprietary (privately owned profit-making) college, uni- versity, vocational school, or other postsecondary educa- Eligible student. An eligible student is a student who tional institution. Also, the institution must be eligible to was enrolled at least half-time in a program leading to a participate in a student aid program administered by the degree, certificate, or other recognized educational cre- U.S. Department of Education. Virtually all accredited dential. postsecondary institutions meet this definition. An eligible educational institution also includes certain Enrolled at least half-time. A student was enrolled at educational institutions located outside the United States least half-time if the student was taking at least half the that are eligible to participate in the U.S. Department of normal full-time workload for their course of study. Education's Federal Student Aid (FSA) programs. The standard for what is half of the normal full-time For purposes of the student loan interest deduction, an workload is determined by each eligible educational insti- eligible educational institution also includes an institution tution. However, the standard may not be lower than any conducting an internship or residency program leading to of those established by the U.S. Department of Education a degree or certificate from an institution of higher educa- under the Higher Education Act of 1965. tion, a hospital, or a health care facility that offers post- graduate training. An educational institution must meet the above criteria only during the academic period(s) for which the student Page 32 Chapter 4 Student Loan Interest Deduction |
Page 33 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. loan was incurred. The deductibility of interest on the loan principal are made on the loan. No deduction for capital- isn't affected by the institution's subsequent loss of eligibil- ized interest is allowed in a year in which no loan pay- ity. ments were made. The educational institution should be able to tell Interest on revolving lines of credit. This interest, TIP you if it is an eligible educational institution. which includes interest on credit card debt, is student loan interest if the borrower uses the line of credit (credit card) only to pay qualified education expenses. See Qualified Adjustments to Qualified Education Education Expenses, earlier. Expenses Interest on refinanced and consolidated student You must reduce your qualified education expenses by loans. This includes interest on a loan used solely to refi- the total amount paid for them with the following tax-free nance a qualified student loan of the same borrower. It items. also includes a single consolidation loan used solely to re- finance two or more qualified student loans of the same • Employer-provided educational assistance. See chap- borrower. ter 10. • Tax-free distribution of earnings from a Coverdell edu- If you refinance a qualified student loan for more cation savings account (ESA). See Tax-Free Distribu- ! than your original loan and you use the additional tions in chapter 6. CAUTION amount for any purpose other than qualified edu- cation expenses, you can't deduct any interest paid on the • Tax-free distribution of earnings from a qualified tui- refinanced loan. tion program (QTP). See Figuring the Taxable Portion of a Distribution in chapter 7. Allocating Payments Between Interest and • U.S. savings bond interest that you exclude from in- Principal come because it is used to pay qualified education ex- penses. See chapter 9. The allocation of payments between interest and principal • The tax-free part of scholarships and fellowship for tax purposes might not be the same as the allocation grants. See Tax-Free Scholarships and Fellowship shown on the Form 1098-E or other statement you receive Grants in chapter 1. from the lender or loan servicer. To make the allocation for tax purposes, a payment generally applies first to stated • Veterans' educational assistance. See Veterans' Ben- interest that remains unpaid as of the date the payment is efits in chapter 1. due, second to any loan origination fees allocable to the • Any other nontaxable (tax-free) payments (other than payment, third to any capitalized interest that remains un- gifts or inheritances) received as educational assis- paid as of the date the payment is due, and fourth to the tance. outstanding principal. Example. In August 2021, you took out a $10,000 stu- dent loan to pay the tuition for your senior year of college. Include as Interest The lender charged a 3% loan origination fee ($300) that was withheld from the funds you received. The interest In addition to simple interest on the loan, if all other re- (5% simple) on this loan accrued while you completed quirements are met, the items discussed below can be your senior year and for 6 months after graduating. At the student loan interest. end of that period, the lender determined the amount to be repaid by capitalizing all accrued but unpaid interest Loan origination fee. In general, this is a one-time fee ($625 interest accrued from August 2021 through October charged by the lender when a loan is made. To be deduc- 2022) and adding it to the outstanding principal balance of tible as interest, a loan origination fee must be for the use the loan. The loan is payable over 60 months, with a pay- of money rather than for property or services (such as ment of $200.51 due on the first of each month, beginning commitment fees or processing costs) provided by the November 2022. lender. A loan origination fee treated as interest accrues You didn't receive a Form 1098-E for 2022 from the over the life of the loan. lender because the amount of interest you paid didn't re- Loan origination fees weren't required to be reported on quire the lender to issue an information return. However, Form 1098-E, Student Loan Interest Statement, for loans you did receive an account statement from the lender that made before September 1, 2004. If loan origination fees showed the following 2022 payments on your outstanding aren't included in the amount reported on your Form loan of $10,625 ($10,000 principal + $625 accrued but un- 1098-E, you can use any reasonable method to allocate paid interest). the loan origination fees over the term of the loan. Capitalized interest. This is unpaid interest on a student loan that is added by the lender to the outstanding princi- pal balance of the loan. Capitalized interest is treated as interest for tax purposes and is deductible as payments of Chapter 4 Student Loan Interest Deduction Page 33 |
Page 34 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Payment Date Payment Stated Interest Principal • No one else is claiming you as a dependent on their tax return. November 2022 $200.51 $44.27 $156.24 December 2022 $200.51 $43.62 $156.89 • You are legally obligated to pay interest on a qualified student loan. Totals $401.02 $87.89 $313.13 • You paid interest on a qualified student loan. To determine the amount of interest that could be de- ducted on the loan for 2022, you start with the total Claiming you as a dependent. Another taxpayer is amount of stated interest you paid, $87.89. Next, allocate claiming you as a dependent if they list your name and the loan origination fee over the term of the loan ($300 ÷ other required information on page 1 of their Form 1040, 60 months = $5 per month). A total of $10 ($5 of each of 1040-SR, or 1040-NR. the two principal payments) should be treated as interest Example 1. During 2022, you paid $600 interest on for tax purposes. You then apply the unpaid capitalized in- your qualified student loan. Only you are legally obligated terest ($625) to the two principal payments in the order in to make the payments. No one claimed you as a depend- which they were made, and determine that the remaining ent for 2022. Assuming all other requirements are met, amount of principal of both payments is treated as interest you can deduct the $600 of interest you paid on your 2022 for tax purposes. Assuming that you qualify to claim the Form 1040 or 1040-SR. student loan interest deduction, you can deduct $401.02 ($87.89 + $10 + $303.13). Example 2. During 2022, you paid $1,100 interest on For 2023, you will continue to allocate $5 of the loan your qualified student loan. Only you are legally obligated origination fee to the principal portion of each monthly to make the payments. Your parents claimed you as a de- payment you make and treat that amount as interest for pendent on their 2022 tax return. In this case, neither you tax purposes. You will also apply the remaining amount of nor your parents may deduct the student loan interest you capitalized interest ($625 − $303.13 = $321.87) to the paid in 2022. principal payments in the order in which they are made until the balance is zero, and treat those amounts as inter- Interest paid by others. If you are the person legally ob- est for tax purposes. ligated to make interest payments and someone else makes a payment of interest on your behalf, you are trea- Don't Include as Interest ted as receiving the payments from the other person and, in turn, paying the interest. You can't claim a student loan interest deduction for any Example 1. You obtained a qualified student loan to of the following items. attend college. After graduating from college, you worked • Interest you paid on a loan if, under the terms of the as an intern for a nonprofit organization. As part of the in- loan, you aren't legally obligated to make interest pay- ternship program, the nonprofit organization made an in- ments. terest payment on your behalf. This payment was treated • Loan origination fees that are payments for property or as additional compensation and reported in box 1 of your services provided by the lender, such as commitment Form W-2. Assuming all other qualifications are met, you fees or processing costs. can deduct this payment of interest on your tax return. • Interest you paid on a loan to the extent payments Example 2. You obtained a qualified student loan to were made through your participation in the National attend college. After graduating from college, the first Health Service Corps Loan Repayment Program (the monthly payment on the loan was due in December. As a NHSC Loan Repayment Program) or certain other gift, your mother made this payment. No one is claiming loan repayment assistance programs. For more infor- you as a dependent on their tax return. Assuming all other mation, see Student Loan Repayment Assistance in qualifications are met, you can deduct this payment of in- chapter 5. terest on your tax return. When Must Interest Be Paid? No Double Benefit Allowed You can deduct all interest you paid during the year on You can't deduct as interest on a student loan any amount your student loan, including voluntary payments, until the that is an allowable deduction under any other provision of loan is paid off. the tax law (for example, home mortgage interest). You also can't deduct as interest on a student loan any amount paid from a distribution of earnings made from a Can You Claim the Deduction? QTP after 2018 to the extent the earnings are treated as Generally, you can claim the deduction if all of the follow- tax free because they were used to pay student loan inter- ing requirements are met. est. For more information, see chapter 7. • Your filing status is any filing status except married fil- For payments made after March 27, 2020, and before ing separately. January 1, 2026, do not deduct as interest on a student Page 34 Chapter 4 Student Loan Interest Deduction |
Page 35 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. loan any interest paid by your employer under an educa- Table 4-2. Effect of MAGI on Student Loan tional assistance program. See chapter 10. Interest Deduction THEN your student IF your filing loan interest Figuring the Deduction status is... AND your MAGI is... deduction is... Your student loan interest deduction is generally the single, not more than $70,000 not affected by the smaller of: head of phaseout. household, or more than $70,000 reduced because of the • $2,500, or qualifying but less than phaseout. surviving $85,000 • The interest you paid during the tax year. spouse However, the amount determined above may be phased $85,000 or more eliminated by the out (gradually reduced) or eliminated based on your filing phaseout. status and MAGI as explained below. You can use Work- married filing not more than $145,000 not affected by the sheet 4-1 (at the end of this chapter) to figure both your joint return phaseout. MAGI and your deduction. more than $145,000 reduced because of the but less than $175,000 phaseout. Form 1098-E. To help you figure your student loan inter- $175,000 or more eliminated by the est deduction, you should receive Form 1098-E. Gener- phaseout. ally, an institution (such as a bank or governmental agency) that received interest payments of $600 or more MAGI when using Form 1040 or 1040-SR. If you file during 2022 on one or more qualified student loans must Form 1040 or 1040-SR, your MAGI is the AGI on line 11 of send Form 1098-E (or an acceptable substitute) to each that form figured without taking into account any amount borrower by January 31, 2023. on Schedule 1 (Form 1040), line 21 (student loan interest For qualified student loans taken out before September deduction), and modified by adding back any: 1, 2004, the institution is required to include on Form 1098-E only payments of stated interest. Other interest 1. Foreign earned income exclusion, payments, such as certain loan origination fees and capi- 2. Foreign housing exclusion, talized interest, may not appear on the form you receive. However, if you pay qualifying interest that isn't included 3. Foreign housing deduction, on Form 1098-E, you can also deduct those amounts. See 4. Exclusion of income by bona fide residents of Ameri- Allocating Payments Between Interest and Principal, ear- can Samoa, and lier. The lender may ask for a completed Form W-9S or sim- 5. Exclusion of income by bona fide residents of Puerto ilar statement to obtain the borrower's name, address, and Rico. taxpayer identification number. The form may also be MAGI when using Form 1040-NR. If you file Form used by the borrower to certify that the student loan was 1040-NR, your MAGI is the AGI on line 11 of that form fig- incurred solely to pay for qualified education expenses. ured without taking into account any amount on Schedule 1 (Form 1040), line 21 (student loan interest deduction). Effect of the Amount of Your Income Phaseout. If your MAGI is within the range of incomes on the Amount of Your Deduction where the credit must be reduced, you must figure your The amount of your student loan interest deduction is reduced deduction. To figure the phaseout, multiply your phased out (gradually reduced) if your MAGI is between interest deduction (before the phaseout, but not more than $70,000 and $85,000 ($145,000 and $175,000 if you file a $2,500) by a fraction. The numerator (top part) is your joint return). You can't claim a student loan interest deduc- MAGI minus $70,000 ($145,000 in the case of a joint re- tion if your MAGI is $85,000 or more ($175,000 or more if turn). The denominator (bottom part) is $15,000 ($30,000 you file a joint return). in the case of a joint return). Subtract the result from your deduction (before the phaseout) to give you the amount Modified adjusted gross income (MAGI). For most you can deduct. taxpayers, MAGI is AGI as figured on their federal income tax return before subtracting any deduction for student Example 1. During 2022, you paid $800 interest on a loan interest. However, as discussed below, there may be qualified student loan. Your 2022 MAGI is $160,000 and other modifications. you are filing a joint return. You must reduce your deduc- tion by $400, figured as follows. Table 4-2 shows how the amount of your MAGI can af- fect your student loan interest deduction. $160,000 − $145,000 $800 × = $400 $30,000 Your reduced student loan interest deduction is $400 ($800 − $400). Chapter 4 Student Loan Interest Deduction Page 35 |
Page 36 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet 4-1. Student Loan Interest Deduction Worksheet Keep for Your Records Use this worksheet instead of the worksheet in the Schedule 1 (Form 1040) instructions if you are filing Form 2555 or 4563, or you are excluding income from sources within Puerto Rico. Before using this worksheet, you must complete Form 1040 or 1040-SR, line 9, and Schedule 1 (Form 1040), lines 11 through 20, and 23 and 25. 1. Enter the total interest you paid in 2022 on qualified student loans. Don't enter more than $2,500 . . . . . . . . . . . 1. 2. Enter the amount from Form 1040 or 1040-SR, line 9 . . . . . . . . . . . . . . . . . . . . . . . 2. 3. Enter the total of the amounts from Schedule 1 (Form 1040), lines 11 through 20, and 23 and 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. 4. Subtract line 3 from line 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. 5. Enter any foreign earned income exclusion and/or housing exclusion (Schedule 1 (Form 1040), line 8d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. 6. Enter any foreign housing deduction (Schedule 1 (Form 1040), line 24j) . . . . . . . . . 6. 7. Enter the amount of income from Puerto Rico you are excluding . . . . . . . . . . . . . . 7. 8. Enter the amount of income from American Samoa you are excluding (Form 4563, line 15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. 9. Add lines 4 through 8. This is your modified adjusted gross income . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. 10. Enter the amount shown below for your filing status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10. • Single, head of household, or qualifying surviving spouse—$70,000 • Married filing jointly—$145,000 11. Is the amount on line 9 more than the amount on line 10? No. Skip lines 11 and 12, enter -0- on line 13, and go to line 14. Yes. Subtract line 10 from line 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. 12. Divide line 11 by $15,000 ($30,000 if married filing jointly). Enter the result as a decimal (rounded to at least three places). If the result is 1.000 or more, enter 1.000 . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. . 13. Multiply line 1 by line 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13. 14. Student loan interest deduction. Subtract line 13 from line 1. Enter the result here and on Schedule 1 (Form 1040), line 21. Don't include this amount in figuring any other deduction on your return (such as on Schedule A, C, E, etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14. Example 2. The facts are the same as in Example 1, (Form 1040) instructions included in the Instructions for except that you paid $2,750 interest. Your maximum de- Form 1040. However, if you are filing Form 2555, Foreign duction for 2022 is $2,500. You must reduce your maxi- Earned Income; Form 4563, Exclusion of Income for Bona mum deduction by $1,250, figured as follows. Fide Residents of American Samoa; or you are excluding income from sources within Puerto Rico, you must com- $160,000 − $145,000 plete Worksheet 4-1. $2,500 × = $1,250 $30,000 In this example, your reduced student loan interest deduc- tion is $1,250 ($2,500 − $1,250). Claiming the Deduction Which Worksheet To Use The student loan interest deduction is an adjustment to in- come. To claim the deduction, enter the allowable amount Generally, you figure the deduction using the Student on Schedule 1 (Form 1040), line 21. Loan Interest Deduction Worksheet in the Schedule 1 Page 36 Chapter 4 Student Loan Interest Deduction |
Page 37 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. U.S. Department of Education. Virtually all accredited postsecondary institutions meet this definition. 5. An eligible educational institution also includes certain educational institutions located outside the United States that are eligible to participate in a student aid program ad- Student Loan ministered by the U.S. Department of Education. The educational institution should be able to tell Cancellations and TIP you if it is an eligible educational institution. Repayment Assistance Private Education Loan Reminder A private education loan is a loan provided by a private Student loan forgiveness. The American Rescue Plan educational lender that: Act of 2021 modified the treatment of student loan forgive- • Is not made, insured, or guaranteed under Title IV of ness for discharges in 2021 through 2025. the Higher Education Act of 1965; and • Is issued expressly for postsecondary educational ex- Introduction penses to a borrower, regardless of whether the loan is provided through the educational institution that the Generally, if you are responsible for making loan pay- student attends or directly to the borrower from the pri- ments, and the loan is canceled or repaid by someone vate educational lender. A private education loan else, you must include the amount that was canceled or does not include an extension of credit under an paid on your behalf in your gross income for tax purposes. open-end consumer credit plan, a reverse mortgage However, in certain circumstances, you may be able to transaction, a residential mortgage transaction, or any exclude this amount from gross income if the loan was other loan that is secured by real property or a dwell- one of the following. ing. • A loan for postsecondary educational expenses. Private educational lender. A private educational • A private education loan. lender is one of the following. • A loan from an educational organization described in • A financial institution that solicits, makes, or extends section 170(b)(1)(A)(ii). private education loans. • A loan from an organization exempt from tax under • A federal credit union that solicits, makes, or extends section 501(a) to refinance a student loan. private education loans. • Any other person engaged in the business of solicit- ing, making, or extending private education loans. Loan for Postsecondary The cancellation of your loan won't qualify for tax-free treatment if it is canceled because of Educational Expenses CAUTION! services you performed for the private educa- This is any loan provided expressly for postsecondary ed- tional lender that made the loan or other organization that ucation, regardless of whether provided through the edu- provided the funds. cational institution or directly to the borrower, if such loan was made, insured, or guaranteed by one of the following. • The United States, or an instrumentality or agency Loan From an Educational thereof. Organization Described in • A state, territory, or possession of the United States; or the District of Columbia; or any political subdivision Section 170(b)(1)(A)(ii) thereof. • An eligible educational institution. This is any loan made by the organization if the loan is made: Eligible educational institution. An eligible educational As part of an agreement with an entity described ear- • institution is generally any accredited public, nonprofit, or lier under which the funds to make the loan were pro- proprietary (privately owned profit-making) college, uni- vided to the educational organization, or versity, vocational school, or other postsecondary educa- tional institution. Also, the institution must be eligible to • Under a program of the educational organization that participate in a student aid program administered by the is designed to encourage its students to serve in occupations with unmet needs or in areas with unmet Chapter 5 Student Loan Cancellations and Repayment Assistance Page 37 |
