Userid: SD_HDLBB schema tipx Leadpct: -10% Pt. size: 10 Draft Ok to Print PAGER/XML Fileid: ...DLBB\My Documents\2011\11Pub.970\11.P9702.13.12Epic.Latest.xml (Init. & date) Page 1 of 87 of Publication 970 13:55 - 21-MAR-2012 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 What’s New ............................... 2 Reminders ................................ 2 Publication 970 Introduction .............................. 2 Cat. No. 25221V 1. Scholarships, Fellowships, Grants, and Tuition Reductions ...................... 4 Scholarships and Fellowships ................. 4 Other Types of Educational Assistance.......... 6 Tax Benefits 2. American Opportunity Credit ............... 8 Can You Claim the Credit .................... 8 for Education What Expenses Qualify ..................... 9 Who Is an Eligible Student .................. 12 Who Can Claim a Dependent’s Expenses....... 13 For use in preparing Figuring the Credit ........................ 14 Claiming the Credit ........................ 15 Returns When Must the Credit Be Repaid 2011 (Recaptured) ........................ 16 Illustrated Example ........................ 16 3. Lifetime Learning Credit ................... 20 Can You Claim the Credit ................... 20 What Expenses Qualify .................... 21 Who Is an Eligible Student .................. 24 Who Can Claim a Dependent’s Expenses....... 24 Figuring the Credit ........................ 24 Claiming the Credit ........................ 25 When Must the Credit Be Repaid (Recaptured) ........................ 25 Illustrated Example ........................ 25 4. Student Loan Interest Deduction ............ 30 Student Loan Interest Defined ............... 30 Can You Claim the Deduction................ 33 Figuring the Deduction ..................... 33 Claiming the Deduction .................... 34 5. Student Loan Cancellations and Repayment Assistance .................. 36 Student Loan Cancellation .................. 36 Student Loan Repayment Assistance .......... 36 6. Tuition and Fees Deduction ................ 38 Can You Claim the Deduction................ 38 What Expenses Qualify .................... 38 Who Is an Eligible Student .................. 40 Who Can Claim a Dependent’s Expenses....... 40 Figuring the Deduction ..................... 41 Claiming the Deduction .................... 42 When Must the Deduction Be Repaid (Recaptured) ........................ 42 Illustrated Example ........................ 42 7. Coverdell Education Savings Account (ESA) ................................. 45 What Is a Coverdell ESA ................... 45 Contributions ............................ 46 Rollovers and Other Transfers ............... 49 Distributions ............................. 50 8. Qualified Tuition Program (QTP) ............ 55 What Is a Qualified Tuition Program ........... 55 How Much Can You Contribute............... 55 Get forms and other information Are Distributions Taxable ................... 55 Rollovers and Other Transfers ............... 58 faster and easier by: 9. Education Exception to Additional Tax Internet IRS.gov on Early IRA Distributions ................ 59 Who Is Eligible ........................... 59 Mar 21, 2012 |
Page 2 of 87 of Publication 970 13:55 - 21-MAR-2012 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% $86,100 or more. For 2010, the limits that applied to you Tax ............................... 59 were $70,100 and $85,100. For more information, see Reporting Early Distributions ................ 60 chapter 10, Education Savings Bond Program. 10. Education Savings Bond Program .......... 61 Business deduction for work-related education. For Who Can Cash In Bonds Tax Free ............ 61 2011, if you drive your car to and from school and qualify to Figuring the Tax-Free Amount ............... 62 deduct transportation expenses, the amount you can de- Claiming the Exclusion ..................... 62 duct for miles driven from January 1, 2011, through June Illustrated Example ........................ 62 30, 2011 is 51 cents per mile. The amount you can deduct 11. Employer-Provided Educational for miles driven from July 1, 2011, through December 31, Assistance ............................ 64 2011 is 55.5 cents per mile. This is up from 50 cents per mile during 2010. See chapter 12, Business Deduction for 12. Business Deduction for Work-Related Work-Related Education, for more information. Education ............................. 65 Qualifying Work-Related Education ........... 65 Future developments. The IRS has created a page on What Expenses Can Be Deducted ............ 68 IRS.gov for more information about Publication 970, at How To Treat Reimbursements .............. 70 www.irs.gov/pub970. Information about any future devel- Deducting Business Expenses ............... 71 opments affecting Publication 970 (such as legislation en- Recordkeeping ........................... 72 acted after we release it) will be posted on that page. Illustrated Example ........................ 72 13. How To Get Tax Help .................... 74 Reminders Appendices ............................... 