Page 38 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. needs where the services provided by the students (or • Any other state loan repayment or loan forgiveness former students) are for or under the direction of a program that is intended to provide for the increased governmental unit or a tax-exempt section 501(c)(3) availability of health services in underserved or health organization. professional shortage areas (as determined by such state). Educational organization described in section 170(b) (1)(A)(ii). This is an educational institution that maintains You can't deduct the interest you paid on a stu- a regular faculty and curriculum and normally has a regu- ! dent loan to the extent payments were made larly enrolled body of students in attendance at the place CAUTION through your participation in the above programs. where it carries on its educational activities. Section 501(c)(3) organization. This is any corpora- tion, community chest, fund, or foundation organized and operated exclusively for one or more of the following pur- poses. 6. • Charitable. • Religious. Coverdell Education • Educational. • Scientific. Savings Account (ESA) • Literary. • Testing for public safety. Introduction • Fostering national or international amateur sports competition (but only if none of its activities involve If your modified adjusted gross income (MAGI) is less providing athletic facilities or equipment). than $110,000 ($220,000 if filing a joint return), you may be able to establish a Coverdell ESA to finance the quali- • The prevention of cruelty to children or animals. fied education expenses of a designated beneficiary. For The cancellation of your loan won't qualify for most taxpayers, MAGI is the adjusted gross income (AGI) ! tax-free treatment if it is canceled because of as figured on their federal income tax return. CAUTION services you performed for the educational organ- Total contributions for the beneficiary in any year can't ization that made the loan or other organization that provi- be more than $2,000, no matter how many separate Cov- ded the funds. erdell ESAs have been established for the beneficiary. See Contributions, later. This benefit applies not only to higher education Refinanced Loan TIP expenses, but also to elementary and secondary education expenses. If you refinanced a student loan with another loan from an educational organization or a tax-exempt organization, the What is the tax benefit of the Coverdell ESA? Contri- cancellation of that loan may also be treated as discussed butions to a Coverdell ESA aren't deductible, but amounts above. This applies if the new loan is made under a pro- deposited in the account grow tax free until distributed. gram of the refinancing organization that is designed to If, for a year, distributions from an account aren't more encourage students to serve in occupations with unmet than a designated beneficiary's adjusted qualified educa- needs or in areas with unmet needs where the services tion expenses (AQEE) at an eligible educational institu- required of the students are for or under the direction of a tion, the beneficiary won't owe tax on the distributions. governmental unit or a tax-exempt section 501(c)(3) or- See Tax-Free Distributions, later. ganization (defined earlier). Table 6-1 summarizes the main features of the Cover- dell ESA. Student Loan Repayment Assistance Student loan repayments made to you are tax free if you received them for any of the following. • The National Health Service Corps Loan Repayment Program (NHSC Loan Repayment Program). • A state education loan repayment program eligible for funds under the Public Health Service Act. Page 38 Chapter 6 Coverdell Education Savings Account (ESA) |
Page 39 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Table 6-1. Coverdell ESA at a Glance 4. Money in the account can't be combined with other property except in a common trust fund or common Don't rely on this table alone. It provides investment fund. only general highlights. See the text for definitions of terms and for more complete 5. The balance in the account must generally be distrib- explanations. uted within 30 days after the earlier of the following events. Question Answer a. The beneficiary reaches age 30, unless the bene- What is a Coverdell A savings account that is set up to pay ficiary is a special needs beneficiary. ESA? the qualified education expenses of a b. The beneficiary's death. designated beneficiary. Where can it be It can be opened in the United States at Qualified Education Expenses established? any bank or other IRS-approved entity that offers Coverdell ESAs. Generally, these are expenses required for the enrollment Who can have a Any beneficiary who is under age 18 or or attendance of the designated beneficiary at an eligible Coverdell ESA? is a special needs beneficiary. educational institution. The expenses can be either quali- Who can contribute to Generally, any individual (including the fied higher education expenses or qualified elementary a Coverdell ESA? beneficiary) whose MAGI for the year is and secondary education expenses. less than $110,000 ($220,000 in the case of a joint return). Designated beneficiary. This is the individual named in Are distributions tax Yes, if the distributions aren't more than the document creating the trust or custodial account to re- free? the beneficiary's AQEE for the year. ceive the benefit of the funds in the account. Contributions to a qualified tuition program (QTP). A contribution to a QTP is a qualified education expense if the contribution is on behalf of the designated beneficiary of the Coverdell ESA. In the case of a change in benefi- ciary, this is a qualified expense only if the new benefi- What Is a Coverdell ESA? ciary is a family member of that designated beneficiary. See chapter 7. A Coverdell ESA is a trust or custodial account created or organized in the United States only for the purpose of pay- ing the qualified education expenses of the Designated Eligible Educational Institution beneficiary (defined later) of the account. An eligible educational institution can be either an eligible When the account is established, the designated bene- postsecondary school or an eligible elementary or secon- ficiary must be under age 18 or a special needs benefi- dary school. ciary. Eligible postsecondary school. An eligible postsecon- To be treated as a Coverdell ESA, the account must be dary school is generally any accredited public, nonprofit, designated as a Coverdell ESA when it is created. or proprietary (privately owned profit-making) college, uni- versity, vocational school, or other postsecondary educa- The document creating and governing the account tional institution. Also, the institution must be eligible to must be in writing and must satisfy the following require- participate in a student aid program administered by the ments. U.S. Department of Education. Virtually all accredited postsecondary institutions meet this definition. The edu- 1. The trustee or custodian must be a bank or an entity cational institution should be able to tell you if it is an eligi- approved by the IRS. ble educational institution. 2. The document must provide that the trustee or custo- An eligible educational institution also includes certain dian can only accept a contribution that meets all of educational institutions located outside the United States the following conditions. that are eligible to participate in a student aid program ad- ministered by the U.S. Department of Education. a. The contribution is in cash. Eligible elementary or secondary school. An eligible b. The contribution is made before the beneficiary elementary or secondary school is any public, private, or reaches age 18, unless the beneficiary is a special religious school that provides elementary or secondary needs beneficiary. education (kindergarten through grade 12), as determined c. The contribution wouldn't result in total contribu- under state law. tions for the year (not including rollover contribu- tions) being more than $2,000. 3. Money in the account can't be invested in life insur- ance contracts. Chapter 6 Coverdell Education Savings Account (ESA) Page 39 |
Page 40 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Qualified Higher Education Expenses attendance at an eligible elementary or secondary school. These are expenses related to enrollment or attendance a. Tuition and fees. at an eligible postsecondary school. As shown in the fol- lowing list, to be qualified, some of the expenses must be b. Books, supplies, and equipment. required by the school and some must be incurred by stu- c. Academic tutoring. dents who are enrolled at least half-time. d. Special needs services for a special needs benefi- 1. The following expenses must be required for enroll- ciary. ment or attendance of a designated beneficiary at an eligible postsecondary school. 2. The following expenses must be required or provided by an eligible elementary or secondary school in con- a. Tuition and fees. nection with attendance or enrollment at the school. b. Books, supplies, and equipment. a. Room and board. 2. Expenses for special needs services needed by a b. Uniforms. special needs beneficiary must be incurred in connec- tion with enrollment or attendance at an eligible post- c. Transportation. secondary school. d. Supplementary items and services (including ex- 3. Expenses for room and board must be incurred by tended day programs). students who are enrolled at least half-time (defined 3. The purchase of computer or peripheral equipment, below). computer software, fiber optic cables related to com- The expense for room and board qualifies only to puter use, or Internet access and related services is a the extent that it isn't more than the greater of the fol- qualified elementary and secondary education ex- lowing two amounts. pense if it is to be used by the beneficiary and the a. The allowance for room and board, as determined beneficiary's family during any of the years the benefi- by the school, that was included in the cost of at- ciary is in elementary or secondary school. (This tendance (for federal financial aid purposes) for a doesn't include expenses for computer software de- particular academic period and living arrangement signed for sports, games, or hobbies unless the soft- of the student. ware is predominantly educational in nature.) b. The actual amount charged if the student is resid- ing in housing owned or operated by the school. You may need to contact the eligible educational insti- tution for qualified room and board costs. Contributions 4. The purchase of computer or peripheral equipment, computer software, or Internet access and related Any individual (including the designated beneficiary) can services if it is to be used primarily by the beneficiary contribute to a Coverdell ESA if the individual's MAGI (de- during any of the years the beneficiary is enrolled at fined later under Contribution Limits) for the year is less an eligible postsecondary school. (This doesn’t in- than $110,000. For individuals filing joint returns, that clude expenses for computer software for sports, amount is $220,000. games, or hobbies unless the software is predomi- Organizations, such as corporations and trusts, can nantly educational in nature.) also contribute to Coverdell ESAs. There is no require- Half-time student. A student is enrolled “at least ment that an organization's income be below a certain half-time” if he or she is enrolled for at least half the level. full-time academic workload for the course of study the Contributions must meet all of the following require- student is pursuing, as determined under the standards of ments. the school where the student is enrolled. 1. They must be in cash. Qualified Elementary and Secondary 2. They can't be made after the beneficiary reaches age Education Expenses 18, unless the beneficiary is a special needs benefi- ciary. These are expenses related to enrollment or attendance at an eligible elementary or secondary school. As shown 3. They must be made by the due date of the contribu- in the following list, to be qualified, some of the expenses tor's tax return (not including extensions). must be required or provided by the school. There are Contributions can be made to one or several Coverdell special rules for computer-related expenses. ESAs for the same designated beneficiary provided that 1. The following expenses must be incurred by a desig- the total contributions aren't more than the contribution nated beneficiary in connection with enrollment or limits (defined later) for a year. Page 40 Chapter 6 Coverdell Education Savings Account (ESA) |
Page 41 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Contributions can be made, without penalty, to both a 2. One on the amount that any individual can contribute Coverdell ESA and a QTP in the same year for the same for any one designated beneficiary for a year. beneficiary. Limit for each designated beneficiary. For 2022, the Table 6-2 summarizes many of the features of contribu- total of all contributions to all Coverdell ESAs set up for ting to a Coverdell ESA. the benefit of any one designated beneficiary can't be more than $2,000. This includes contributions (other than rollovers) to all the beneficiary's Coverdell ESAs from all sources. Rollovers are discussed under Rollovers and Table 6-2. Coverdell ESA Contributions at Other Transfers, later. a Glance Example. When a beneficiary was born in 2021, three Don't rely on this table alone. It provides separate Coverdell ESAs were set up, one by the parents, only general highlights. See the text for one by a grandparent, and one by an aunt. In 2022, the to- more complete explanations. tal of all contributions to the three Coverdell ESAs can't be more than $2,000. For example, if the grandparent con- Question Answer tributed $2,000 to one of the Coverdell ESAs, no one else Are contributions No. could contribute to any of the three accounts. Or, if the pa- deductible? rents contributed $1,000 and the aunt $600, the grandpar- ent or someone else could contribute no more than $400. What is the annual $2,000 for each designated These contributions could be put into any of the benefi- contribution limit per beneficiary. ciary's Coverdell ESA accounts. designated beneficiary? What if more than one The annual contribution limit Limit for each contributor. Generally, you can contrib- Coverdell ESA has been is $2,000 for each ute up to $2,000 for each designated beneficiary for 2022. opened for the same beneficiary, no matter how This is the most you can contribute for the benefit of any designated beneficiary? many Coverdell ESAs are one beneficiary for the year, regardless of the number of set up for that beneficiary. Coverdell ESAs set up for the beneficiary. What if more than one The annual contribution limit Example. The facts are the same as in the previous individual makes is $2,000 per beneficiary, no example except that the beneficiary's older sibling also contributions for the same matter how many individuals has a Coverdell ESA. If the grandparent contributed designated beneficiary? contribute. $2,000 to the beneficary’s Coverdell ESA in 2022, the Can contributions other No. grandparent could also contribute $2,000 to the sibling's than cash be made to a Coverdell ESA. Coverdell ESA? Reduced limit. Your contribution limit may be re- When must contributions No contributions can be duced. If your MAGI (defined later) is between $95,000 stop? made to a beneficiary's and $110,000 (between $190,000 and $220,000 if filing a Coverdell ESA after he or joint return), the $2,000 limit for each designated benefi- she reaches age 18, unless ciary is gradually reduced (see Figuring the limit, later). If the beneficiary is a special your MAGI is $110,000 or more ($220,000 or more if filing needs beneficiary. a joint return), you can't contribute to anyone's Coverdell ESA. When contributions are considered made. Contribu- Modified adjusted gross income (MAGI). For most tions made to a Coverdell ESA for the preceding tax year taxpayers, MAGI is adjusted gross income (AGI) as fig- are considered to have been made on the last day of the ured on their federal income tax return. preceding year. They must be made by the due date (not including extensions) for filing your return for the preced- MAGI when using Form 1040 or 1040-SR. If you file ing year. Form 1040 or 1040-SR, your MAGI is the AGI on line 11 of For example, if you make a contribution to a Coverdell that form, modified by adding back any: ESA in February 2023, and you designate it as a contribu- 1. Foreign earned income exclusion, tion for 2022, you are considered to have made that con- tribution on December 31, 2022. 2. Foreign housing exclusion, 3. Foreign housing deduction, Contribution Limits 4. Exclusion of income by bona fide residents of Ameri- There are two yearly limits. can Samoa, and 1. One on the total amount that can be contributed for 5. Exclusion of income by bona fide residents of Puerto each designated beneficiary in any year. Rico. Chapter 6 Coverdell Education Savings Account (ESA) Page 41 |
Page 42 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. If you have any of these adjustments, you can use Worksheet 6-2. Coverdell ESA Contribution Worksheet 6-1 to figure your MAGI for Form 1040 or Limit 1040-SR. 1. Maximum contribution . . . . . . . . . . . . . . . 1. $ 2,000 MAGI when using Form 1040-NR. If you file Form 1040-NR, your MAGI is the AGI on line 11 of that form. 2. Enter your MAGI for purposes of figuring the contribution limit to a Coverdell ESA Worksheet 6-1. MAGI for a Coverdell ESA (see definition or Worksheet 6-1) . . . . . . 2. 3. Enter $190,000 if married filing jointly; 1. Enter your AGI (Form 1040 or 1040-SR, line 11) . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. $95,000 for all other filers . . . . . . . . . . . . 3. 4. Subtract line 3 from line 2. If zero or less, 2. Enter your foreign earned enter -0- on line 4, skip lines 5 through 7, income exclusion and/or and enter $2,000 on line 8 . . . . . . . . . . . . 4. housing exclusion (Form 2555, line 45) . . . . . . . . . . 2. 5. Enter $30,000 if married filing jointly; $15,000 for all other filers . . . . . . . . . . . . 5. 3. Enter your foreign housing deduction (Form 2555, Note. If the amount on line 4 is greater line 50) . . . . . . . . . . . . . . . 3. than or equal to the amount on line 5, stop here. You aren't allowed to 4. Enter the amount of contribute to a Coverdell ESA for 2022. income from Puerto Rico you’re excluding . . . . . . . . 4. 6. Divide line 4 by line 5 and enter the result as a decimal (rounded to at least 3 5. Enter the amount of places) . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. . income from American Samoa you’re excluding 7. Multiply line 1 by line 6 . . . . . . . . . . . . . . . 7. (Form 4563, 8. Subtract line 7 from line 1 . . . . . . . . . . . . 8. line 15) . . . . . . . . . . . . . . . 5. Note. The total Coverdell ESA contributions from all sources for the 6. Add lines 2, 3, 4, and 5 . . . . . . . . . . . . . . 6. designated beneficiary during the tax year may not exceed $2,000. 7. Add lines 1 and 6. This is your MAGI . . . . . . . . . . . . . . . . . . . . . . . . 7. Example. A taxpayer filing as single, had MAGI of $96,500 for 2022. The taxpayer can contribute up to Figuring the limit. To figure the limit on the amount you $1,800 in 2022 for each beneficiary, as shown in the illus- can contribute for each designated beneficiary, multiply trated Worksheet 6-2. $2,000 by a fraction. The numerator (top part) is your MAGI minus $95,000 ($190,000 if filing a joint return). The denominator (bottom part) is $15,000 ($30,000 if filing a joint return). Subtract the result from $2,000. This is the amount you can contribute for each beneficiary. You can use Worksheet 6-2 to figure the limit on contributions. Page 42 Chapter 6 Coverdell Education Savings Account (ESA) |
Page 43 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet 6-2. Coverdell ESA Contribution contributions. Code “2” or “3” entered in the blank box be- Limit—Illustrated low boxes 5 and 6 indicates the year in which the earnings are taxable. See Instructions for Recipient of your Form 1. Maximum contribution . . . . . . . . . . . . . . . 1. $ 2,000 1099-Q, on the back of Copy B. Enter the amount of earn- 2. Enter your MAGI for purposes of figuring ings on Schedule 1 (Form 1040), line 8z, for the applica- the contribution limit to a Coverdell ESA ble tax year. For more information, see Taxable Distribu- (see definition or Worksheet 6-1) . . . . . . 2. 96,500 tions, later. The excise tax doesn't apply to any rollover contribu- 3. Enter $190,000 if married filing jointly; tion. $95,000 for all other filers . . . . . . . . . . . . 3. 95,000 4. Subtract line 3 from line 2. If zero or less, Note. Contributions made in one year for the preced- enter -0- on line 4, skip lines 5 through 7, ing tax year are considered to have been made on the last and enter $2,000 on line 8 . . . . . . . . . . . . 4. 1,500 day of the preceding year. 5. Enter $30,000 if married filing jointly; Example. In 2021, your parents and grandparents $15,000 for all other filers . . . . . . . . . . . . 5. 15,000 contributed a total of $2,300 to your Coverdell ESA—an Note. If the amount on line 4 is greater excess contribution of $300. Because you didn't withdraw than or equal to the amount on line 5, the excess before June 1, 2022, you had to pay an addi- stop here. You aren't allowed to tional tax of $18 (6% × $300) when you filed your 2021 tax contribute to a Coverdell ESA for 2022. return. 6. Divide line 4 by line 5 and enter the result In 2022, excess contributions of $500 were made to as a decimal (rounded to at least 3 your account; however, you withdrew $250 from that ac- places) . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. 100. count to use for qualified education expenses. Using the steps shown earlier under Additional Tax on Excess Con- 7. Multiply line 1 by line 6 . . . . . . . . . . . . . . . 7. 200 tributions, you figure the excess contribution in your ac- 8. Subtract line 7 from line 1 . . . . . . . . . . . . 8. 1,800 count at the end of 2022 as follows. Note. The total Coverdell ESA contributions from all sources for the (1) $500 excess contributions designated beneficiary during the tax year may not exceed $2,000. made in 2022 + (2) $300 excess contributions in Additional Tax on Excess ESA at end of 2021 Contributions − (2a) $250 distribution during 2022 The beneficiary may owe a 6% excise tax each year on $550 excess at end of 2022 × 6% = $33 excess contributions that are in a Coverdell ESA at the end of the year. Excess contributions are the total of the If you limit 2023 contributions to $1,450 ($2,000 maximum following two amounts. allowed − $550 excess contributions from 2022), you 1. Contributions to any designated beneficiary's Cover- won't owe any additional tax in 2023 for excess contribu- dell ESA for the year that are more than $2,000 (or, if tions. less, the total of each contributor's limit for the year, Figuring and reporting the additional tax. You figure as discussed earlier). this excise tax on Form 5329, Part V. Report the additional 2. Excess contributions for the preceding year, reduced tax on Schedule 2 (Form 1040), line 8. by the total of the following two amounts. a. Distributions (other than those rolled over, as dis- cussed later) during the year. Rollovers and Other Transfers b. The contribution limit for the current year minus Assets can be rolled over from one Coverdell ESA to an- the amount contributed for the current year. other or the designated beneficiary can be changed. The beneficiary's interest can be transferred to a spouse or Exceptions. The excise tax doesn't apply if excess con- former spouse because of divorce. tributions made during 2022 (and any earnings on them) are distributed before the first day of the sixth month of the following tax year (June 1, 2023, for a calendar year tax- Rollovers payer). However, you must include the distributed earnings in Any amount distributed from a Coverdell ESA isn't taxable gross income for the year in which the excess contribution if it is rolled over to another Coverdell ESA for the benefit was made. You should receive Form 1099-Q, Payments of the same beneficiary or a member of the beneficiary's From Qualified Education Programs, from each institution family (including the beneficiary's spouse) who is under from which excess contributions were distributed. Box 2 of age 30. This age limitation doesn't apply if the new benefi- that form will show the amount of earnings on your excess ciary is a special needs beneficiary. Chapter 6 Coverdell Education Savings Account (ESA) Page 43 |
Page 44 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. An amount is rolled over if it is paid to another Cover- The amount contributed from the survivor benefits is dell ESA within 60 days after the date of the distribution. treated as part of your basis (cost) in the Coverdell ESA, and won't be taxed when distributed. See Distributions, Don't report qualifying rollovers (those that meet the later. above criteria) anywhere on Form 1040, 1040-SR, or 1040-NR. These aren't taxable distributions. The limit of one rollover during any 12-month pe- riod doesn't apply to the rollover of a military Members of the beneficiary's family. For these purpo- CAUTION! death gratuity or SGLI payment. ses, the beneficiary's family includes the beneficiary's spouse and the following other relatives of the beneficiary. Changing the Designated Beneficiary 1. Son, daughter, stepchild, foster child, adopted child, or a descendant of any of them. The designated beneficiary can be changed. See Mem- bers of the beneficiary's family, earlier. There aren't any 2. Brother, sister, stepbrother, or stepsister. tax consequences if, at the time of the change, the new 3. Father or mother or ancestor of either. beneficiary is under age 30 or is a special needs benefi- ciary. 4. Stepfather or stepmother. 5. Son or daughter of a brother or sister. Example. Assume the same situation as in the last ex- ample (see Rollovers, earlier). Instead of closing your 6. Brother or sister of father or mother. Coverdell ESA and paying the distribution into your sib- 7. Son-in-law, daughter-in-law, father-in-law, ling’s Coverdell ESA, you could have instructed the mother-in-law, brother-in-law, or sister-in-law. trustee of your account to simply change the name of the beneficiary on your account to that of your sibling. 8. The spouse of any individual listed above. 9. First cousin. Transfer Because of Divorce Example. When you graduated from college in Janu- If a spouse or former spouse receives a Coverdell ESA ary last year, you had $5,000 left in your Coverdell ESA. under a divorce or separation instrument, it isn't a taxable You wanted to give this money to your younger sibling, transfer. After the transfer, the spouse or former spouse who was still in high school. In order to avoid paying tax treats the Coverdell ESA as their own. on the distribution of the amount remaining in your ac- count, you contributed the same amount to your sibling’s Example. In their divorce settlement, Taxpayer A re- Coverdell ESA within 60 days of the distribution. ceived Taxpayer B’s Coverdell ESA. In this process, the account was transferred into Taxpayer A’s name. Tax- You can make only one rollover from a Coverdell payer A now treats the funds in this Coverdell ESA as if ! ESA to another Coverdell ESA in any 12-month they were the original owner. CAUTION period regardless of the number of Coverdell ESAs you own. However, you can make unlimited trans- fers from one Coverdell ESA trustee directly to another Coverdell ESA trustee because such transfers aren't con- Distributions sidered to be distributions or rollovers. The limit of one rollover during any 12-month period doesn't apply to the The designated beneficiary of a Coverdell ESA can take a rollover of a military death gratuity or Servicemembers' distribution at any time. Whether the distributions are tax Group Life Insurance (SGLI) payment. free depends, in part, on whether the distributions are equal to or less than the amount of Adjusted qualified edu- cation expenses (AQEE) (defined later) the beneficiary Military death gratuity. If you received a military death has in the same tax year. gratuity or a payment from Servicemembers' Group Life Insurance (SGLI), you may roll over all or part of the See Table 6-3 for highlights. amount received to one or more Coverdell ESAs for the benefit of members of the beneficiary's family (see Mem- bers of the beneficiary's family, earlier). Such payments are made to an eligible survivor upon the death of a mem- ber of the U.S. Armed Forces. The contribution to a Cov- erdell ESA from survivor benefits received can't be made later than 1 year after the date on which you receive the gratuity or SGLI payment. This rollover contribution isn't subject to (but is in addi- tion to) the contribution limits discussed earlier under Con- tribution Limits. The amount you roll over can't exceed the total survivor benefits you received, reduced by contribu- tions from these benefits to a Roth IRA or other Coverdell ESAs. Page 44 Chapter 6 Coverdell Education Savings Account (ESA) |
Page 45 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Table 6-3. Coverdell ESA Distributions at a Taxable Distributions Glance A portion of the distributions is generally taxable to the Don't rely on this table alone. It provides beneficiary if the total distributions are more than the ben- only general highlights. See the text for eficiary's AQEE for the year. definitions of terms and for more complete explanations. Excess distribution. This is the part of the total distribu- tion that is more than the beneficiary's AQEE for the year. Question Answer Earnings and basis. You will receive a Form 1099-Q for Is a distribution from a Generally, yes, to the extent each of the Coverdell ESAs from which money was dis- Coverdell ESA to pay for a the amount of the distribution tributed in 2022. The amount of your gross distribution will designated beneficiary's isn't more than the designated be shown in box 1. For 2022, instead of dividing the gross qualified education beneficiary's AQEE. distribution between your earnings (box 2) and your basis expenses tax free? (amount already taxed) (box 3), the payer or trustee may After the designated Yes. Amounts must be report the fair market value (account balance) of the Cov- beneficiary completes the distributed when the erdell ESA as of December 31, 2022. This will be shown educational requirements at designated beneficiary in the blank box below boxes 5 and 6. an eligible educational reaches age 30, unless the The amount contributed from survivor benefits (see institution, can amounts beneficiary is a special needs Military death gratuity, earlier) is treated as part of your remaining in the Coverdell beneficiary. Also, certain basis and won't be taxed when distributed. ESA be distributed? transfers to members of the beneficiary's family are Figuring the Taxable Portion of a permitted. Distribution Does the designated No. beneficiary need to be The taxable portion is the amount of the excess distribu- enrolled for a minimum tion that represents earnings that have accumulated tax number of courses to claim free in the account. Figure the taxable portion for 2022 as tax-free distribution? shown in the following steps. 1. Multiply the total amount distributed by a fraction. The Adjusted qualified education expenses (AQEE). To numerator (top part) is the basis (contributions not determine if total distributions for the year are more than previously distributed) at the end of 2021, plus total the amount of qualified education expenses, reduce total contributions for 2022, and the denominator (bottom qualified education expenses by any tax-free educational part) is the value (balance) of the account at the end assistance. Tax-free educational assistance includes: of 2022 plus the amount distributed during 2022. • The tax-free part of scholarships and fellowship grants 2. Subtract the amount figured in (1) from the total (see Tax-Free Scholarships and Fellowship Grants in amount distributed during 2022. The result is the chapter 1); amount of earnings included in the distribution(s). • Veterans' educational assistance (see Veterans' Ben- 3. Multiply the amount of earnings figured in (2) by a efits in chapter 1); fraction. The numerator (top part) is the AQEE paid • The tax-free part of Pell grants (see Pell Grants and during 2022, and the denominator (bottom part) is the Other Title IV Need-Based Education Grants in chap- total amount distributed during 2022. ter 1); 4. Subtract the amount figured in (3) from the amount • Employer-provided educational assistance (see chap- figured in (2). The result is the amount the beneficiary ter 10); and must include in income. • Any other nontaxable (tax-free) payments (other than The taxable amount must be reported on Schedule 1 gifts or inheritances) received as educational assis- (Form 1040), line 8z. tance. The amount you get by subtracting tax-free educational Example. You received an $850 distribution from your assistance from your total qualified education expenses is Coverdell ESA, to which $1,500 had been contributed be- your AQEE. fore 2022. There were no contributions in 2022. This is your first distribution from the account, so your basis in the account on December 31, 2021, was $1,500. The value Tax-Free Distributions (balance) of your account on December 31, 2022, was $950. You had $700 of AQEE for the year. Using the steps Generally, distributions are tax free if they aren't more in Figuring the Taxable Portion of a Distribution, earlier, than the beneficiary's AQEE for the year. Don't report figure the taxable portion of your distribution as follows. tax-free distributions (including qualifying rollovers) on your tax return. Chapter 6 Coverdell Education Savings Account (ESA) Page 45 |
Page 46 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. $1,500 basis + $0 contributions 1. $850 (distribution) × Total QHEE . . . . . . . . . . . . . . . . . . . . . . . . . $5,800 $950 value + $850 distribution Minus: Tax-free educational assistance. . . . . . − 1,500 = $708 (basis portion of distribution) Minus: Expenses taken into account in figuring American opportunity credit . . . . . . . − 4,000 2. $850 (distribution) − $708 (basis portion of distribution) Equals: Adjusted qualified higher education = $142 (earnings included in distribution) expenses (AQHEE). . . . . . . . . . . . . . . . . . . $ 300 $142 $700 AQEE Since the AQHEE ($300) are less than the Coverdell ESA 3. × distribution ($1,000), part of the distribution will be taxa- (earnings) $850 distribution = $117 (tax-free earnings) ble. The balance in your account was $1,800 on Decem- ber 31, 2022. Prior to 2022, $2,100 had been contributed to this account. Contributions for 2022 totaled $400. Using 4. $142 (earnings) − $117 (tax-free earnings) the four steps outlined earlier, you figure the taxable por- = $25 (taxable earnings) tion of your distribution as shown below. You must include $25 in income as distributed earnings $1,000 $2,100 basis + $400 contributions not used for qualified education expenses. Report this 1. × (distribution) $1,800 value + $1,000 distribution amount on Schedule 1 (Form 1040), line 8z, listing the type and amount of income. = $893 (basis portion of distribution) Worksheet 6-3, at the end of this chapter, can help you 2. $1,000 (distribution) − $893 (basis portion of distribution) figure your AQEE, how much of your distribution must be = $107 (earnings included in distribution) included in income, and the remaining basis in your Cov- erdell ESA(s). $300 AQHEE 3. $107 (earnings) × $1,000 distribution Coordination With American Opportunity = $32 (tax-free earnings) and Lifetime Learning Credits The American opportunity or lifetime learning credit can 4. $107 (earnings) − $32 (tax-free earnings) be claimed in the same year the beneficiary takes a = $75 (taxable earnings) tax-free distribution from a Coverdell ESA, as long as the same expenses aren't used for both benefits. This means You must include $75 in income (Schedule 1 (Form 1040), the beneficiary must reduce qualified higher education ex- line 8z). This is the amount of distributed earnings not penses (QHEE) by tax-free educational assistance, and used for AQHEE. then further reduce them by any expenses taken into ac- count in determining an American opportunity or lifetime Coordination With Qualified Tuition learning credit. Program (QTP) Distributions Example. In 2022, during your first year in college you If a designated beneficiary receives distributions from had $5,800 of QHEE. You paid your college expenses both a Coverdell ESA and a QTP in the same year, and from the following sources. the total distribution is more than the beneficiary's AQEE, those expenses must be allocated between the distribu- Partial tuition scholarship (tax free). . . . . . . . . $1,500 tion from the Coverdell ESA and the distribution from the Coverdell ESA distribution. . . . . . . . . . . . . . . 1,000 QTP before figuring how much of each distribution is taxa- Gift from parents. . . . . . . . . . . . . . . . . . . . . . 2,100 ble. The following two examples illustrate possible alloca- Earnings from part-time job . . . . . . . . . . . . . . . 1,200 tions. Example 1. In 2022, you graduated from high school Of the $5,800 of QHEE, $4,000 was tuition and related ex- and began your first semester of college. That year, you penses that also qualified for an American opportunity had $1,000 of qualified elementary and secondary educa- credit. Your parents claimed a $2,500 American opportu- tion expenses (QESEE) for high school and $3,000 of nity credit (based on $4,000 expenses) on their tax return. QHEE for college. Your QESEE doesn't include tuition. To Before you can determine the taxable portion of your pay these expenses, you withdrew $800 from your Cover- Coverdell ESA distribution, you must reduce your total dell ESA and $4,200 from your QTP. No one claimed you QHEE. as a dependent, nor were you eligible for an education credit. You didn't receive any tax-free educational assis- tance in 2022. You must allocate your total qualified edu- cation expenses between the two distributions. 1. You know that tax-free treatment will be available if you apply your $800 Coverdell ESA distribution to- ward your $1,000 of qualified education expenses for Page 46 Chapter 6 Coverdell Education Savings Account (ESA) |
Page 47 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. high school. The qualified expenses are greater than unrecovered basis. Your basis is the total amount of con- the distribution, making the $800 Coverdell ESA dis- tributions to that Coverdell ESA. tribution tax free. 2. Next, you match your $4,200 QTP distribution to your Additional Tax on Taxable Distributions $3,000 of QHEE, and find you have an excess QTP distribution of $1,200 ($4,200 QTP − $3,000 QHEE). Generally, if you receive a taxable distribution, you must You can't use the extra $200 of high school expenses also pay a 10% additional tax on the amount included in (from (1) above) against the QTP distribution because income. those expenses are not high school tuition expenses Exceptions. The 10% additional tax doesn't apply to the and don't qualify a QTP for tax-free treatment. following distributions. 3. Finally, you figure the taxable and tax-free portions of 1. Paid to a beneficiary (or to the estate of the designa- your QTP distribution based on your $3,000 of QHEE. ted beneficiary) on or after the death of the designa- (See Figuring the Taxable Portion of a Distribution in ted beneficiary. chapter 7 for more information.) 2. Made because the designated beneficiary is disabled. Example 2. Assume the same facts as in Example 1, A person is considered to be disabled if proof is provi- except that you withdrew $1,800 from your Coverdell ESA ded showing there is a physical or mental impairment and $3,200 from your QTP. In this case, you allocate your that substantially limits any gainful activity. A physi- qualified education expenses as follows. cian must determine that the person's condition can 1. Using the same reasoning as in Example 1, you be expected to result in death or to be of long-contin- match $1,000 of your Coverdell ESA distribution to ued and indefinite duration. your $1,000 of QESEE—you have $800 of your distri- 3. Included in income because the designated benefi- bution remaining. ciary received: 2. Because higher education expenses can also qualify a. A tax-free scholarship or fellowship grant (see a Coverdell ESA distribution for tax-free treatment, Tax-Free Scholarships and Fellowship Grants in you allocate your $3,000 of QHEE between the re- chapter 1); maining $800 Coverdell ESA and the $3,200 QTP dis- tributions ($4,000 total). b. Veterans' educational assistance (see Veterans' Benefits in chapter 1); $3,000 $800 ESA distribution $600 c. Employer-provided educational assistance (see × = QHEE $4,000 total distribution QHEE (ESA) chapter 10); or $2,400 d. Any other nontaxable (tax-free) payments (other $3,000 $3,200 QTP distribution than gifts or inheritances) received as educational × = QHEE QHEE $4,000 total distribution assistance. (QTP) 3. You then figure the taxable part of the following. This exception applies only to the extent the distri- bution isn't more than the scholarship, allowance, or a. Coverdell ESA distribution based on qualified edu- payment. cation expenses of $1,600 ($1,000 QESEE + $600 QHEE). See Figuring the Taxable Portion of 4. Made on account of the attendance of the designated a Distribution, earlier, in this chapter. beneficiary at a U.S. military academy (such as the USMA at West Point). This exception applies only to b. QTP distribution based on her $2,400 of QHEE the extent that the amount of the distribution doesn't (see Figuring the Taxable Portion of a Distribution exceed the costs of advanced education (as defined in chapter 7). in section 2005(d)(3) of title 10 of the U.S. Code) at- The above examples show two types of allocation tributable to such attendance. TIP between distributions from a Coverdell ESA and a 5. Included in income only because the qualified educa- QTP. However, you don't have to allocate your tion expenses were taken into account in determining expenses in the same way. You can use any reasonable the American opportunity or lifetime learning credit method. (see Coordination With American Opportunity and Lifetime Learning Credits, earlier). Losses on Coverdell ESA Investments 6. Made before June 1, 2023, of an excess 2022 contri- bution (and any earnings on it). The distributed earn- For tax years beginning after 2017 and before 2026, if you ings must be included in gross income for the year in have a loss on your investment in a Coverdell ESA, you which the excess contribution was made. can’t deduct the loss on your income tax return. You have a loss only when all amounts from that account have been Figuring the additional tax. Use Part II of Form 5329 to distributed and the total distributions are less than your figure any additional tax. Report the amount on Schedule 2 (Form 1040), line 8. Chapter 6 Coverdell Education Savings Account (ESA) Page 47 |
Page 48 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet 6-3 Instructions. Coverdell ESA—Taxable Distributions and Basis Line G. Enter the total distributions received from all Coverdell ESAs during 2022. Don't include amounts rolled over to another ESA within 60 days (only one rollover is allowed during any 12-month period). Also, don't include excess contributions that were distributed with the related earnings (or less any loss) before the first day of the sixth month of the tax year following the year for which the contributions were made. Line 2. Your basis (amount already taxed) in this Coverdell ESA as of December 31, 2021, is the total of: • All contributions to this Coverdell ESA before 2022, minus • The tax-free portion of any distributions from this Coverdell ESA before 2022. If your last distribution from this Coverdell ESA was before 2022, you must start with the basis in your account as of the end of the last year in which you took a distribution. For years before 2002, you can find that amount on the last line of the worksheet in the Instructions for Form 8606, Nondeductible IRAs, that you completed for that year. For years after 2001, you can find that amount by using the ending basis from the worksheet in Pub. 970 for that year. You can determine your basis in this Coverdell ESA as of December 31, 2021, by adding to the basis as of the end of that year any contributions made to that account after the year of the distribution and before 2022. Line 4. Enter the total distributions received from this Coverdell ESA in 2022. Don't include amounts rolled over to another Coverdell ESA within 60 days (only one rollover is allowed during any 12-month period). Also, don't include excess contributions that were distributed with the related earnings (or less any loss) before the first day of the sixth month of the tax year following the year of the contributions. Line 7. Enter the total value of this Coverdell ESA as of December 31, 2022, plus any outstanding rollovers contributed to the account after 2021, but before the end of the 60-day rollover period. A statement should be sent to you by January 31, 2023, for this Coverdell ESA showing the value on December 31, 2022. A rollover is a tax-free withdrawal from one Coverdell ESA that is contributed to another Coverdell ESA. An outstanding rollover is any amount withdrawn within 60 days before the end of 2022 (November 2 through December 31) that was rolled over after December 31, 2022, but within the 60-day rollover period. When Assets Must Be Distributed How To Figure the Taxable Earnings Any assets remaining in a Coverdell ESA must be distrib- When a total distribution is made because the designated uted when either one of the following two events occurs. beneficiary either reached age 30 or died, the earnings that accumulated tax free in the account must be included 1. The designated beneficiary reaches age 30. In this in taxable income. You determine these earnings as case, the remaining assets must be distributed within shown in the following two steps. 30 days after the beneficiary reaches age 30. How- ever, this rule doesn't apply if the beneficiary is a spe- 1. Multiply the amount distributed by a fraction. The nu- cial needs beneficiary. merator (top part) is the basis (contributions not previ- ously distributed) at the end of 2021 plus total contri- 2. The designated beneficiary dies. In this case, the re- butions for 2022, and the denominator (bottom part) is maining assets must generally be distributed within the balance in the account at the end of 2022 plus the 30 days after the date of death. amount distributed during 2022. Exception for Transfer to Surviving Spouse 2. Subtract the amount figured in (1) from the total or Family Member amount distributed during 2022. The result is the amount of earnings included in the distribution. If a Coverdell ESA is transferred to a surviving spouse or other family member as the result of the death of the des- For an example, see steps 1 and 2 of the Example un- ignated beneficiary, the Coverdell ESA retains its status. der Figuring the Taxable Portion of a Distribution, earlier. (“Family member” was defined earlier under Rollovers.) The beneficiary or other person receiving the distribu- This means the spouse or other family member can treat tion must report this amount on Schedule 1 (Form 1040), the Coverdell ESA as their own and doesn't need to with- line 8z, listing the type and amount of income. draw the assets until they reach age 30. This age limita- tion doesn't apply if the new beneficiary is a special needs beneficiary. There are no tax consequences as a result of the transfer. Page 48 Chapter 6 Coverdell Education Savings Account (ESA) |
Page 49 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet 6-3. Coverdell ESA—Taxable Distributions and Basis Keep for Your Records How to complete this worksheet. • Complete Part I, lines A through H, on only one worksheet. • Complete a separate Part II, lines 1 through 15, for each of your Coverdell ESAs. • Complete Part III, the Summary (line 16), on only one worksheet. Caution. If you had a distribution from a qualified tuition program (QTP), see Coordination With Qualified Tuition Program (QTP) Distributions. Part I. Qualified Education Expenses (Complete for total expenses.) A. Enter your total qualified education expenses for 2022 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. B. Enter those qualified education expenses paid for with tax-free educational assistance (for example, tax-free scholarships, veterans' educational benefits, Pell grants, employer-provided educational assistance) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. C. Enter those qualified higher education expenses deducted on Schedule C (Form 1040), Schedule F (Form 1040), or Schedule 1 (Form 1040), line 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C. D. Enter those qualified higher education expenses on which an American opportunity or lifetime learning credit was based . . . . . . . D. E. Add lines B, C, and D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E. F. Subtract line E from line A. This is your AQEE for 2022 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F. G. Enter your total distributions from all Coverdell ESAs during 2022. Don't include rollovers or the return of excess contributions. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G. H. Divide line F by line G. Enter the result as a decimal (rounded to at least 3 places). If the result is 1.000 or more, enter 1.000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H. . Part II. Taxable Distributions and Basis (Complete separately for each account.) 1. Enter the amount contributed to this Coverdell ESA for 2022, including contributions made for 2022 from January 1, 2023, through the due date (not including extensions) for filing your 2022 return. Don't include rollovers or the return of excess contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. 2. Enter your basis in this Coverdell ESA as of December 31, 2021. See instructions . . . . . . . . . . . . . . . 2. 3. Add lines 1 and 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. 4. Enter the total distributions from this Coverdell ESA during 2022. Don't include rollovers or the return of excess contributions. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. 5. Multiply line 4 by line H. This is the amount of AQEE attributable to this Coverdell ESA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. 6. Subtract line 5 from line 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. 7. Enter the total value of this Coverdell ESA as of December 31, 2022, plus any outstanding rollovers. See instructions . . . . . . . . . . . . . . . . . . 7. 8. Add lines 4 and 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. 9. Divide line 3 by line 8. Enter the result as a decimal (rounded to at least 3 places). If the result is 1.000 or more, enter 1.000 . . . . . . . . . . . . . . . 9. . 10. Multiply line 4 by line 9. This is the amount of basis allocated to your distributions, and is tax free . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10. Note. If line 6 is zero, skip lines 11 through 13, enter -0- on line 14, and go to line 15. 11. Subtract line 10 from line 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. 12. Divide line 5 by line 4. Enter the result as a decimal (rounded to at least 3 places). If the result is 1.000 or more, enter 1.000 . . . . . . . . . 12. . 13. Multiply line 11 by line 12. This is the amount of qualified education expenses allocated to your distributions, and is tax free . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13. 14. Subtract line 13 from line 11. This is the portion of the distributions from this Coverdell ESA in 2022 that you must include in income . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14. 15. Subtract line 10 from line 3. This is your basis in this Coverdell ESA as of December 31, 2022 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15. Part III. Summary (Complete only once.) 16. Taxable amount. Add together all amounts on line 14 for all your Coverdell ESAs. Enter here and include on Schedule 1 (Form 1040), line 8z, listing the type and amount of income . . . . . . . . . 16. Chapter 6 Coverdell Education Savings Account (ESA) Page 49 |