76 Appendix A—Illustrated Example of Education Credits ..................... 76 Hope Credit. For 2011, the Hope credit is not available. Appendix B—Highlights of Education Tax However, you may be able to claim an American opportu- Benefits for Tax Year 2011 .............. 79 nity or lifetime learning credit. See chapter 2, American Opportunity Credit, and chapter 3, Lifetime Learning Glossary ................................. 81 Credit, for more information. Index .................................... 84 Estimated tax payments. If you have taxable income from any of your education benefits and the payer does not withhold enough income tax, you may need to make esti- What’s New mated tax payments. For more information, see Publica- tion 505, Tax Withholding and Estimated Tax. Lifetime learning credit. For 2011, the amount of your Photographs of missing children. The Internal Reve- lifetime learning credit is gradually reduced (phased out) if nue Service is a proud partner with the National Center for your modified adjusted gross income (MAGI) is between Missing and Exploited Children. Photographs of missing $51,000 and $61,000 ($102,000 and $122,000 if you file a children selected by the Center may appear in this publica- joint return). You cannot claim a credit if your MAGI is tion on pages that would otherwise be blank. You can help $61,000 or more ($122,000 or more if you file a joint bring these children home by looking at the photographs return). This is an increase from the 2010 limits of $50,000 and calling 1-800-THE-LOST (1-800-843-5678) if you rec- and $60,000 ($100,000 and $120,000 if filing a joint re- ognize a child. turn). For more information, see chapter 3, Lifetime Learn- ing Credit. Student loan interest deduction. The amount of your Introduction student loan interest deduction for 2011 is gradually re- This publication explains tax benefits that may be available duced (phased out) if your modified adjusted gross income to you if you are saving for or paying education costs for (MAGI) is between $60,000 and $75,000 ($120,000 and yourself or, in many cases, another student who is a $150,000 if you file a joint return). You cannot take a member of your immediate family. Most benefits apply only deduction if your MAGI is $75,000 or more ($150,000 or to higher education. more if you file a joint return). This is an increase from the 2010 limits of $55,000 and $70,000 ($115,000 and What is in this publication. Chapter 1, Scholarships, $145,000 if filing a joint return). See chapter 4, Student Fellowships, Grants, and Tuition Reductions, explains the Loan Interest Deduction, for more information. tax treatment of various types of educational assistance, including scholarships, fellowships, and tuition reductions. Increased income thresholds for education savings bond program. For 2011, the amount of your interest Two tax credits for which you may be eligible are ex- exclusion will be gradually reduced (phased out) if your plained in chapter 2, American Opportunity Credit, and filing status is married filing jointly or qualifying widow(er) chapter 3, Lifetime Learning Credit. These benefits, which with a dependent child, and your modified adjusted gross reduce the amount of income tax you may have to pay, are: income is between $106,650 and $136,650. You cannot • The American opportunity credit, and take the deduction if your MAGI is $136,650 or more. For • The lifetime learning credit. 2010, the limits that applied to you were $105,100 and $135,100. Ten other types of benefits are explained in chapters 4 For all other filing statuses, your interest exclusion for through 12. With these benefits, you may be able to: 2011 is phased out if your MAGI is between $71,100 and $86,100. You cannot take the deduction if your MAGI is • Deduct student loan interest; Page 2 Publication 970 (2011) |
Page 3 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Receive tax-free treatment of a canceled student a particular education benefit, but it will give you an over- loan; view of how certain terms are used in discussing the different benefits. • Receive tax-free student loan repayment assistance; • Deduct tuition and fees for education; Comments and suggestions. We welcome your com- • Establish and contribute to a Coverdell education ments about this publication and your suggestions for savings account (ESA), which features tax-free earn- future editions. ings; You can write to us at the following address: • Participate in a qualified tuition program (QTP), Internal Revenue Service which features tax-free earnings; Individual and Speciality Forms and Publications Branch • Take early distributions from any type of individual SE:W:CAR:MP:T:I retirement arrangement (IRA) for education costs 1111 Constitution Ave. NW, IR-6526 without paying the 10% additional tax on early distri- Washington, DC 20224 butions; • Cash in savings bonds for education costs without We respond to many letters by telephone. Therefore, it having to pay tax on the interest; would be helpful if you would include your daytime phone • Receive tax-free educational