Page 50 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Designated beneficiary. The designated beneficiary is generally the student (or future student) for whom the QTP 7. is intended to provide benefits. The designated benefi- ciary can be changed after participation in the QTP be- gins. If a state or local government or certain tax-exempt Qualified Tuition Program organizations purchase an interest in a QTP as part of a scholarship program, the designated beneficiary is the person who receives the interest as a scholarship. (QTP) Eligible Educational Institution Introduction For purposes of a QTP, an eligible educational institution can be either an eligible postsecondary school or an eligi- QTPs are also called 529 plans. States may establish and ble elementary or secondary school. maintain programs that allow you to either prepay or con- tribute to an account for paying a student's qualified edu- Eligible postsecondary school. An eligible postsecon- cation expenses at an eligible educational institution. Eligi- dary school is generally any accredited public, nonprofit, ble educational institutions may establish and maintain or proprietary (privately owned profit-making) college, uni- programs that allow you to prepay a student's qualified versity, vocational school, or other postsecondary educa- education expenses. If you prepay tuition, the student tional institution. Also, the institution must be eligible to (designated beneficiary) will be entitled to a waiver or a participate in a student aid program administered by the payment of qualified education expenses. You can't de- U.S. Department of Education. Virtually all accredited duct either payments or contributions to a QTP. For infor- postsecondary institutions meet this definition. The edu- mation on a specific QTP, you will need to contact the cational institution should be able to tell you if it’s an eligi- state agency or eligible educational institution that estab- ble educational institution. lished and maintains it. An eligible educational institution also includes certain educational institutions located outside the United States What is the tax benefit of a QTP? No tax is due on a that are eligible to participate in a student aid program ad- distribution from a QTP unless the amount distributed is ministered by the U.S. Department of Education. greater than the beneficiary's adjusted qualified education expenses (AQEE). See Are Distributions Taxable, later, Eligible elementary or secondary school. An eligible for more information. elementary or secondary school is any public, private, or Even if a QTP is used to finance a student's edu- religious school that provides elementary or secondary TIP cation, the student or the student's parents may education (kindergarten through grade 12), as determined still be eligible to claim the American opportunity under state law. credit or the lifetime learning credit. See Coordination With American Opportunity and Lifetime Learning Credits, Qualified Higher Education Expenses later. These are expenses related to enrollment or attendance at an eligible postsecondary school. As shown in the fol- lowing list, to be qualified, some of the expenses must be What Is a QTP? required by the school and some must be incurred by stu- dents who are enrolled at least half-time, defined later. A QTP is a program set up to allow you to either prepay or 1. The following expenses must be required for enroll- contribute to an account established for paying a student's ment or attendance of a designated beneficiary at an qualified education expenses at an eligible educational in- eligible postsecondary school. stitution. QTPs can be established and maintained by states (or agencies or instrumentalities of a state) and eli- a. Tuition and fees. gible educational institutions. The program must meet cer- b. Books, supplies, and equipment. tain requirements. Your state government or the eligible educational institution in which you are interested can tell 2. Expenses for special needs services needed by a you whether or not they participate in a QTP. special needs beneficiary must be incurred in connec- tion with enrollment or attendance at an eligible post- Qualified Education Expenses secondary school. 3. Expenses for room and board must be incurred by Generally, these are expenses required for the enrollment students who are enrolled at least half-time (defined or attendance of the designated beneficiary at an eligible later). educational institution. For purposes of QTPs, the expen- The expense for room and board qualifies only to ses can be either qualified higher education expenses or the extent that it isn't more than the greater of the fol- qualified elementary and secondary education expenses. lowing two amounts. Page 50 Chapter 7 Qualified Tuition Program (QTP) |
Page 51 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. a. The allowance for room and board, as determined You can contribute to both a QTP and a Coverdell edu- by the school, that was included in the cost of at- cation savings account (ESA) in the same year for the tendance (for federal financial aid purposes) for a same designated beneficiary. particular academic period and living arrangement of the student. b. The actual amount charged if the student is resid- Recontribution of Refunded ing in housing owned or operated by the school. Amounts You may need to contact the eligible educational institution for qualified room and board costs. If a student receives a refund of qualified education ex- 4. The purchase of computer or peripheral equipment, penses that were treated as paid by a QTP distribution, computer software, or Internet access and related the student can recontribute these amounts into any QTP services, if it's to be used primarily by the beneficiary for which they are the beneficiary within 60 days after the during any of the years the beneficiary is enrolled at date of the refund to avoid the need to figure the taxable an eligible postsecondary school. (This doesn't in- part of the QTP distribution. clude expenses for computer software for sports, games, or hobbies unless the software is predomi- nantly educational in nature.) Are Distributions Taxable? 5. The expenses for fees, books, supplies, and equip- ment required for the designated beneficiary’s partici- The part of a distribution representing the amount paid or pation in an apprenticeship program registered and contributed to a QTP doesn't have to be included in in- certified with the Secretary of Labor under section 1 of come. This is a return of the investment in the plan. the National Apprenticeship Act. The designated beneficiary generally doesn't have to 6. No more than $10,000 paid as principal or interest on include in income any earnings distributed from a QTP if qualified student loans of the designated beneficiary the total distribution is less than or equal to AQEE (defined or the designated beneficiary’s sibling. A sibling in- under Figuring the Taxable Portion of a Distribution, later). cludes a brother, sister, stepbrother, or stepsister. For Earnings and return of investment. You will receive a purposes of the $10,000 limitation, amounts treated Form 1099-Q from each of the programs from which you as a qualified higher education expense for the loans received a QTP distribution in 2022. The amount of your of a sibling are taken into account for the sibling and gross distribution (box 1) shown on each form will be divi- not for the designated beneficiary. You can’t deduct ded between your earnings (box 2) and your basis, or re- as interest on a student loan (see chapter 4) any turn of investment (box 3). Form 1099-Q should be sent to amount paid from a distribution of earnings from a you by January 31, 2023. QTP after 2018 to the extent the earnings are treated as tax free because they were used to pay student loan interest. Figuring the Taxable Portion of a Distribution Half-time student. A student is enrolled “at least half-time” if the student is enrolled for at least half the To determine if total distributions for the year are more or full-time academic workload for the course of study the less than the amount of qualified education expenses, you student is pursuing, as determined under the standards of must compare the total of all QTP distributions for the tax the school where the student is enrolled. year to the AQEE. Qualified Elementary and Secondary Adjusted qualified education expenses (AQEE). This amount is the total qualified education expenses reduced Education Expenses by any tax-free educational assistance. Tax-free educa- These are expenses for no more than $10,000 of tuition, tional assistance includes: incurred by a designated beneficiary, in connection with • The tax-free part of scholarships and fellowship grants enrollment or attendance at an eligible elementary or sec- (see Tax-Free Scholarships and Fellowship Grants in ondary school. chapter 1); • Veterans' educational assistance (see Veterans' Ben- efits in chapter 1); How Much Can You • The tax-free part of Pell grants (see Pell Grants and Contribute? Other Title IV Need-Based Education Grants in chap- ter 1); Contributions to a QTP on behalf of any beneficiary can't • Employer-provided educational assistance (see chap- be more than the amount necessary to provide for the ter 10); and qualified education expenses of the beneficiary. There are no income restrictions on the individual contributors. Chapter 7 Qualified Tuition Program (QTP) Page 51 |
Page 52 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Any other nontaxable (tax-free) payments (other than Coordination With American Opportunity gifts or inheritances) received as educational assis- and Lifetime Learning Credits tance. An American opportunity or lifetime learning credit (edu- Taxable earnings. Use the following steps to figure the cation credit) can be claimed in the same year the benefi- taxable part. ciary takes a tax-free distribution from a QTP, as long as 1. Multiply the total distributed earnings shown in box 2 the same expenses aren't used for both benefits. This of Form 1099-Q by a fraction. The numerator (top means that after the beneficiary reduces qualified educa- part) is the AQEE paid during the year, and the de- tion expenses by tax-free educational assistance, the nominator (bottom part) is the total amount distributed beneficiary must further reduce them by the expenses during the year. taken into account in determining the credit. 2. Subtract the amount figured in (1) from the total dis- Example 2. Assume the same facts as in Example 1, tributed earnings. The result is the amount the benefi- except that the parents claimed an American opportunity ciary must include in income. Report it on Schedule 1 credit of $2,500 (based on $4,000 expenses). (Form 1040), line 8z. Total qualified education expenses . . . . . . . . . $8,300 Example 1. In 2014, a young student’s parents Minus: Tax-free educational assistance. . . . . . − 3,100 opened a savings account for them with a QTP main- Minus: Expenses taken into account in figuring tained by their state government. Over the years, the pa- American opportunity credit. . . . . . . . . . . . . . − 4,000 rents contributed $18,000 to the account. The total bal- Equals: AQEE . . . . . . . . . . . . . . . . . . . . . . . . $1,200 ance in the account was $27,000 on the date the distribution was made. In the summer of 2022, the student enrolled in college and had $8,300 of qualified education The taxable part of the distribution is figured as follows. expenses for the rest of the year. The college expenses $1,200 AQEE were paid from the following sources. 1. $950 (earnings) × $5,300 distribution = $215 (tax-free earnings) Gift from parents. . . . . . . . . . . . . . . . . . . . $1,600 Partial tuition scholarship (tax free). . . . . . . 3,100 2. $950 (earnings) − $215 (tax-free earnings) QTP distribution. . . . . . . . . . . . . . . . . . . . 5,300 = $735 (taxable earnings) Before the student can determine the taxable part of The student must include $735 in income (Schedule 1 their QTP distribution, they must reduce their total quali- (Form 1040), line 8z). This represents distributed earnings fied education expenses by any tax-free educational as- not used for AQEE. sistance. Coordination With Coverdell ESA Total qualified education expenses . . . . . . $8,300 Distributions Minus: Tax-free educational assistance . . . – 3,100 Equals: AQEE. . . . . . . . . . . . . . . . . . . . . $5,200 If a designated beneficiary receives distributions from Since the remaining expenses ($5,200) are less than the both a QTP and a Coverdell ESA in the same year, and QTP distribution, part of the earnings will be taxable. the total of these distributions is more than the benefi- The student’s Form 1099-Q shows that $950 of the ciary's AQEE, the expenses must be allocated between QTP distribution is earnings. They figure the taxable part the distributions. of the distributed earnings as follows. Example 3. Assume the same facts as in Example 2, except that instead of receiving a $5,300 distribution from $5,200 AQEE 1. $950 (earnings) × their QTP, the student received $4,600 from that account $5,300 distribution and $700 from their Coverdell ESA. In this case, the stu- = $932 (tax-free earnings) dent must allocate their $1,200 of AQEE between the two distributions. 2. $950 (earnings) − $932 (tax-free earnings) = $18 (taxable earnings) $1,200 $700 ESA distribution $158 × = They must include $18 in income (Schedule 1 (Form AQEE $5,300 total distribution AQEE (ESA) 1040), line 8z) as distributed QTP earnings not used for AQEE. $1,200 $4,600 QTP distribution $1,042 × = AQEE $5,300 total distribution AQEE (QTP) The student then figures the taxable portion of their Coverdell ESA distribution based on qualified education expenses of $158, and the taxable portion of their QTP distribution based on the other $1,042. Page 52 Chapter 7 Qualified Tuition Program (QTP) |
Page 53 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Note. If you are required to allocate your expenses be- 4. Made on account of the attendance of the designated tween Coverdell ESA and QTP distributions, and you beneficiary at a U.S. military academy (such as the have adjusted qualified elementary and secondary educa- USNA at Annapolis). This exception applies only to tion expenses, see the examples in chapter 6 under Coor- the extent that the amount of the distribution doesn't dination With Qualified Tuition Program (QTP) Distribu- exceed the costs of advanced education (as defined tions. in section 2005(d)(3) of title 10 of the U.S. Code) at- tributable to such attendance. Losses on QTP Investments 5. Included in income only because the qualified educa- tion expenses were taken into account in determining For tax years beginning after 2017 and before 2026, if you the American opportunity or lifetime learning credit have a loss on your investment in a QTP account, you (see Coordination With American Opportunity and can’t claim the loss on your income tax return. You have a Lifetime Learning Credits, earlier). loss only when all amounts from that account have been distributed and the total distributions are less than your Figuring the additional tax. Use Part II of Form 5329 to unrecovered basis. Your basis is the total amount of con- figure any additional tax. Report the amount on Schedule tributions to that QTP account. 2 (Form 1040), line 8. The aggregation rules that applied if you had dis- ! tributions from more than one QTP account dur- CAUTION ing a year were eliminated for distributions after Rollovers and Other Transfers 2014. For more information, see Notice 2016-13, available at IRS.gov/IRB/2016-07_IRB#NOT-2016-13. Assets can be rolled over or transferred from one QTP to another or from a QTP to an ABLE account. In addition, the designated beneficiary can be changed without trans- Additional Tax on Taxable ferring accounts. Distributions Rollovers Generally, if you receive a taxable distribution, you must also pay a 10% additional tax on the amount included in Any amount distributed from a QTP isn't taxable if it's rol- income. led over to either: Exceptions. The 10% additional tax doesn't apply to the • Another QTP for the benefit of the same beneficiary or following distributions. for the benefit of a member of the beneficiary's family (including the beneficiary's spouse), or 1. Paid to a beneficiary (or to the estate of the designa- ted beneficiary) on or after the death of the designa- • An ABLE account for the benefit of the same benefi- ted beneficiary. ciary or for the benefit of a member of the beneficiary’s family (including the beneficiary’s spouse). But this 2. Made because the designated beneficiary is disabled. doesn’t apply to the extent the amount distributed A person is considered to be disabled if proof is provi- when added to other amounts contributed to the ABLE ded showing there is a physical or mental impairment account exceeds the annual contribution limit. For that substantially limits any gainful activity. A physi- more information about ABLE accounts, see Pub. cian must determine that the person's condition can 907, Tax Highlights for Persons With Disabilities. be expected to result in death or to be of long-contin- ued and indefinite duration. You should contact the qualified ABLE program before contributing any funds to the ABLE ac- 3. Included in income because the designated benefi- CAUTION! count to ensure that the contribution limit will not ciary received: be exceeded. a. A tax-free scholarship or fellowship grant (see Tax-Free Scholarships and Fellowship Grants in An amount is rolled over if it's paid to an ABLE account chapter 1); or another QTP within 60 days after the date of the distri- bution. b. Veterans' educational assistance (see Veterans' Benefits in chapter 1); Don't report qualifying rollovers (those that meet the above criteria) anywhere on Form 1040, 1040-SR, or c. Employer-provided educational assistance (see 1040-NR. These aren't taxable distributions. chapter 10); or Members of the beneficiary's family. For these purpo- d. Any other nontaxable (tax-free) payments (other ses, the beneficiary's family includes the beneficiary's than gifts or inheritances) received as educational spouse and the following other relatives of the beneficiary. assistance. 1. Son, daughter, stepchild, foster child, adopted child, This exception only applies to the extent the distri- or a descendant of any of them. bution isn't more than the scholarship, allowance, or payment. 2. Brother, sister, stepbrother, or stepsister. Chapter 7 Qualified Tuition Program (QTP) Page 53 |
Page 54 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 3. Father or mother or ancestor of either. information on SEP-IRAs, and Pub. 590-B for information about distributions from all other IRAs. 4. Stepfather or stepmother. However, you can take distributions from your IRAs for 5. Son or daughter of a brother or sister. qualified higher education expenses without having to pay the 10% additional tax. You may owe income tax on at 6. Brother or sister of father or mother. least part of the amount distributed, but you may not have 7. Son-in-law, daughter-in-law, father-in-law, to pay the 10% additional tax. mother-in-law, brother-in-law, or sister-in-law. Generally, if the taxable part of the distribution is less than or equal to the adjusted qualified education expen- 8. The spouse of any individual listed above. ses (AQEE), none of the distribution is subject to the addi- 9. First cousin. tional tax. If the taxable part of the distribution is more than the AQEE, only the excess is subject to the additional tax. Example. When you graduated from college in Janu- ary last year, you had $5,000 left in your QTP. You wanted to give this money to your younger sibling, who was in jun- ior high school. In order to avoid paying tax on the distri- Who Is Eligible? bution of the amount remaining in your account, you con- You can take a distribution from your IRA before you tributed the same amount to your sibling's QTP within 60 1 2 reach age 59 / and not have to pay the 10% additional days of the distribution. tax if, for the year of the distribution, you pay qualified ed- If the rollover is to another QTP for the same ben- ucation expenses for: ! eficiary, only one rollover is allowed within 12 • Yourself; CAUTION months of a previous transfer to any QTP for that designated beneficiary. • Your spouse; • Your or your spouse's child, foster child, or adopted child; or Changing the Designated Beneficiary • Your or your spouse’s grandchild. There are no income tax consequences if the designated beneficiary of an account is changed to a member of the Qualified education expenses. For purposes of the beneficiary's family. See Members of the beneficiary's 10% additional tax, these expenses are tuition, fees, family, earlier. books, supplies, and equipment required for enrollment or attendance at an eligible educational institution. They also Example. Assume the same situation as in the last ex- include expenses for special needs services incurred by ample. Instead of closing your QTP and paying the distri- or for special needs students in connection with their en- bution into your sibling's QTP, you could have instructed rollment or attendance. the trustee of your account to simply change the name of In addition, if the student is at least a half-time student, the beneficiary on the account to that of your sibling. room and board are qualified education expenses. The expense for room and board qualifies only to the extent that it isn't more than the greater of the following two amounts. 1. The allowance for room and board, as determined by the eligible educational institution, that was included 8. in the cost of attendance (for federal financial aid pur- poses) for a particular academic period and living ar- rangement of the student. Education Exception to 2. The actual amount charged if the student is residing in housing owned or operated by the eligible educa- Additional Tax on Early tional institution. IRA Distributions You may need to contact the eligible educational institu- tion for qualified room and board costs. Eligible educational institution. An eligible educational Introduction institution is generally any accredited public, nonprofit, or Generally, if you take a distribution from your IRA before proprietary (privately owned profit-making) college, uni- you reach age 59 / , you must pay a 10% additional tax 1 2 versity, vocational school, or other postsecondary educa- on the early distribution. This applies to any IRA you own, tional institution. Also, the institution must be eligible to whether it is a traditional IRA (including a SEP-IRA), a participate in a student aid program administered by the Roth IRA, or a SIMPLE IRA. The additional tax on an early U.S. Department of Education. Virtually all accredited distribution from a SIMPLE IRA may be as high as 25%. See Pub. 560, Retirement Plans for Small Business, for Page 54 Chapter 8 Education Exception to Additional Tax on Early IRA Distributions |
Page 55 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. postsecondary institutions meet this definition. The edu- Employer-provided educational assistance cational institution should be able to tell you if it is an eligi- (tax free). . . . . . . . . . . . . . . . . . . . . . . . . . $5,000 ble educational institution. Early distribution from IRA An eligible educational institution also includes certain (taxable part is $500). . . . . . . . . . . . . . . . . . 3,200 educational institutions located outside the United States that are eligible to participate in a student aid program ad- Before the teacher can determine if they must pay the ministered by the U.S. Department of Education. 10% additional tax on their IRA distribution, they must re- Half-time student. A student is enrolled “at least duce their total qualified education expenses. half-time” if the student is enrolled for at least half the full-time academic workload for the course of study the Total qualified education expenses . . . . . . . . . $5,800 student is pursuing as determined under the standards of Minus: Tax-free educational assistance . . . . . . − 5,000 the school where the student is enrolled. Equals: AQEE $ 800 Because the teacher’s AQEE ($800) is more than the taxable part of their IRA distribution ($500), they don't Figuring the Amount Not have to pay the 10% additional tax on any part of this dis- tribution. However, they must include the $500 taxable Subject to the 10% Tax earnings in their gross income subject to income tax. To determine the amount of your distribution that isn't sub- Example 2. Assume the same facts as in Example 1, ject to the 10% additional tax, first figure your AQEE. You except that the teacher deducted some of the contribu- do this by reducing your total qualified education expen- tions to their IRA, so the taxable part of their early distribu- ses by any tax-free educational assistance, which in- tion is $1,000. This must be included in their income sub- cludes: ject to income tax. • Expenses used to figure the tax-free portion of distri- The taxable part of the teacher's IRA distribution butions from a Coverdell education savings account ($1,000) is larger than their $800 AQEE. Therefore, they (ESA) (see Distributions in chapter 6); must pay the 10% additional tax on $200, the taxable part • The tax-free part of scholarships and fellowship grants of their distribution ($1,000) that is more than their AQEE (see Tax-Free Scholarships and Fellowship Grants in ($800). The teacher doesn't have to pay the 10% addi- chapter 1); tional tax on the remaining $800 of their taxable distribu- tion. • The tax-free part of Pell grants (see Pell Grants and Other Title IV Need-Based Education Grants in chap- ter 1); Reporting Early Distributions • Veterans' educational assistance (see Veterans' Ben- efits in chapter 1); By January 31, 2023, the payer of your IRA distribution • Employer-provided educational assistance (see chap- should send you Form 1099-R, Distributions From Pen- ter 10); and sions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc. The information on this form will • Any other nontaxable (tax-free) payments (other than help you determine how much of your distribution is taxa- gifts or inheritances) received as educational assis- ble for income tax purposes and how much is subject to tance. the 10% additional tax. Don't reduce the qualified education expenses by If you received an early distribution from your IRA, you amounts paid with funds the student receives as: must report the taxable part of the distribution on Form • Payment for services, such as wages; 1040, 1040-SR, or 1040-NR, line 4b. Then, if you qualify for an exception for qualified higher education expenses, • A loan; you must file Form 5329 to show how much, if any, of your • A gift; early distribution is subject to the 10% additional tax. See • An inheritance given to either the student or the indi- the instructions for Form 5329, Part I, for help in complet- vidual making the withdrawal; or ing the form and entering the results on Schedule 2 (Form 1040), line 8. • A withdrawal from personal savings (including savings from a qualified tuition program (QTP)). There are many other situations in which Form 5329 is required. If, during 2022, you had other distributions from If your IRA distribution is equal to or less than your IRAs or qualified retirement plans, or have made excess AQEE, you aren't subject to the 10% additional tax. contributions to certain tax-favored accounts, see the in- structions for Schedule 2 (Form 1040), line 8, to determine Example 1. In 2022, a teacher (age 32) took a year off if you must file Form 5329. from teaching to attend graduate school full-time. They paid $5,800 of qualified education expenses from the fol- lowing sources. Chapter 8 Education Exception to Additional Tax on Early IRA Distributions Page 55 |
Page 56 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Qualified education expenses. These include the fol- lowing items you pay for either yourself, your spouse, or a 9. dependent. 1. Tuition and fees required to enroll at or attend an eligi- ble educational institution. Qualified education expen- Education Savings Bond ses don't include expenses for room and board or for courses involving sports, games, or hobbies that Program aren't part of a degree or certificate-granting program. 2. Contributions to a qualified tuition program (QTP) What's New (see How Much Can You Contribute in chapter 7). Modified adjusted gross income (MAGI) limits. For 3. Contributions to a Coverdell education savings ac- 2022, the amount of your education savings bond interest count (ESA) (see Contributions in chapter 6). exclusion is gradually reduced (phased out) if your MAGI Adjusted qualified education expenses (AQEE). is between $85,800 and $100,800 ($128,650 and You must reduce your qualified education expenses by all $158,650 if you file a joint return). You can't exclude any of the following tax-free benefits. of the interest if your MAGI is $100,800 or more ($158,650 or more if you file a joint return). 1. Tax-free part of scholarships and fellowship grants (see Tax-Free Scholarships and Fellowship Grants in chapter 1). Introduction 2. Expenses used to figure the tax-free portion of distri- Generally, you must pay tax on the interest earned on butions from a Coverdell ESA (see Qualified Educa- U.S. savings bonds. If you don't include the interest in in- tion Expenses in chapter 6). come in the years it is earned, you must include it in your 3. Expenses used to figure the tax-free portion of distri- income in the year in which you cash in the bonds. butions from a QTP (see Qualified Education Expen- However, when you cash in certain savings bonds un- ses in chapter 7). der an education savings bond program, you may be able to exclude the interest from income. 4. Any tax-free payments (other than gifts or inheritan- ces) received as educational assistance, such as: a. Veterans' educational assistance benefits (see Who Can Cash in Bonds Tax Veterans' Benefits in chapter 1); b. Qualified tuition reductions (see Qualified Tuition Free? Reduction in chapter 1); or You may be able to cash in qualified U.S. savings bonds c. Employer-provided educational assistance (see without having to include in your income some or all of the chapter 10). interest earned on the bonds if you meet the following 5. Any expenses used in figuring the American opportu- conditions. nity and lifetime learning credits. See What Expenses • You pay qualified education expenses for yourself, Qualify in chapter 2 (American opportunity credit), your spouse, or a dependent. and What Expenses Qualify in chapter 3 (lifetime • Your MAGI is less than $100,800 ($158,650 if married learning credit), for more information. filing jointly). Eligible educational institution. An eligible educa- • Your filing status isn't married filing separately. tional institution is any college, university, vocational school, or other postsecondary educational institution eli- Qualified U.S. savings bonds. A qualified U.S. savings gible to participate in a student aid program administered bond is a series EE bond issued after 1989 or a series I by the U.S. Department of Education. It includes virtually bond. The bond must be issued either in your name (as all accredited public, nonprofit, and proprietary (privately the sole owner) or in the name of both you and your owned profit-making) postsecondary institutions. The edu- spouse (as co-owners). cational institution should be able to tell you if it is an eligi- The owner must be at least 24 years old before the ble educational institution. bond's issue date. The issue date is printed on the front of Certain educational institutions located outside the Uni- the savings bond. ted States also participate in the U.S. Department of Edu- cation's Federal Student Aid (FSA) programs. The issue date isn't necessarily the date of pur- ! chase—it will be the first day of the month in Dependent. A person who qualifies as your depend- CAUTION which the bond is purchased (or posted, if bought ent will be listed by name in the Dependents section of electronically). your Form 1040 or 1040-SR. See the Instructions for Form 1040. Page 56 Chapter 9 Education Savings Bond Program |
Page 57 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Modified adjusted gross income (MAGI). For most interest of $3,000. In 2022, they paid $7,650 of their taxpayers, MAGI is adjusted gross income (AGI) as fig- child's college tuition. They aren't claiming an American ured on their federal income tax return without taking into opportunity or lifetime learning credit for those expenses, account this interest exclusion. However, as discussed and their child doesn't have any tax-free educational as- below, there may be other modifications. sistance. Their MAGI for 2022 was $80,000. Your MAGI is the AGI on line 11 of Form 1040 or 1040-SR figured without taking into account any savings $3,000 $7,650 AQEE $2,550 × = bond interest exclusion and modified by adding back any: interest $9,000 proceeds tax-free interest 1. Foreign earned income exclusion, They can exclude $2,550 of interest in 2022. They must 2. Foreign housing exclusion, pay tax on the remaining $450 ($3,000 − $2,550) of inter- est. 3. Foreign housing deduction, 4. Exclusion of income by bona fide residents of Ameri- Effect of the Amount of Your Income can Samoa, on the Amount of Your Exclusion 5. Exclusion of income by bona fide residents of Puerto Rico, The amount of your interest exclusion is gradually re- duced (phased out) if your MAGI is between $85,800 and 6. Exclusion for adoption benefits received under an em- $100,800 (between $128,650 and $158,650 if your filing ployer's adoption assistance program, and status is married filing jointly). You can’t exclude any of 7. Deduction for student loan interest. the interest if your MAGI is equal to or more than the up- per limit. Use the worksheet in the instructions for line 9 of Form 8815 to figure your MAGI. If you claim any of the exclusion The phaseout, if any, is figured for you when you fill out or deduction items (1)–(6) listed above, add the amount of Form 8815. the exclusion or deduction to the amount on line 5 of the worksheet. Don't add in the deduction for (7) student loan interest, because line 4 of the worksheet already includes Claiming the Exclusion this amount. Enter the total on Form 8815, line 9, as your MAGI. Use Form 8815 to figure your education savings bond in- Because the deduction for interest expenses at- terest exclusion. Enter your exclusion on line 3 of Sched- ule B (Form 1040), Interest and Ordinary Dividends. At- ! tributable to royalties and other investments is tach Form 8815 to your tax return. CAUTION limited to your net investment income, you can't figure the deduction until you have figured this interest ex- clusion. Therefore, if you had interest expenses attributa- ble to royalties and deductible on Schedule E (Form 1040), Supplemental Income and Loss, you must make a special computation of your deductible interest without re- gard to this exclusion to figure the net royalty income in- 10. cluded in your MAGI. See Royalties included in modified AGI under Education Savings Bond Program in chapter 1 of Pub. 550. Employer-Provided Educational Assistance Figuring the Tax-Free Amount If the total you receive when you cash in the bonds isn't Reminder more than the AQEE for the year, all of the interest on the bonds may be tax free. However, if the total you receive Educational assistance benefits. Employer-provided when you cash in the bonds is more than the adjusted ex- educational assistance benefits include payments made penses, only part of the interest may be tax free. after March 27, 2020, and before January 1, 2026, for principal or interest on any qualified education loan you in- To determine the tax-free amount, multiply the interest curred for your education. See Educational assistance part of the proceeds by a fraction. The numerator (top benefits. part) of the fraction is the AQEE you paid during the year. The denominator (bottom part) of the fraction is the total proceeds you received during the year. Introduction Example. In February 2022, a married couple cashed If you receive educational assistance benefits from your a qualified series EE U.S. savings bond. They received employer under an educational assistance program, you proceeds of $9,000, representing principal of $6,000 and can exclude up to $5,250 of those benefits each year. Chapter 10 Employer-Provided Educational Assistance Page 57 |
Page 58 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. This means your employer shouldn’t include those bene- in chapter 2 of Pub. 15-B, Employer's Tax Guide to Fringe fits with your wages, tips, and other compensation shown Benefits. in box 1 of your Form W-2. This also means that you don’t have to include the benefits on your income tax return. You can’t use any of the tax-free education ex- ! penses paid for by your employer as the basis for CAUTION any other deduction or credit, including the Ameri- can opportunity credit and lifetime learning credit. 11. Educational assistance program. To qualify as an edu- cational assistance program, the plan must be written and Business Deduction for must meet certain other requirements. Your employer can tell you whether there is a qualified program where you Work-Related Education work. Educational assistance benefits. Tax-free educational What's New assistance benefits include payments for tuition, fees and similar expenses, books, supplies, and equipment. Edu- Standard mileage rate. Generally, if you claim a busi- cation generally includes any form of instruction or training ness deduction for work-related education and you drive that improves or develops your capabilities. The pay- your car to and from school, the amount you can deduct ments don't have to be for work-related courses or cour- for miles driven from January 1, 2022, through June 30, ses that are part of a degree program. 2022, is 58.5 cents a mile. The amount you can deduct for Tax-free educational assistance benefits also include miles driven from July 1, 2022, through December 31, payments made after March 27, 2020, and before January 2022, is 62.5 cents a mile. For more information, see 1, 2026, whether paid to the employee or to a lender, of Transportation Expenses under What Expenses Can Be principal or interest on any qualified education loan (de- Deducted. fined later) incurred by the employee for education of the employee. Educational assistance benefits don't include payments Reminder for the following items. 1. Meals, lodging, or transportation. Miscellaneous itemized deductions. For tax years be- ginning after 2017 and before 2026, you no longer deduct 2. Tools or supplies (other than textbooks) that you can work-related education expenses as a miscellaneous keep after completing the course of instruction. itemized deduction subject to a 2%-of-adjusted-gross-in- 3. Courses involving sports, games, or hobbies unless come floor. they: a. Have a reasonable relationship to the business of Introduction your employer, or This chapter discusses work-related education expenses b. Are required as part of a degree program. you may be able to deduct as business expenses. Qualified education loan. A qualified education loan is To claim such a deduction, you must: generally the same as a qualified student loan. See Quali- • File Schedule C (Form 1040), Profit or Loss From fied Student Loan in chapter 4. However, as discussed Business, or Schedule F (Form 1040), Profit or Loss earlier, the loan must be incurred by the employee for ed- From Farming, if you are self-employed; ucation of the employee. • File Form 2106, Employee Business Expenses, if you Benefits over $5,250. If your employer pays more than are an Armed Forces reservist, a qualified performing $5,250 in educational assistance benefits for you during artist, a fee-based state or local government official, or the year, you must generally pay tax on the amount over an individual with a disability claiming impairment-rela- $5,250. Your employer should include in your wages ted education expenses; (box 1 of Form W-2) the amount that you must include in • Itemize your deductions on Schedule A (Form 1040) income. or Schedule A (Form 1040-NR), if you are an individ- Working condition fringe benefit. However, if the ual with a disability claiming impairment-related edu- benefits over $5,250 also qualify as a working condition cation expenses; and fringe benefit, your employer doesn't have to include them • Have expenses for education that meet the require- in your wages. A working condition fringe benefit is a ben- ments discussed under Qualifying Work-Related Edu- efit that, had you paid for it, would be allowable as a busi- cation, later. ness expense deduction. For more information on working condition fringe benefits, see Working Condition Benefits Page 58 Chapter 11 Business Deduction for Work-Related Education |
Page 59 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. What is the tax benefit of taking a business deduc- Education Required by tion for work-related education? If you are self-em- ployed, you deduct your expenses for qualifying work-re- Employer or by Law lated education directly from your self-employment Once you have met the minimum educational require- income. This reduces the amount of your income subject ments for your job, your employer or the law may require to both income tax and self-employment tax. you to get more education. This additional education is If you are an Armed Forces reservist, qualified perform- qualifying work-related education if all three of the follow- ing artist, or a fee-based state or local government official, ing requirements are met. you deduct your expenses for qualifying work-related edu- cation directly from your income as you figure your adjus- • It is required for you to keep your present salary, sta- ted gross income. tus, or job. If you are an individual with a disability and can itemize • The requirement serves a bona fide business purpose your deductions, you deduct your impairment-related edu- of your employer. cation expenses as an itemized deduction. An itemized deduction reduces the amount of your income subject to • The education isn't part of a program that will qualify tax. you for a new trade or business. Your work-related education expenses may also qualify When you get more education than your employer or you for other tax benefits, such as the American opportu- the law requires, the additional education can be qualify- nity (see chapter 2) and lifetime learning (see chapter 3) ing work-related education only if it maintains or improves credits. You may qualify for these other benefits even if skills required in your present work. See Education To you don't meet the requirements listed above. Maintain or Improve Skills, later. Also, your work-related education expenses may qual- ify you to claim more than one tax benefit. Generally, you Example. You are a teacher who has satisfied the may claim any number of benefits as long as you use dif- minimum requirements for teaching. Your employer re- ferent expenses to figure each one. quires you to take an additional college course each year to keep your teaching job. If the courses won't qualify you for a new trade or business, they are qualifying work-rela- ted education even if you eventually receive a master's Qualifying Work-Related degree and an increase in salary because of this extra ed- ucation. Education As discussed earlier, self-employed individuals, Armed Education To Maintain or Forces reservists, certain artists, and certain government officials can deduct the costs of qualifying work-related Improve Skills education as business expenses. Individuals with a disa- If your education isn't required by your employer or the bility can deduct impairment expenses related to this edu- law, it can be qualifying work-related education only if it cation as an itemized deduction. This is education that maintains or improves skills needed in your present work. meets at least one of the following two tests. This could include refresher courses, courses on current • The education is required by your employer or the law developments, and academic or vocational courses. to keep your present salary, status, or job. The re- quired education must serve a bona fide business pur- Example. You repair televisions, radios, and stereo pose of your employer. systems for XYZ Store. To keep up with the latest changes, you take special courses in radio and stereo • The education maintains or improves skills needed in service. These courses maintain and improve skills re- your present work. quired in your work. However, even if the education meets one or both of the above tests, it isn't qualifying work-related education if Maintaining skills vs. qualifying for new job. Educa- it: tion to maintain or improve skills needed in your present work isn't qualifying education if it will also qualify you for a • Is needed to meet the minimum educational require- new trade or business. ments of your present trade or business, or Education during temporary absence. If you stop • Is part of a program of study that will qualify you for a working for a year or less in order to get education to new trade or business. maintain or improve skills needed in your present work You can deduct the costs of qualifying work-related ed- and then return to the same general type of work, your ab- ucation as a business expense even if the education sence is considered temporary. Education that you get could lead to a degree. during a temporary absence is qualifying work-related ed- ucation if it maintains or improves skills needed in your Use Figure 11-1 as a quick check to see if your educa- present work. tion qualifies. Example. You quit your biology research job to be- come a full-time biology graduate student for 1 year. If you Chapter 11 Business Deduction for Work-Related Education Page 59 |
Page 60 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Figure 11-1. Does Your Work-Related Education Qualify? Start Here Is the education required by your employer or the law to keep your present salary, status, or job? Yes No Does the requirement serve a No Does the education maintain or bona de business requirement improve skills needed in your of your employer? present work? Yes Yes Is the education needed to meet the minimum Yes No educational requirements of your present trade or business? No Is the education part of a program of study Yes Your education isn’t that will qualify you for a new trade or qualifying work-related business? education. No Your education is qualifying work-related education. return to work in biology research after completing the requirements. This means that if the minimum require- courses, the education is related to your present work ments change after you were hired, any education you even if you don't go back to work with the same employer. need to meet the new requirements can be qualifying edu- cation. Education during indefinite absence. If you stop work for more than a year, your absence from your job is You haven't necessarily met the minimum educa- considered indefinite. Education during an indefinite ab- ! tional requirements of your trade or business sim- sence, even if it maintains or improves skills needed in the CAUTION ply because you are already doing the work. work from which you are absent, is considered to qualify you for a new trade or business. Therefore, it isn't qualify- Example 1. You are a full-time engineering student. ing work-related education. Although you haven't received your degree or certification, you work part time as an engineer for a firm that will em- Education To Meet ploy you as a full-time engineer after you finish college. Al- though your college engineering courses improve your Minimum Requirements skills in your present job, they are also needed to meet the minimum job requirements for a full-time engineer. The Education you need to meet the minimum educational re- education isn't qualifying work-related education. quirements for your present trade or business isn't qualify- ing work-related education. The minimum educational re- Example 2. You are an accountant and you have met quirements are determined by: the minimum educational requirements of your employer. • Laws and regulations; Your employer later changes the minimum educational re- quirements and requires you to take college courses to • Standards of your profession, trade, or business; and keep your job. These additional courses can be qualifying • Your employer. work-related education because you have already satis- fied the minimum requirements that were in effect when Once you have met the minimum educational require- you were hired. ments that were in effect when you were hired, you don't have to meet any new minimum educational Page 60 Chapter 11 Business Deduction for Work-Related Education |