benefits from your em- number, including the area code, in your correspondence. ployer; and You can email us at taxforms@irs.gov. Please put “Pub- lications Comment” on the subject line. You can also send • Take a business deduction for work-related educa- us comments from www.irs.gov/formspubs/. Select “Com- tion. ment on Tax Forms and Publications” under “Information About.” Although we cannot respond individually to each com- Note. You generally cannot claim more than one of the ment received, we do appreciate your feedback and will benefits described in the lists above for the same qualifying consider your comments as we revise our tax products. education expense. Ordering forms and publications. Visit www.irs.gov/ Comparison table. Some of the features of these ben- formspubs/ to download forms and publications, call efits are highlighted in Appendix B, Highlights of Education 1-800-829-3676, or write to the address below and receive Tax Benefits for Tax Year 2011, later, in this publication. a response within 10 days after your request is received. This general comparison table may guide you in determin- ing which benefits you may be eligible for and which Internal Revenue Service chapters you may want to read. 1201 N. Mitsubishi Motorway Bloomington, IL 61705-6613 When you figure your taxes, you may want to TIP compare these tax benefits so you can choose the method(s) that gives you the lowest tax liabil- Tax questions. If you have a tax question, check the ity. If you qualify, you may find that a combination of information available on IRS.gov or call 1-800-829-1040. credit(s) and deduction(s) gives you the lowest tax. We cannot answer tax questions sent to either of the above addresses. Analyzing your tax withholding. After you estimate your education tax benefits for the year, you may be able to reduce the amount of your federal income tax withholding. Useful Items Also, you may want to recheck your withholding during the You may want to see: year if your personal or financial situation changes. See Publication 919, How Do I Adjust My Tax Withholding, for Publication more information. 463 Travel, Entertainment, Gift, and Car Expenses Glossary. In this publication, wherever appropriate, we 525 Taxable and Nontaxable Income have tried to use the same or similar terminology when referring to the basic components of each education bene- 550 Investment Income and Expenses fit. Some of the terms used are: 590 Individual Retirement Arrangements (IRAs) • Qualified education expenses, Form (and Instructions) • Eligible educational institution, and 1040 U.S. Individual Income Tax Return • Modified adjusted gross income. 1040A U.S. Individual Income Tax Return Even though the same term, such as qualified education 1040EZ Income Tax Return for Single and Joint expenses, is used to label a basic component of many of Filers With No Dependents the education benefits, the same expenses are not neces- sarily allowed for each benefit. For example, the cost of 1040NR U.S. Nonresident Alien Income Tax Return room and board is a qualified education expense for the 1040NR-EZ U.S. Income Tax Return for Certain qualified tuition program, but not for the education savings Nonresident Aliens With No Dependents bond program. Many of the terms used in the publication are defined in 2106 Employee Business Expenses the glossary near the end of the publication. The glossary 2106-EZ Unreimbursed Employee Business is not intended to be a substitute for reading the chapter on Expenses Publication 970 (2011) Page 3 |
Page 4 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 5329 Additional Taxes on Qualified Plans and 8917 Tuition and Fees Deduction Other Tax-Favored Accounts Schedule A (Form 1040) Itemized Deductions 8815 Exclusion of Interest From Series EE and I U.S. Savings Bonds Issued After 1989 See chapter 13, How To Get Tax Help, for information 8863 Education Credits about getting these publications and forms. Page 4 Publication 970 (2011) |
Page 5 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Scholarships, • Fellowships, 1. • Need-based education grants, such as a Pell Grant, and Scholarships, Qualified tuition reductions. • Fellowships, Grants, Many types of educational assistance are tax free if they meet the requirements discussed here. and Tuition Special rules apply to U.S. citizens and resident aliens Reductions who have received scholarships or fellowships for study- ing, teaching, or researching abroad. For information about these rules, see Publication 54, Tax Guide for U.S. Reminder Citizens and Resident Aliens Abroad. Individual retirement arrangements (IRAs). You can set up and make contributions to an IRA if you receive Scholarships and Fellowships taxable compensation. Under this rule, a taxable scholar- ship or fellowship is compensation only if it is shown in box A scholarship is generally an amount paid or allowed to, or 1 of your Form W-2, Wage and Tax Statement. For more for the benefit of, a student at an educational institution to information about IRAs, see Publication 590. aid in the pursuit of studies. The