Page 61 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Requirements for Teachers Also, you can keep your job as an instructor only as long as you show satisfactory progress toward getting this de- States or school districts usually set the minimum educa- gree. You haven't met the minimum educational require- tional requirements for teachers. The requirement is the ments to qualify you as a faculty member. The graduate college degree or the minimum number of college hours courses aren't qualifying work-related education. usually required of a person hired for that position. Certification in a new state. Once you have met the If there are no requirements, you will have met the mini- minimum educational requirements for teachers for your mum educational requirements when you become a fac- state, you are considered to have met the minimum edu- ulty member. The determination of whether you are a fac- cational requirements in all states. This is true even if you ulty member of an educational institution must be made must get additional education to be certified in another on the basis of the particular practices of the institution. state. Any additional education you need is qualifying You will generally be considered a faculty member when work-related education. You have already met the mini- one or more of the following occurs. mum requirements for teaching. Teaching in another state • You have tenure. isn't a new trade or business. • Your years of service count toward obtaining tenure. Example. You hold a permanent teaching certificate in State A and are employed as a teacher in that state for • You have a vote in faculty decisions. several years. You move to State B and are promptly • Your school makes contributions for you to a retire- hired as a teacher. You are required, however, to com- ment plan other than social security or a similar pro- plete certain prescribed courses to get a permanent gram. teaching certificate in State B. These additional courses are qualifying work-related education because the teach- Example 1. The law in your state requires beginning ing position in State B involves the same general kind of secondary school teachers to have a bachelor's degree, work for which you were qualified in State A. including 10 professional education courses. In addition, to keep the job, a teacher must complete a fifth year of training within 10 years from the date of hire. If the em- Education That Qualifies You for a ploying school certifies to the state Department of Educa- New Trade or Business tion that qualified teachers can't be found, the school can hire persons with only 3 years of college. However, to Education that is part of a program of study that will qualify keep their jobs, these teachers must get a bachelor's de- you for a new trade or business isn't qualifying work-rela- gree and the required professional education courses ted education. This is true even if you don't plan to enter within 3 years. that trade or business. Under these facts, the bachelor's degree, whether or If you are an employee, a change of duties that in- not it includes the 10 professional education courses, is volves the same general kind of work isn't a new trade or considered the minimum educational requirement for business. qualification as a teacher in your state. If you have all the required education except the fifth Example 1. You are an accountant. Your employer re- year, you have met the minimum educational require- quires you to get a law degree at your own expense. You ments. The fifth year of training is qualifying work-related register at a law school for the regular curriculum that education unless it is part of a program of study that will leads to a law degree. Even if you don't intend to become qualify you for a new trade or business. a lawyer, the education isn't qualifying because the law degree will qualify you for a new trade or business. Example 2. Assume the same facts as in Example 1, except that you have a bachelor's degree and only six Example 2. You are a general practitioner of medi- professional education courses. The additional four edu- cine. You take a 2-week course to review developments in cation courses can be qualifying work-related education. several specialized fields of medicine. The course doesn't Although you don't have all the required courses, you qualify you for a new profession. It is qualifying work-rela- have already met the minimum educational requirements. ted education because it maintains or improves skills re- quired in your present profession. Example 3. Assume the same facts as in Example 1, except that you are hired with only 3 years of college. The Example 3. While working in the private practice of courses you take that lead to a bachelor's degree (includ- psychiatry, you enter a program to study and train at an ing those in education) aren't qualifying work-related edu- accredited psychoanalytic institute. The program will lead cation. They are needed to meet the minimum educational to qualifying you to practice psychoanalysis. The psycho- requirements for employment as a teacher. analytic training doesn't qualify you for a new profession. It is qualifying work-related education because it maintains Example 4. You have a bachelor's degree and you or improves skills required in your present profession. work as a temporary instructor at a university. At the same time, you take graduate courses toward an advanced de- gree. The rules of the university state that you can be- come a faculty member only if you get a graduate degree. Chapter 11 Business Deduction for Work-Related Education Page 61 |
Page 62 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Bar or CPA Review Course Transportation Expenses Review courses to prepare for the bar examination or the If your education qualifies, you can deduct local transpor- certified public accountant (CPA) examination aren't quali- tation costs of going directly from work to school. If you fying work-related education. They are part of a program are regularly employed and go to school on a temporary of study that can qualify you for a new profession. basis, you can also deduct the costs of returning from school to home. Teaching and Related Duties Temporary basis. You go to school on a temporary ba- All teaching and related duties are considered the same sis if either of the following situations applies to you. general kind of work. A change in duties in any of the fol- 1. Your attendance at school is realistically expected to lowing ways isn't considered a change to a new business. last 1 year or less and does indeed last for 1 year or • Elementary school teacher to secondary school less. teacher. 2. Initially, your attendance at school is realistically ex- • Teacher of one subject, such as biology, to teacher of pected to last 1 year or less, but at a later date your another subject, such as art. attendance is reasonably expected to last more than • Classroom teacher to guidance counselor. 1 year. Your attendance is temporary up to the date you determine it will last more than 1 year. • Classroom teacher to school administrator. If you are in either situation (1) or (2), your attendance isn't temporary if facts and circumstances indicate otherwise. Attendance not on a temporary basis. You don't go What Expenses to school on a temporary basis if either of the following sit- uations applies to you. Can Be Deducted? 1. Your attendance at school is realistically expected to last more than 1 year. It doesn't matter how long you If your education meets the requirements described ear- actually attend. lier under Qualifying Work-Related Education, you may be able to deduct your education expenses as business ex- 2. Initially, your attendance at school is realistically ex- penses. If you aren't self-employed, you can deduct busi- pected to last 1 year or less, but at a later date your ness expenses only if you are an Armed Forces reservist, attendance is reasonably expected to last more than qualified performing artist, fee-based state or local gov- 1 year. Your attendance isn't temporary after the date ernment official, or, for impairment-related expenses, an you determine it will last more than 1 year. individual with a disability. You can't deduct expenses related to tax-exempt and Deductible Transportation Expenses excluded income. If you are regularly employed and go directly from home to Deductible expenses. The following education expen- school on a temporary basis, you can deduct the roundtrip ses can be deducted. costs of transportation between your home and school. This is true regardless of the location of the school, the • Tuition, books, supplies, lab fees, and similar items. distance traveled, or whether you attend school on non- • Certain transportation and travel costs. work days. • Other education expenses, such as costs of research Transportation expenses include the actual costs of and typing when writing a paper as part of an educa- bus, subway, cab, or other fares, as well as the costs of tional program. using your car. Transportation expenses don't include amounts spent for travel, meals, or lodging while you are Nondeductible expenses. You can't deduct personal or away from home overnight. capital expenses. For example, you can't deduct the dollar value of vacation time or annual leave you take to attend Example 1. You regularly work in a nearby town, and classes. This amount is a personal expense. go directly from work to home. You also attend school ev- Unclaimed reimbursement. If you don't claim reim- ery work night for 3 months to take a course that improves bursement that you are entitled to receive from your em- your job skills. Since you are attending school on a tempo- ployer, you can't deduct the expenses that apply to that rary basis, you can deduct your daily roundtrip transporta- unclaimed reimbursement. tion expenses in going between home and school. This is true regardless of the distance traveled. Example. Your employer agrees to pay your educa- tion expenses if you file a voucher showing your expen- Example 2. Assume the same facts as in Example 1, ses. You don't file a voucher and you don't get reim- except that on certain nights you go directly from work to bursed. Because you didn't file a voucher, you can't deduct the expenses on your tax return. Page 62 Chapter 11 Business Deduction for Work-Related Education |
Page 63 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. school and then home. You can deduct your transporta- Example 1. You work in Newark, New Jersey. You tion expenses from your regular work site to school and traveled to Chicago to take a deductible 1-week course at then home. the request of your employer. Your main reason for going to Chicago was to take the course. Example 3. Assume the same facts as in Example 1, While there, you took a sightseeing trip, entertained except that you attend the school for 9 months on Satur- some friends, and took a side trip to Pleasantville for a days, nonwork days. Since you are attending school on a day. temporary basis, you can deduct your roundtrip transpor- Since the trip was mainly for business, you can deduct tation expenses in going between home and school. your roundtrip airfare to Chicago. You can't deduct your transportation expenses of going to Pleasantville. You can Example 4. Assume the same facts as in Example 1, deduct only the meals (see 50% limit on meals, later) and except that you attend classes twice a week for 15 lodging connected with your educational activities. months. Since your attendance in school isn't considered temporary, you can't deduct your transportation expenses Example 2. You work in Boston. You went to a univer- in going between home and school. If you go directly from sity in Michigan to take a course for work. The course is work to school, you can deduct the one-way transporta- qualifying work-related education. tion expenses of going from work to school. If you go from You took one course, which is one-fourth of a full work to home to school and return home, your transporta- course load of study. You spent the rest of the time on tion expenses can't be more than if you had gone directly personal activities. Your reasons for taking the course in from work to school. Michigan were all personal. Your trip is mainly personal because three-fourths of Using your car. If you use your car (whether you own or your time is considered personal time. You can't deduct lease it) for transportation to school, you can deduct your the cost of your roundtrip train ticket to Michigan. You can actual expenses or use the standard mileage rate to figure deduct one-fourth of the meals (see 50% limit on meals, the amount you can deduct. The standard mileage rate for later) and lodging costs for the time you attended the uni- miles driven from January 1, 2022, through June 30, versity. 2022, is 58.5 cents a mile. The standard mileage rate for miles driven from July 1, 2022, through December 31, Example 3. You work in Nashville and recently trav- 2022, is 62.5 cents a mile. Whichever method you use, eled to California to take a 2-week seminar. The seminar you can also deduct parking fees and tolls. See Pub. 463, is qualifying work-related education. chapter 4, for information on deducting your actual expen- While there, you spent an extra 8 weeks on personal ses of using a car. activities. The facts, including the extra 8-week stay, show that your main purpose was to take a vacation. Travel Expenses You can't deduct your roundtrip airfare or your meals and lodging for the 8 weeks. You can deduct only your ex- You can deduct expenses for travel, meals (see 50% limit penses for meals (see 50% limit on meals, later) and lodg- on meals, later), and lodging if you travel overnight mainly ing for the 2 weeks you attended the seminar. to obtain qualifying work-related education. Cruises and conventions. Certain cruises and conven- Travel expenses for qualifying work-related education tions offer seminars or courses as part of their itinerary. are treated the same as travel expenses for other em- Even if the seminars or courses are work related, your de- ployee business purposes. For more information, see duction for travel may be limited. This applies to: chapter 1 of Pub. 463. • Travel by ocean liner, cruise ship, or other form of You can't deduct expenses for personal activities luxury water transportation; and ! such as sightseeing, visiting, or entertaining. Conventions outside the North American area. CAUTION • For a discussion of the limits on travel expense deduc- Mainly personal travel. If your travel away from home is tions that apply to cruises and conventions, see Luxury mainly personal, you can't deduct all of your expenses for Water Travel and Conventions in chapter 1 of Pub. 463. travel, meals, and lodging. You can deduct only your ex- penses for lodging and meals (see 50% limit on meals, 50% limit on meals. Generally, you can deduct only later) during the time you attend the qualified educational 50% of the cost of your meals while traveling away from activities. home to obtain qualifying work-related education. How- Whether a trip's purpose is mainly personal or educa- ever, you can deduct 100% of meals provided by a res- tional depends upon the facts and circumstances. An im- taurant. This applies only to meals paid or incurred after portant factor is the comparison of time spent on personal December 31, 2020, and before January 1, 2023. If you activities with time spent on educational activities. If you were reimbursed for the meals, see How To Treat Reim- spend more time on personal activities, the trip is consid- bursements, later. ered mainly educational only if you can show a substantial Qualified performing artists and fee-based state or local nonpersonal reason for traveling to a particular location. government officials must use Form 2106 to apply any limit. Chapter 11 Business Deduction for Work-Related Education Page 63 |
Page 64 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Travel as Education • An inheritance; or • A withdrawal from the student's personal savings. You can't deduct the cost of travel as a form of education even if it is directly related to your duties in your work or Also, don't reduce the qualifying work-related educa- business. tion expenses by any scholarship or fellowship grant re- ported as income on the student's return or any scholar- Example. You are a French language teacher. While ship which, by its terms, can't be applied to qualifying on sabbatical leave granted for travel, you traveled work-related education expenses. through France to improve your knowledge of the French language. You chose your itinerary and most of your activ- ities to improve your French language skills. You can't de- duct your travel expenses as education expenses. This is How To Treat Reimbursements true even if you spent most of your time learning French by visiting French schools and families, attending movies How you treat reimbursements depends on the arrange- or plays, and engaging in similar activities. ment you have with your employer. There are two basic types of reimbursement arrange- No Double Benefit Allowed ments—accountable plans and nonaccountable plans. You can tell the type of plan you are reimbursed under by You can't do the following. the way the reimbursement is reported on your Form W-2. • Deduct work-related education expenses as business expenses if you benefit from these expenses under Note. The following rules about reimbursement ar- any other provision of the law. rangements also apply to expense allowances received from your employer. • Deduct work-related education expenses paid with tax-free scholarship, grant, or employer-provided educational assistance. Accountable Plans To be an accountable plan, your employer's reimburse- Adjustments to Qualifying Work-Related ment arrangement must require you to meet all three of Education Expenses the following rules. If you pay qualifying work-related education expenses • Your expenses must have a business connection. with certain tax-free funds, you can't claim a deduction for This means your expenses must be allowed under the those amounts. You must reduce the qualifying expenses rules for qualifying work-related education explained by the amount of such expenses allocable to the tax-free earlier. educational assistance. • You must adequately account to your employer for your expenses within a reasonable period of time. Tax-free educational assistance. This includes: • You must return any reimbursement or allowance in • The tax-free part of scholarships and fellowship grants excess of the expenses accounted for within a rea- (see Tax-Free Scholarships and Fellowship Grants in sonable period of time. chapter 1); • The tax-free part of Pell grants (see Pell Grants and If you are reimbursed under an accountable plan, your Other Title IV Need-Based Education Grants in chap- employer shouldn't include any reimbursement of income ter 1); on your Form W-2, box 1. • Employer-provided educational assistance (see chap- If your employer included reimbursements on ter 10); TIP your Form W-2, box 1, and you meet all three rules for accountable plans, ask your employer for • Veterans' educational assistance (see Veterans' Ben- a corrected Form W-2. efits in chapter 1); and • Any other nontaxable (tax-free) payments (other than Accountable plan rules not met. Even though you are gifts or inheritances) received as educational assis- reimbursed under an accountable plan, some of your ex- tance. penses may not meet all three rules for accountable plans. Those expenses that fail to meet the three rules are Amounts that don't reduce qualifying work-related treated as having been reimbursed under a Nonaccounta- education expenses. Don't reduce the qualifying ble Plan (discussed later). work-related education expenses by amounts paid with funds the student receives as: Expenses equal reimbursement. Under an accounta- • Payment for services, such as wages; ble plan, if your expenses equal your reimbursement, you don't complete Form 2106. Because your expenses and • A loan; reimbursements are equal, you don't have unreimbursed • A gift; work-related education expenses. Page 64 Chapter 11 Business Deduction for Work-Related Education |
Page 65 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Excess expenses. If your expenses are more than your You generally cannot deduct your expenses regardless reimbursement, you generally cannot deduct your excess of whether they are more than, less than, or equal to your expenses. See Deducting Business Expenses, later. reimbursement. See Deducting Business Expenses, later. Allocating your reimbursements for meals. Be- Reimbursements for nondeductible expenses. Reim- cause your excess meal expenses may be subject to the bursements you received for nondeductible expenses are 50% limit, you must figure them separately from your other treated as paid under a nonaccountable plan. You must expenses. If your employer paid you a single amount to include them in your income. For example, you must in- cover both meals and other expenses, you must allocate clude in your income reimbursements your employer gave the reimbursement so that you can figure your excess you for expenses of education that: meal expenses separately. Make the allocation as follows. • You need to meet the minimum educational require- 1. Divide your meal expenses by your total expenses. ments for your job, or 2. Multiply your total reimbursement by the result from • Is part of a program of study that can qualify you for a (1). This is the allocated reimbursement for your meal new trade or business. expenses. For more information on accountable and nonaccount- 3. Subtract the amount figured in (2) from your total re- able plans, see chapter 6 of Pub. 463. imbursement. The difference is the allocated reim- bursement for your other expenses of qualifying work-related education. Deducting Business Expenses Example. You are a qualified performing artist and Self-employed persons and employees report their busi- one of your employers paid you an expense allowance of ness expenses differently. $2,000 under an accountable plan. The allowance was to cover all of your expenses of traveling away from home to The following information explains what forms you must take a 2-week training course for work. There was no indi- use to deduct the cost of your qualifying work-related edu- cation of how much of the reimbursement was for each cation as a business expense. type of expense. Your actual expenses equal $2,500 ($425 for meals + $700 lodging + $150 transportation ex- Self-Employed Persons penses + $1,225 for books and tuition). Using the steps listed above, allocate the reimburse- If you are self-employed, you must report the cost of your ment between the $425 meal expenses and the $2,075 qualifying work-related education on the appropriate form other expenses. used to report your business income and expenses (gen- erally, Schedule C (Form 1040), or Schedule F (Form 1. $425 meal expenses 1040)). If your education expenses include expenses for a $2,500 total = 0.17 car or truck, travel, or meals, report those expenses the expenses same way you report other business expenses for those items. See the instructions for the form you file for infor- mation on how to complete it. 2. $2,000 (reimbursement) × 0.17 = $340 (allocated reimbursement for meal expenses) Armed Forces Reservists, Performing Artists, and Fee-Basis Officials 3. $2,000 (reimbursement) − $340 (meals) = $1,660 (allocated reimbursement for other qualifying If you are an Armed Forces reservist, a qualified perform- work-related education expenses) ing artist, or a state (or local) government official who is paid in whole or in part on a fee basis, you can deduct the Your excess meal expenses are $85 ($425 − $340) and cost of your qualifying work-related education as an ad- your excess other expenses are $415 ($2,075 − $1,660). justment to gross income. For this purpose, assuming the 50% limit applies to all your meals, you can deduct your excess work-related ed- Include the cost of your qualifying work-related educa- ucation expenses of $458 (($85 × 50%) + $415). See De- tion with any other employee business expenses on ducting Business Expenses, later. Schedule 1 (Form 1040), line 12. You must complete Form 2106 to figure your deduction. Nonaccountable Plans For more information on qualified performing artists, see chapter 6 of Pub. 463. Your employer will combine the amount of any reimburse- ment or other expense allowance paid to you under a non- Impairment-Related Work Expenses accountable plan with your wages, salary, or other pay and report the total on your Form W-2, box 1. If you are an individual with a disability and have impair- ment-related work expenses that are necessary for you to be able to get qualifying work-related education, you can Chapter 11 Business Deduction for Work-Related Education Page 65 |
Page 66 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. deduct these expenses on Schedule A (Form 1040), line 16, or Schedule A (Form 1040-NR), line 7. To deduct these expenses, you must complete Form 2106. 12. For more information on impairment-related work ex- penses, see chapter 6 of Pub. 463. How To Get Tax Help If you have questions about a tax issue; need help prepar- Recordkeeping ing your tax return; or want to download free publications, You must keep records as proof of any deduction forms, or instructions, go to IRS.gov to find resources that claimed on your tax return. Generally, you should can help you right away. RECORDS keep your records for 3 years from the date of fil- Preparing and filing your tax return. After receiving all ing the tax return and claiming the deduction. your wage and earnings statements (Forms W-2, W-2G, 1099-R, 1099-MISC, 1099-NEC, etc.); unemployment If you are an employee who is reimbursed for expenses compensation statements (by mail or in a digital format) or and you give your records and documentation to your em- other government payment statements (Form 1099-G); ployer, you don't have to keep duplicate copies of this in- and interest, dividend, and retirement statements from formation. However, you should keep your records for a banks and investment firms (Forms 1099), you have sev- 3-year period if: eral options to choose from to prepare and file your tax re- • You claim deductions for expenses that are more than turn. You can prepare the tax return yourself, see if you your reimbursement, qualify for free tax preparation, or hire a tax professional to prepare your return. • Your employer doesn't use adequate accounting pro- cedures to verify expense accounts, Free options for tax preparation. Go to IRS.gov to see • You are related to your employer, or your options for preparing and filing your return online or in your local community, if you qualify, which include the • Your expenses are reimbursed under a nonaccounta- following. ble plan. • Free File. This program lets you prepare and file your Examples of records to keep. If any of the above cases federal individual income tax return for free using apply to you, you must be able to prove that your expen- brand-name tax-preparation-and-filing software or ses are deductible. You should keep adequate records or Free File fillable forms. However, state tax preparation have sufficient evidence that will support your expenses. may not be available through Free File. Go to IRS.gov/ Estimates or approximations don't qualify as proof of an FreeFile to see if you qualify for free online federal tax expense. Some examples of what can be used to help preparation, e-filing, and direct deposit or payment op- prove your expenses are the following. tions. 1. Documents, such as transcripts, course descriptions, • VITA. The Volunteer Income Tax Assistance (VITA) catalogs, etc., showing periods of enrollment in edu- program offers free tax help to people with cational institutions, principal subjects studied, and low-to-moderate incomes, persons with disabilities, descriptions of educational activity. and limited-English-speaking taxpayers who need help preparing their own tax returns. Go to IRS.gov/ 2. Canceled checks and receipts to verify amounts you VITA, download the free IRS2Go app, or call spent for: 800-906-9887 for information on free tax return prepa- a. Tuition and books, ration. b. Meals and lodging while away from home over- • TCE. The Tax Counseling for the Elderly (TCE) pro- night for educational purposes, gram offers free tax help for all taxpayers, particularly those who are 60 years of age and older. TCE volun- c. Travel and transportation, and teers specialize in answering questions about pen- d. Other education expenses. sions and retirement-related issues unique to seniors. Go to IRS.gov/TCE, download the free IRS2Go app, 3. Statements from your employer explaining whether or call 888-227-7669 for information on free tax return the education was necessary for you to keep your job, preparation. salary, or status; how the education helped maintain or improve skills needed in your job; how much reim- • MilTax. Members of the U.S. Armed Forces and qualified veterans may use MilTax, a free tax service bursement you received; and, if you are a teacher, the offered by the Department of Defense through Military type of certificate and subjects taught. OneSource. For more information, go to 4. Complete information about any scholarship or fellow- MilitaryOneSource MilitaryOneSource.mil/MilTax ( ship grants, including amounts you received during Also, the IRS offers Free Fillable Forms, which can the year. be completed online and then filed electronically re- gardless of income. Page 66 Chapter 12 How To Get Tax Help |
Page 67 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Using online tools to help prepare your return. Go to Employers can register to use Business Services On- IRS.gov/Tools for the following. line. The Social Security Administration (SSA) offers on- line service at SSA.gov/employer for fast, free, and secure • The Earned Income Tax Credit Assistant IRS.gov/ ( online W-2 filing options to CPAs, accountants, enrolled EITCAssistant) determines if you’re eligible for the agents, and individuals who process Form W-2, Wage earned income credit (EIC). and Tax Statement, and Form W-2c, Corrected Wage and • The Online EIN Application IRS.gov/EIN ( ) helps you Tax Statement. get an employer identification number (EIN) at no cost. IRS social media. Go to IRS.gov/SocialMedia to see the various social media tools the IRS uses to share the latest • The Tax Withholding Estimator IRS.gov/W4app ( ) information on tax changes, scam alerts, initiatives, prod- makes it easier for you to estimate the federal income ucts, and services. At the IRS, privacy and security are tax you want your employer to withhold from your pay- our highest priority. We use these tools to share public in- check. This is tax withholding. See how your withhold- formation with you. Don’t post your social security number ing affects your refund, take-home pay, or tax due. (SSN) or other confidential information on social media • The First-Time Homebuyer Credit Account Look-up sites. Always protect your identity when using any social (IRS.gov/HomeBuyer) tool provides information on networking site. your repayments and account balance. The following IRS YouTube channels provide short, infor- • The Sales Tax Deduction Calculator IRS.gov/ ( mative videos on various tax-related topics in English, SalesTax) figures the amount you can claim if you Spanish, and ASL. itemize deductions on Schedule A (Form 1040). • Youtube.com/irsvideos. Getting answers to your tax questions. On IRS.gov, you can get up-to-date information on • Youtube.com/irsvideosmultilingua. current events and changes in tax law. • Youtube.com/irsvideosASL. • IRS.gov/Help: A variety of tools to help you get an- Watching IRS videos. The IRS Video portal swers to some of the most common tax questions. (IRSVideos.gov) contains video and audio presentations • IRS.gov/ITA: The Interactive Tax Assistant, a tool that for individuals, small businesses, and tax professionals. will ask you questions and, based on your input, pro- vide answers on a number of tax law topics. Online tax information in other languages. You can find information on IRS.gov/MyLanguage if English isn’t • IRS.gov/Forms: Find forms, instructions, and publica- your native language. tions. You will find details on the most recent tax changes and interactive links to help you find answers Free Over-the-Phone Interpreter (OPI) Service. The to your questions. IRS is committed to serving our multilingual customers by offering OPI services. The OPI Service is a federally fun- ded program and is available at Taxpayer Assistance Need someone to prepare your tax return? There are Centers (TACs), other IRS offices, and every VITA/TCE various types of tax return preparers, including enrolled return site. The OPI Service is accessible in more than agents, certified public accountants (CPAs), accountants, 350 languages. and many others who don’t have professional credentials. If you choose to have someone prepare your tax return, Accessibility Helpline available for taxpayers with choose that preparer wisely. A paid tax preparer is: disabilities. Taxpayers who need information about ac- • Primarily responsible for the overall substantive accu- cessibility services can call 833-690-0598. The Accessi- racy of your return, bility Helpline can answer questions related to current and future accessibility products and services available in al- • Required to sign the return, and ternative media formats (for example, braille, large print, • Required to include their preparer tax identification audio, etc.). The Accessibility Helpline does not have ac- number (PTIN). cess to your IRS account. For help with tax law, refunds, or account-related issues, go to IRS.gov/LetUsHelp. Although the tax preparer always signs the return, you're ultimately responsible for providing all the information re- quired for the preparer to accurately prepare your return. Anyone paid to prepare tax returns for others should have a thorough understanding of tax matters. For more infor- mation on how to choose a tax preparer, go to Tips for Choosing a Tax Preparer on IRS.gov. Coronavirus. Go to IRS.gov/Coronavirus for links to in- formation on the impact of the coronavirus, as well as tax relief available for individuals and families, small and large businesses, and tax-exempt organizations. Chapter 12 How To Get Tax Help Page 67 |
Page 68 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Note. Form 9000, Alternative Media Preference, or destroyed, or returned undeliverable to the IRS. Eight in Form 9000(SP) allows you to elect to receive certain types 10 taxpayers use direct deposit to receive their refund. If of written correspondence in the following formats. you don’t have a bank account, go to IRS.gov/ • Standard Print. DirectDeposit for more information on where to find a bank or credit union that can open an account online. • Large Print. • Braille. Getting a transcript or copy of a return. The quickest way to get a copy of your tax transcript is to go to IRS.gov/ • Audio (MP3). Transcripts. Click on either “Get Transcript Online” or “Get • Plain Text File (TXT). Transcript by Mail” to order a copy of your transcript. If you prefer, you can order your transcript by calling • Braille Ready File (BRF). 800-908-9946. Disasters. Go to Disaster Assistance and Emergency Reporting and resolving your tax-related identity Relief for Individuals and Businesses to review the availa- theft issues. ble disaster tax relief. • Tax-related identity theft happens when someone Getting tax forms and publications. Go to IRS.gov/ steals your personal information to commit tax fraud. Forms to view, download, or print all the forms and publi- Your taxes can be affected if your SSN is used to file a cations you may need. Or you can go to IRS.gov/ fraudulent return or to claim a refund or credit. OrderForms to place an order. • The IRS doesn’t initiate contact with taxpayers by Getting tax publications and instructions in eBook email, text messages (including shortened links), tele- format. You can also download and view popular tax phone calls, or social media channels to request or publications and instructions (including the Instructions for verify personal or financial information. This includes Form 1040) on mobile devices as eBooks at IRS.gov/ requests for personal identification numbers (PINs), eBooks. passwords, or similar information for credit cards, banks, or other financial accounts. Note. IRS eBooks have been tested using Apple's • Go to IRS.gov/IdentityTheft, the IRS Identity Theft iBooks for iPad. Our eBooks haven’t been tested on other Central webpage, for information on identity theft and dedicated eBook readers, and eBook functionality may data security protection for taxpayers, tax professio- not operate as intended. nals, and businesses. If your SSN has been lost or stolen or you suspect you’re a victim of tax-related Access your online account (individual taxpayers identity theft, you can learn what steps you should only). Go to IRS.gov/Account to securely access infor- take. mation about your federal tax account. • View the amount you owe and a breakdown by tax • Get an Identity Protection PIN (IP PIN). IP PINs are six-digit numbers assigned to taxpayers to help pre- year. vent the misuse of their SSNs on fraudulent federal in- • See payment plan details or apply for a new payment come tax returns. When you have an IP PIN, it pre- plan. vents someone else from filing a tax return with your • Make a payment or view 5 years of payment history SSN. To learn more, go to IRS.gov/IPPIN. and any pending or scheduled payments. Ways to check on the status of your refund. • Access your tax records, including key data from your most recent tax return, your EIP amounts, and tran- • Go to IRS.gov/Refunds. scripts. • Download the official IRS2Go app to your mobile de- vice to check your refund status. • View digital copies of select notices from the IRS. • Approve or reject authorization requests from tax pro- • Call the automated refund hotline at 800-829-1954. fessionals. Note. The IRS can’t issue refunds before mid-Febru- • View your address on file or manage your communi- ary for returns that claimed the EIC or the additional child cation preferences. tax credit (ACTC). This applies to the entire refund, not just the portion associated with these credits. Tax Pro Account. This tool lets your tax professional submit an authorization request to access your individual Making a tax payment. Go to IRS.gov/Payments for in- taxpayer IRS online account. For more information, go to formation on how to make a payment using any of the fol- IRS.gov/TaxProAccount. lowing options. Using direct deposit. The fastest way to receive a tax • IRS Direct Pay: Pay your individual tax bill or estima- refund is to file electronically and choose direct deposit, ted tax payment directly from your checking or sav- which securely and electronically transfers your refund di- ings account at no cost to you. rectly into your financial account. Direct deposit also • Debit or Credit Card: Choose an approved payment avoids the possibility that your check could be lost, stolen, processor to pay online or by phone. Page 68 Chapter 12 How To Get Tax Help |
Page 69 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Electronic Funds Withdrawal: Schedule a payment Contacting your local IRS office. Keep in mind, many when filing your federal taxes using tax return prepara- questions can be answered on IRS.gov without visiting an tion software or through a tax professional. IRS TAC. Go to IRS.gov/LetUsHelp for the topics people ask about most. If you still need help, IRS TACs provide • Electronic Federal Tax Payment System: Best option tax help when a tax issue can’t be handled online or by for businesses. Enrollment is required. phone. All TACs now provide service by appointment, so • Check or Money Order: Mail your payment to the ad- you’ll know in advance that you can get the service you dress listed on the notice or instructions. need without long wait times. Before you visit, go to • Cash: You may be able to pay your taxes with cash at IRS.gov/TACLocator to find the nearest TAC and to check a participating retail store. hours, available services, and appointment options. Or, on the IRS2Go app, under the Stay Connected tab, • Same-Day Wire: You may be able to do same-day choose the Contact Us option and click on “Local Offices.” wire from your financial institution. Contact your finan- cial institution for availability, cost, and time frames. Note. The IRS uses the latest encryption technology to The Taxpayer Advocate ensure that the electronic payments you make online, by phone, or from a mobile device using the IRS2Go app are Service (TAS) Is Here To Help safe and secure. Paying electronically is quick, easy, and faster than mailing in a check or money order. You What if I can’t pay now? Go to IRS.gov/Payments for What Is TAS? more information about your options. • Apply for an online payment agreement IRS.gov/ ( TAS is an independent organization within the IRS that OPA) to meet your tax obligation in monthly install- helps taxpayers and protects taxpayer rights. Their job is ments if you can’t pay your taxes in full today. Once to ensure that every taxpayer is treated fairly and that you you complete the online process, you will receive im- know and understand your rights under the Taxpayer Bill mediate notification of whether your agreement has of Rights. been approved. • Use the Offer in Compromise Pre-Qualifier to see if How Can You Learn About Your Taxpayer you can settle your tax debt for less than the full Rights? amount you owe. For more information on the Offer in Compromise program, go to IRS.gov/OIC. The Taxpayer Bill of Rights describes 10 basic rights that all taxpayers have when dealing with the IRS. Go to Filing an amended return. Go to IRS.gov/Form1040X TaxpayerAdvocate.IRS.gov to help you understand what for information and updates. these rights mean to you and how they apply. These are your rights. Know them. Use them. Checking the status of your amended return. Go to IRS.gov/WMAR to track the status of Form 1040-X amen- What Can TAS Do for You? ded returns. TAS can help you resolve problems that you can’t resolve Note. It can take up to 3 weeks from the date you filed with the IRS. And their service is free. If you qualify for your amended return for it to show up in our system, and their assistance, you will be assigned to one advocate processing it can take up to 16 weeks. who will work with you throughout the process and will do Understanding an IRS notice or letter you’ve re- everything possible to resolve your issue. TAS can help ceived. Go to IRS.gov/Notices to find additional informa- you if: tion about responding to an IRS notice or letter. • Your problem is causing financial difficulty for you, your family, or your business; Note. You can use Schedule LEP (Form 1040), Re- quest for Change in Language Preference, to state a pref- • You face (or your business is facing) an immediate erence to receive notices, letters, or other written commu- threat of adverse action; or nications from the IRS in an alternative language. You • You’ve tried repeatedly to contact the IRS but no one may not immediately receive written communications in has responded, or the IRS hasn’t responded by the the requested language. The IRS’s commitment to LEP date promised. taxpayers is part of a multi-year timeline that is scheduled to begin providing translations in 2023. You will continue How Can You Reach TAS? to receive communications, including notices and letters in English until they are translated to your preferred lan- TAS has offices in every state, the District of Columbia, guage. and Puerto Rico. Your local advocate’s number is in your local directory and at TaxpayerAdvocate.IRS.gov/ Contact-Us. You can also call them at 877-777-4778. Chapter 12 How To Get Tax Help Page 69 |
Page 70 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. How Else Does TAS Help Taxpayers? to resolve tax problems with the IRS, such as audits, ap- peals, and tax collection disputes. In addition, LITCs can TAS works to resolve large-scale problems that affect provide information about taxpayer rights and responsibili- many taxpayers. If you know of one of these broad issues, ties in different languages for individuals who speak Eng- report it to them at IRS.gov/SAMS. lish as a second language. Services are offered for free or a small fee for eligible taxpayers. To find an LITC near TAS for Tax Professionals you, go to TaxpayerAdvocate.IRS.gov/about-us/Low- Income-Taxpayer-Clinics-LITC or see IRS Pub. 4134, Low TAS can provide a variety of information for tax professio- Income Taxpayer Clinic List. nals, including tax law updates and guidance, TAS pro- grams, and ways to let TAS know about systemic prob- lems you’ve seen in your practice. Low Income Taxpayer Clinics (LITCs) LITCs are independent from the IRS. LITCs represent in- dividuals whose income is below a certain level and need Page 70 Chapter 12 How To Get Tax Help |
Page 71 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Appendix The following appendix is provided to the major differences between the edu- guide. Look in this publication for more help you claim the education benefits cation tax benefits discussed in this complete information. that will give you the lowest tax. It con- publication. It is intended only as a sists of a chart summarizing some of Publication 970 (2022) Page 71 |
Page 72 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Business Deduction for Work-Related Education Individuals who are self- employed, Armed Forces reservists, qualified performing artists, fee- based officials, or disabled can deduct certain expenses Amount of qualifying work-related education expenses Transportation Travel Other necessary expenses † Employer- Provided Educational Assistance Employer benefits not taxed $5,250 exclusion Books Supplies Equipment Don't rely on this chart † Education Savings Bond Program Interest not taxed Amount of qualified education expenses Payments to Coverdell ESA Payments to QTP † Education Exception to Additional Tax on Early IRA Distributions No 10% additional tax on early distribution Amount of qualified education expenses Books Supplies Equipment Room & board if at least half-time student Expenses for special needs services † Qualified Tuition Program (QTP) Earnings not taxed None Higher education: Books Supplies Equipment Computer equipment, computer software, or Internet access and related services Expenses for special needs services Room & board if at least half-time student Elem/sec (K-12) education: See chapter 7 † Coverdell ESA Earnings not taxed $2,000 contribution per beneficiary Books Supplies Equipment Computer equipment, computer software, or Internet access and related services Expenses for special needs services Payments to QTP Higher education: Room & board if at least half-time student Elem/sec (K–12) education: See chapter 6 Student Loan Interest Deduction Can deduct interest paid $2,500 deduction Books Supplies Equipment Room & board Transportation Other necessary expenses Lifetime Learning Credit Credits can reduce the amount of tax you must pay $2,000 credit per tax return Amounts paid for required books, etc., that must be paid to the educational institution are required fees American Opportunity Credit Credits can reduce the amount of tax you must pay. 40% of the credit may be refundable (limited to $1,000 per student). $2,500 credit per student Course-related books, supplies, and equipment Scholarships, Fellowship Grants, Grants, and Tuition Reductions Amounts received may not be taxable None Course-related expenses such as fees, books, supplies, and equipment You generally can't claim more than one benefit for the same education expense. Highlights of Education Tax Benefits for Tax Year 2022 This chart highlights some differences among the benefits discussed in this publication. See the text for definitions and details. alone. Caution: What is your benefit? What is the annual limit? What expenses qualify besides tuition and required enrollment fees? Page 72 Publication 970 (2022) |
Page 73 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Business Deduction for Work-Related Education Required by employer or law to keep present job, salary, status Maintain or improve job skills Can't be to meet minimum educational requirements of present trade/ business Can't qualify you for new trade/ business No phaseout † Employer- Provided Educational Assistance Undergraduate & graduate No other conditions No phaseout † Education Savings Bond Program Undergraduate & graduate Applies only to qualified series EE bonds issued after 1989 or series I bonds $85,800 – $100,800 $128,650– $158,650 for joint returns Education Exception to Additional Tax on Early IRA Distribution † s Undergradua te & graduate No other conditions No phaseout † Qualified Tuition Program (QTP) Undergraduate & graduate K–12 for no more than $10,000 of tuition No other conditions No phaseout † Coverdell ESA Undergraduate & graduate K–12 Assets must be distributed at age 30 unless special needs beneficiary $95,000 – $110,000 $190,000 – $220,000 for joint returns Student Loan Interest Deduction Undergraduate & graduate Must have been at least half-time student in degree program $70,000 – $85,000 $145,000 – $175,000 for joint returns Lifetime Learning Credit Undergraduate & graduate Courses to acquire or improve job skills No other conditions $80,000 – $90,000 $160,000 – $180,000 for joint returns American Opportunity Credit Undergraduate & graduate Can be claimed for only 4 tax years Must be enrolled at least half-time in degree program No felony drug conviction(s) Must not have completed first 4 years of postsecondary education before end of preceding tax year $80,000 – $90,000 $160,000 – $180,000 for joint returns Scholarships, Fellowship Grants, Grants, and Tuition Reductions Undergraduate & graduate K–12 Must be in degree or vocational program Payment of tuition and required fees must be allowed under the grant No phaseout What education qualifies? What are some of the other conditions that apply? In what income range do benefits phase out? † Any nontaxable distribution is limited to the amount that doesn't exceed qualified education expenses. Publication 970 (2022) Page 73 |
Page 74 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Glossary The education benefits included in this b. A program of training to pre- 7. Scholarships and fellowship publication were enacted over many pare students for gainful em- grants. An institution that main- years, leading to a number of common ployment in a recognized occu- tains a regular faculty and curricu- terms being defined differently from pation. lum and normally has a regularly one benefit to the next. For example, enrolled body of students in at- an eligible educational institution Designated beneficiary: The indi- tendance at the place where it car- means one thing when determining if vidual named in the document creating ries on its educational activities. earnings from a Coverdell education the account/plan who is to receive the savings account aren't taxable and benefit of the funds in the account/ 8. Student loan, cancellation of. something else when determining if a plan. Same as Scholarships and fellow- ship grants in this category. scholarship or fellowship grant isn't Eligible educational institution: taxable. 9. Student loan interest deduc- 1. American opportunity credit. tion. Any college, university, voca- For each term listed below that has Any college, university, vocational tional school, or other postsecon- more than one definition, the definition school, or other postsecondary ed- dary educational institution eligible for each education benefit is listed. ucational institution eligible to par- to participate in a student aid pro- ticipate in a student aid program gram administered by the U.S. De- Academic period: A semester, tri- administered by the U.S. Depart- partment of Education. It includes mester, quarter, or other period of ment of Education. It includes vir- virtually all accredited public, non- study (such as a summer school ses- tually all accredited public, non- profit, and proprietary (privately sion) as reasonably determined by an profit, and proprietary (privately owned profit-making) postsecon- educational institution. If an educa- owned profit-making) postsecon- dary institutions. Also included is tional institution uses credit hours or dary institutions. an institution that conducts an in- clock hours and doesn't have aca- ternship or residency program demic terms, each payment period can 2. Coverdell education savings leading to a degree or certificate be treated as an academic period. account (ESA). Any college, uni- from an institution of higher educa- versity, vocational school, or other tion, a hospital, or a health care fa- Adjusted qualified education ex- postsecondary educational institu- cility that offers postgraduate train- penses (AQEE): Qualified education tion eligible to participate in a stu- ing. expenses (defined later) reduced by dent aid program administered by any tax-free educational assistance, the U.S. Department of Education. Eligible student: such as a tax-free scholarship or em- It includes virtually all accredited ployer-provided educational assis- public, nonprofit, and proprietary 1. American opportunity credit. A tance. They must also be reduced by (privately owned profit-making) student who meets all of the fol- any qualified education expenses de- postsecondary institutions. Also in- lowing requirements for the tax ducted elsewhere on your return, used cluded is any public, private, or re- year for which the credit is being to determine an education credit or ligious school that provides ele- determined. other benefit, or used to determine a mentary or secondary education • Didn't have expenses that tax-free distribution. For information on (kindergarten through grade 12), were used to figure an Ameri- a specific benefit, see the appropriate as determined under state law. can opportunity credit in any 4 chapter in this publication. 3. Education savings bond pro- earlier tax years. Candidate for a degree: A student gram. Same as American opportu- • Hadn't completed the first 4 who meets either of the following re- nity credit in this category. years of postsecondary educa- quirements. tion (generally, the freshman 4. IRA, early distributions from. through senior years) in an 1. Attends a primary or secondary Same as American opportunity earlier tax year. school or pursues a degree at a credit in this category. college or university. • For at least one academic pe- 5. Lifetime learning credit. Same riod beginning in the tax year, 2. Attends an accredited educational as American opportunity credit in was enrolled at least half-time institution that is authorized to pro- this category. in a program leading to a de- vide: 6. Qualified tuition program gree, certificate, or other rec- a. A program that is acceptable (QTP). Generally, same as Cover- ognized educational credential for full credit toward a bache- dell education savings account at an eligible educational insti- lor's or higher degree, or (ESA) in this category. tution. Page 74 Publication 970 (2022) |
Page 75 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Was free of any federal or • Exclusion of income by bona 2. Coverdell education savings state felony conviction for pos- fide residents of American Sa- account (ESA). Expenses related sessing or distributing a con- moa, to or required for enrollment or at- trolled substance as of the end tendance of the designated benefi- • Exclusion of income by bona of the tax year. ciary at an eligible elementary, fide residents of Puerto Rico, secondary, or postsecondary 2. Lifetime learning credit. A stu- • Exclusion for adoption benefits school. Includes computer or pe- dent who is enrolled in one or received under an employer's ripheral equipment, computer soft- more courses at an eligible educa- adoption assistance program, ware, or Internet access and rela- tional institution. and ted services. Many specialized 3. Student loan interest deduc- • Deduction for student loan in- expenses included for K–12. Also tion. A student who was enrolled terest. includes expenses for special at least half-time in a program needs services and contributions leading to a postsecondary de- 4. Lifetime learning credit. Same to a qualified tuition program gree, certificate, or other recog- as American opportunity credit in (QTP). nized educational credential at an this category. 3. Education savings bond pro- eligible educational institution. 5. Student loan interest deduc- gram. Tuition and fees required to tion. Adjusted gross income (AGI) Half-time student: A student who is enroll at or attend an eligible edu- as figured on the federal income enrolled for at least half the full-time cational institution. Also includes tax return without taking into ac- academic workload for the course of contributions to a qualified tuition count any student loan interest de- study the student is pursuing, as deter- program (QTP) or Coverdell edu- duction, and modified by adding mined under the standards of the cation savings account (ESA). back any: school where the student is enrolled. Doesn't include expenses for room • Foreign earned income exclu- and board. Doesn't include expen- Modified adjusted gross income sion, ses for courses involving sports, (MAGI): games, or hobbies that aren't part • Foreign housing exclusion, of a degree or certificate-granting 1. American opportunity credit. program. Adjusted gross income (AGI) as • Foreign housing deduction, figured on the federal income tax • Exclusion of income by bona 4. IRA, early distributions from. return, modified by adding back fide residents of American Sa- Tuition, fees, books, supplies, and any: moa, and equipment required for enrollment or attendance at an eligible educa- • Foreign earned income exclu- • Exclusion of income by bona tional institution, plus certain limi- sion, fide residents of Puerto Rico. ted costs of room and board for • Foreign housing exclusion, Phaseout: The amount of credit or students who are enrolled at least • Foreign housing deduction, deduction allowed is reduced when the half-time. Also includes expenses modified adjusted gross income for special needs services incurred • Exclusion of income by bona by or for special needs students in (MAGI) is greater than a specified fide residents of American Sa- connection with their enrollment or amount of income. moa, and attendance. • Exclusion of income by bona Qualified education expenses: See 5. Lifetime learning credit. Tuition fide residents of Puerto Rico. the pertinent chapter for specific items. and certain related expenses re- 2. Coverdell education savings 1. American opportunity credit. quired for enrollment or attend- account (ESA). Same as Ameri- Tuition and certain related expen- ance at an eligible educational in- can opportunity credit in this cate- ses (including student activity stitution. Student activity fees and gory. fees) required for enrollment or at- expenses for course-related tendance at an eligible educational books, supplies, and equipment 3. Education savings bond pro- institution. Books, supplies, and are included only if the fees and gram. Adjusted gross income equipment needed for a course of expenses must be paid to the insti- (AGI) as figured on the federal in- study are included even if not pur- tution as a condition of enrollment come tax return without taking into chased from the educational insti- or attendance. Doesn't include ex- account any savings bond interest tution. Doesn't include expenses penses for room and board. exclusion and modified by adding for room and board. Doesn't in- Doesn't include expenses for cour- back any: clude expenses for courses involv- ses involving sports, games, or • Foreign earned income exclu- ing sports, games, or hobbies (in- hobbies (including noncredit cour- sion, cluding noncredit courses) that ses) that aren't part of the stu- aren't part of the student's postse- dent's postsecondary degree pro- • Foreign housing exclusion, condary degree program. gram, unless taken by the student • Foreign housing deduction, to acquire or improve job skills. Publication 970 (2022) Page 75 |
Page 76 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 6. Qualified tuition program 7. Scholarships and fellowship Recapture: To include as income on (QTP). Tuition, fees, books, sup- grants. Expenses for tuition and your current year's return an amount plies, and equipment required for fees required to enroll at or attend allowed as a deduction in a prior year. enrollment or attendance at an eli- an eligible educational institution, To include as tax on your current year's gible higher educational institution, and course-related expenses, return an amount allowed as a credit in plus certain limited costs of room such as fees, books, supplies, and a prior year. and board for students who are en- equipment that are required for the rolled at least half-time. Includes courses at the eligible educational Rollover: A tax-free distribution to computer or peripheral equipment, institution. Course-related items you of cash or other assets from a computer software, or Internet ac- must be required of all students in tax-favored plan that you contribute to cess and related services. Also in- the course of instruction. another tax-favored plan. cludes expenses for special needs 8. Student loan interest deduc- Transfer: A movement of funds in a services and computer access. tion. Total costs of attending an el- tax-favored plan from one trustee di- Also, for amounts paid from distri- igible educational institution, in- rectly to another, either at your request butions made after 2017, includes cluding graduate school (however, or at the trustee's request. no more than $10,000 of elemen- limitations may apply to the cost of tary and secondary school (K–12) room and board allowed). tuition incurred after 2017. Page 76 Publication 970 (2022) |
Page 77 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. To help us develop a more useful index, please let us know if you have ideas for index entries. Index See “Comments and Suggestions” in the “Introduction” for the ways you can reach us. Deductible education expenses 62 64, Losses 47 529 program (See Qualified tuition Deducting business expenses 65 66, Modified adjusted gross income program (QTP)) Double benefit not allowed 64 (MAGI) 41 42, Education required by employer or by Worksheet 6-2 42 A law 59 Overview (Table 6-1) 39 Academic period: Education to maintain or improve Qualified education expenses 39 40, American opportunity credit 12 skills 59 Rollovers 43 Lifetime learning credit 24 Education to meet minimum Tax benefit of 38 Student loan interest deduction 32 requirements 60 61, Tax-free distributions 45 Accountable plans 64 65, Education to qualify for new trade or Taxable distributions 45 47- Additional tax business 61 62, Worksheet 6-3 to figure 49 Coverdell ESA: Excess expenses, accountable plan 65 Transfers 43 On excess contributions 43 Indefinite absence 60 CPA review course 62 On taxable distributions 47 Maintaining skills vs. qualifying for new Credits: job 59 IRA distributions, education American opportunity (See American exception 54 Nonaccountable plans 65 opportunity credit) Qualified tuition program (QTP), on Nondeductible expenses 62 Lifetime learning (See Lifetime learning taxable distributions 53 Qualified education expenses 62 64, credit) Adjusted qualified education expenses Recordkeeping requirements 66 Cruises, educational 63 (See Qualified education expenses) Reimbursements, treatment of 64 65, American opportunity credit Tax benefit of 59 D Adjustments to qualified education Tax-free educational assistance 64 Deductions (See Business deduction for expenses 14 Teachers 61 62, work-related education) Claiming dependent's expenses 19 20, Temporary absence to acquire Designated beneficiary: Tuition reduction 20 education 59 Coverdell ESA 39 44, Claiming the credit 11 12 22, , Transportation expenses 62 63, Qualified tuition program (QTP) 50 54, Qualifying to claim (Figure 2-1) 13 Travel expenses 63 Disabilities, persons with: Contrast to the lifetime learning Impairment-related work expenses 65 credits 72 C Distributions (See specific benefit) Coordination with Coverdell ESA Cancellation of student loan Divorce: distributions 46 (See Student loan cancellation) Coverdell ESA transfer due to 44 Coordination with qualified tuition Candidate for a degree: Expenses paid under decree: program (QTP) distributions 52 Scholarships and fellowship grants 6 American opportunity credit 20 Eligible educational institution 13 Change of designated beneficiary: Lifetime learning credit 29 Eligible student 18 Coverdell ESA 44 Double benefit not allowed: Requirements (Figure 2-2) 19 Qualified tuition program 54 American opportunity credit 14 Expenses qualifying for 12 16, Comprehensive or bundled fees: Lifetime learning credit 25 Figuring the credit 20 American opportunity credit 18 Student loan interest deduction 34 credit 21 Income level, effect on amount of Lifetime learning credit 28 Work-related education 64 Income limits 21 Conventions outside U.S. 63 Modified adjusted gross income Coverdell education savings account E (MAGI) 22 (ESA) 38 49- Modified adjusted gross income (MAGI) Additional tax: Early distributions from IRAs 54 55, Worksheet 2-1 21 On excess contributions 43 Eligible educational institution 54 Overview of American opportunity credit On taxable distributions 47 Figuring amount not subject to 10% (Table 2-1) 11 Assets to be distributed at age 30 or tax 55 Phaseout 21 death of beneficiary 48 Qualified education expenses 54 Qualified education expenses 13 Contribution limits 41 42, Reporting 55 Tax benefit of 9 Figuring the limit (Worksheet 6-1) 42 Education IRA (See Coverdell education Armed Forces Health Professions Contributions to 40 43, savings account (ESA)) Scholarship and Financial Table 6-2 41 Education loans (See Student loan interest deduction) Assistance Program 8 Coordination with American opportunity Assistance (See Tax help) and lifetime learning credits 46 Education savings account (See Coverdell education savings Athletic scholarships 6 Coordination with qualified tuition account (ESA)) program (QTP) 46 Education savings bond program B Defined 39 Cashing in bonds tax free 56 57, Distributions 44 48, Bar review course 62 Claiming exclusion 57 Overview (Table 6-3) 45 Bonds, education savings Eligible educational institution 56 (See Education savings bond program) Divorce, transfer due to 44 Figuring tax-free amount 57 Business deduction for work-related Eligible educational institution 39 Income level, effect on amount of education 58 Figuring taxable portion of exclusion 57 Accountable plans 64 65, distribution 45 Modified adjusted gross income Adjustments to qualifying work-related Worksheet 6-3 49 (MAGI) 57 education expenses 64 Figuring the taxable earnings in required Phaseout 57 Allocating meal reimbursements 65 distribution 48 Qualified education expenses 56 Publication 970 (2022) Page 77 |
Page 78 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Educational assistance, Title IV need-based education 7 Coverdell ESA 41 42, employer-provided (See Employer- Worksheet 6-1 42 provided educational assistance) H Education savings bond program 57 Eligible educational institution: Lifetime learning credit 30 Half-time student: American opportunity credit 13 Worksheet 3-1 30 American opportunity credit 18 Coverdell ESA 39 Student loan interest deduction 35 Coverdell ESA 40 Early distributions from IRAs 54 Table 4-2 35 Early distributions from IRAs 55 Education savings bond program 56 Student loan interest deduction 32 Lifetime learning credit 24 N Qualified tuition program (QTP) 50 I National Health Service Corps Qualified tuition reduction 8 Scholarship Program 6 8, Scholarships and fellowship grants 6 8, Impairment-related work expenses: Student loan interest deduction 32 Work-related education deduction 65 Nonaccountable plans: Eligible elementary or secondary Individual retirement arrangements Work-related education 65 school: (IRAs) P Coverdell ESA 39 Eligible student: L Pell grants 7 27, American opportunity credit 18 Lifetime learning credit 23 Performing artists, work-related Lifetime learning credit 29 Academic period 24 education deduction 65 Student loan interest deduction 32 Adjustments to qualified education Phaseout Employer-provided educational expenses 25 American opportunity credit 21 assistance 57 58, Claiming dependent's expenses 29 Education savings bond program 57 ESAs (See Coverdell education savings Tuition reduction 29 Lifetime learning credit 30 account (ESA)) Claiming the credit 23 24 31, , Student loan interest deduction 35 36, Estimated tax 3 Qualifying to claim (Figure 3-1) 26 Publications (See Tax help) Excess contributions Contrast to the American opportunity Coverdell ESA 43 credit 72 Q Excess expenses, accountable plan 65 Coordination with Coverdell ESA Qualified education expenses Expenses (See specific benefit) distributions 46 Adjustments to: Coordination with qualified tuition American opportunity credit 14 16- F program (QTP) distributions 52 Coverdell ESA 45 Eligible educational institution 24 Family members, beneficiary: Education savings bond program 56 Eligible student 29 Coverdell ESA 44 Lifetime learning credit 25 Expenses qualifying for 24 27- Qualified tuition program (QTP) 53 Qualified tuition program (QTP) 51 Figuring the credit 29 Fee-basis officials, work-related Student loan interest deduction 33 education deduction 65 Income level, effect on amount of Work-related education 64 credit 30 Fellowship grants (See Scholarships and American opportunity credit 13 16- fellowship grants) Income limits 30 Figures (See Tables and figures) Modified adjusted gross income Coverdell ESA 39 40, (MAGI) 30 Early distributions from IRAs 54 Figuring tax-free and taxable Education savings bond program 56 (Worksheet 1-1) 6 Worksheet 3-1 30 Financial aid (See Scholarships and Overview (Table 3-1) 23 Expenses not qualified: fellowship grants) Phaseout 30 American opportunity credit 17 18, Form 1098-E: Qualified education expenses 24 27, Lifetime learning credit 28 Student loan interest deduction 33 35, Qualifying to claim (Figure 3-1) 26 Lifetime learning credit 24 27- Form 1098-T: Tax benefit of 22 Qualified tuition program (QTP) 50 American opportunity credit 20 Loans Scholarships and fellowship grants 6 Lifetime learning credit 29 Cancellation (See Student loan Student loan interest deduction 32 Form 1099-Q: cancellation) Work-related education 62 64- Coverdell ESA 43 45, Capitalized interest on student loan 33 Qualified elementary and secondary Qualified tuition program (QTP) 51 Origination fees on student loan 33 education expenses: Form 1099-R: Qualified education expenses paid with: Coverdell ESAs 40 Early distributions from IRAs 55 American opportunity credit 12 Qualified employer plans: Form 2106 63 Lifetime learning credit 24 Student loan interest deduction not Form 5329: Student loan repayment assistance 38 allowed 32 Coverdell ESA 47 Losses, deducting: Qualified student loans 31 32, Early distributions from IRAs 55 Coverdell ESA 47 Qualified tuition program (QTP) 50 54- Qualified tuition program (QTP) 53 Qualified tuition program (QTP) 53 Additional tax on taxable distributions 53 Form 8815 57 Luxury water transportation 63 Change of designated beneficiary 54 Form W-9S 20 30 35, , Contributions to 51 Fulbright grants 7 M Coordination with American opportunity Mileage deduction for work-related and lifetime learning credits 52 G education 58 63, Coordination with Coverdell ESA Military academy cadets 7 Glossary 4 74 76, - distributions 52 Missing children, photographs of 3 Graduate education tuition reduction 9 Defined 50 Modified adjusted gross income Eligible educational institution 50 Grants: (MAGI) Figuring taxable portion of Fulbright 7 American opportunity credit 22 distribution 51 Pell 7 Page 78 Publication 970 (2022) |
Page 79 of 79 Fileid: … tions/p970/2022/a/xml/cycle01/source 13:39 - 20-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Losses 53 Service academy cadets 7 Scholarships and fellowship grants, Recontribution 51 Sports, games, hobbies, and noncredit taxability of 5 Rollovers 53 54, courses: Student loan interest deduction: Tax benefit of 50 American opportunity credit 18 MAGI, effect of (Table 4-2) 35 Taxability of distributions 51 53- Education savings bond program 56 Overview (Table 4-1) 31 Taxable earnings 52 Lifetime learning credit 28 Summary chart of differences between Transfers 53 54, Standard mileage rate: education tax benefits 72 Qualified tuition reduction 8 9, Work-related education 58 63, Work-related education, qualifying Qualified U.S. savings bonds 56 State prepaid education accounts (Figure 11-1) 60 Qualifying work-related (See Qualified tuition program (QTP)) Tax help 66 education 59 62- Student loan cancellation 37 Tax-free educational assistance Determining if qualified (Figure 11-1) 60 Section 501(c)(3) organizations 38 American opportunity credit 14 Student loan interest deduction Coverdell ESA 45 R Academic period 32 Early distributions from IRAs 55 Recapture: Adjustments to qualified education Education savings bond program 56 expenses 33 Lifetime learning credit 25 American opportunity credit 15 Allocation between interest and Qualified tuition program (QTP) 51 Lifetime learning credit 27 principal 33 34, Work-related education 64 Recordkeeping requirements Claiming the deduction 36 Taxable scholarships and fellowship Work-related education 66 Eligible educational institution 32 grants 6 Refinanced and consolidated student Eligible student 32 Teachers 61 62, loans 33 Figuring the deduction 35 36, Temporary-basis student, Reimbursements transportation expenses of 62 Include as interest 33 Nondeductible expenses 65 Title IV need-based education grants 7 Income level, effect on amount of Work-related education 64 65, deduction 35 Transfers Related persons: Loan repayment assistance 34 Coverdell ESA 43 Coverdell ESA 44 Modified adjusted gross income Qualified tuition program (QTP) 53 54, Qualified tuition program (QTP) 53 (MAGI) 35 36, Transportation expenses Student loan interest deduction 32 Table 4-2 35 Work-related education 62 63, Repayment programs (See Student loan Not included as interest 34 Travel expenses: repayment assistance) Phaseout 35 36, 50% limit on meals 63 Reporting Qualified education expenses 32 Not deductible as form of education 64 American opportunity credit 22 Qualified employer plans 32 Work-related education 63 Coverdell ESA 43 45 47, , Qualified student loans 31 32, Tuition reduction Early distributions from IRAs 55 Reasonable period of time 32 American opportunity credit 20 Education savings bond program 57 Related persons 32 Lifetime learning credit 29 Lifetime learning credit 31 Student loan interest, defined 31 34, Qualified 8 9, Qualified tuition program (QTP) 52 53, Third-party interest payments 34 Scholarships and fellowship grants, When interest must be paid 34 U taxable 6 Worksheet 4-1 36 Student loan interest deduction 36 U.S. savings bonds 56 Student loan repayment assistance 38 Tuition reduction, taxable 9 Unclaimed reimbursement: Surviving spouse: Work-related education expenses 65, Work-related education 62 66 Coverdell ESA transfer to 48 Revolving lines of credit, interest on 33 V Rollovers T Veterans' benefits 8 Coverdell ESA 43 Tables and figures Qualified tuition program (QTP) 53 54, American opportunity credit: W Eligible student requirements (Figure S 2-2) 19 Withholding 4 Overview (Table 2-1) 11 Work-related education (See Business Scholarships and fellowship grants 5, deduction for work-related education) 6 27, Qualifying to claim (Figure 2-1) 13 Athletic scholarships 6 Comparison of education tax Working condition fringe benefit 58 benefits 72 Worksheets 6 Eligible educational institution 6 8, American opportunity credit MAGI Coverdell ESAs: Qualified education expenses 6 calculation (Worksheet 2-1) 21 Contributions to (Table 6-2) 41 Reporting 6 Coverdell ESA 49 Distributions (Table 6-3) 45 Scholarship, defined 5 Contribution limit (Worksheet 6-1) 42 Overview (Table 6-1) 39 Tax treatment of 5 MAGI, calculation of (Worksheet Education credits: Tax-free 5 6, 6-1) 42 Overview of American opportunity Taxable 6 credit (Table 2-1) 11 Taxable distributions and basis (Worksheet 6-3) 49 Section 501(c)(3) organizations Overview of lifetime learning credit (See Student loan cancellation) (Table 3-1) 23 Lifetime learning credit MAGI calculation (Worksheet 3-1) 30 Section 529 program (See Qualified Lifetime learning credit: tuition program (QTP)) Student loan interest deduction Overview (Table 3-1) 23 Self-employed persons: (Worksheet 4-1) 36 Qualifying to claim (Figure 3-1) 26 Deducting work-related education expenses 65 Publication 970 (2022) Page 79 |