student may be either an undergraduate or a graduate. A fellowship is generally an amount paid for the benefit of an individual to aid in the pursuit of study or research. Introduction Table 1-1, Tax Treatment of Scholarship and Fellowship This chapter discusses the tax treatment of various types Payments, provides an overview of the tax treatment of of educational assistance you may receive if you are study- amounts received as a scholarship or fellowship (other ing, teaching, or researching in the United States. The than amounts received as payment for services). Gener- educational assistance can be for a primary or secondary ally, whether the amount is tax free or taxable depends on school, a college or university, or a vocational school. the expense paid with the amount and whether you are a Included are discussions of: degree candidate. Worksheet 1-1. Taxable Scholarship and Fellowship Income Keep for Your Records 1. Enter your scholarship or fellowship income for 2011 .................................. 1. • If you are a degree candidate at an eligible educational institution, go to line 2. • If you are not 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 Fellowships, later, in this chapter. 2. Enter the amount from line 1 that was for teaching, research, or any other services required as a condition for receiving the scholarship. (Do not include amounts received for these items under the National Health Service Corps Scholarship Program or the Armed Forces Health Professions Scholarship and Financial Assistance Program.) ..................................... 2. 3. Subtract line 2 from line 1 ..................................................... 3. 4. Enter the amount from line 3 that your scholarship or fellowship required you to use for other than qualified education expenses ................................................... 4. 5. Subtract line 4 from line 3 ..................................................... 5. 6. Enter the amount from line 5 that was used for qualified education expenses required for study at an eligible educational institution. This amount is the tax-free part of your scholarship or fellowship income* .................................................................. 6. 7. Subtract line 6 from line 5 ..................................................... 7. 8. Taxable part. Add lines 2, 4, and 7. See Reporting Scholarships and Fellowships, later, for how to report this amount on your tax return .............................................. 8. * If you qualify for other education benefits (see chapters 2 through 12), you may have to reduce the amount of education expenses qualifying for a specific benefit by the tax-free amount on this line. Chapter 1 Scholarships, Fellowships, Grants, and Tuition Reductions Page 5 |
Page 6 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Eligible educational institution. An eligible educational Table 1-1. Tax Treatment of Scholarship1 institution is one whose primary function is the presenta- and Fellowship Payments tion of formal instruction and that normally maintains a Do not rely on this table alone. Refer to the text for complete details. regular faculty and curriculum and normally has a regularly enrolled body of students in attendance at the place where AND you are... THEN the payment is... it carries on its educational activities. IF you use Not a Qualified education expenses. For purposes of tax-free the payment A degree degree scholarships and fellowships, these are expenses for: for... candidate candidate Tax free2 Taxable • Tuition and fees required to enroll at or attend an Tuition X X eligible educational institution, and X X • Course-related expenses, such as fees, books, sup- Fees X X3 plies, and equipment that are required for the X X courses at the eligible educational institution. These Books X X3 items must be required of all students in your course of instruction. X X 3 However, in order for these to be qualified education ex- Supplies X X penses, the terms of the scholarship or fellowship cannot X X require that it be used for other purposes, such as room Equipment X X3 and board, or specify that it cannot be used for tuition or course-related expenses. X X Room X X Expenses that do not qualify. Qualified education ex- penses do not include the cost of: X X Board X X • Room and board, X X • Travel, Travel X X • Research, X X • Clerical help, or tional institution. 231 IfPaymentsDoestermsrequirednotof theincludeusedof allscholarshipforstudentspaymentsany expensesinorthereceivedfellowshipcourse.indicatedfordopast,notinprohibitpresent,this columntheor futureexpense.are taxservices.free only if the • forEquipmentenrollmentandinotheror attendanceexpensesatthatanareeligiblenot requirededuca- Tax-Free Scholarships and Athletic Scholarships Fellowships An athletic scholarship is tax free if it meets the require- ments discussed earlier. A scholarship or fellowship is tax free only if: You are a candidate for a degree at an eligible edu- Worksheet 1-1. You can use Worksheet 1-1, Taxable • cational institution, Scholarship and Fellowship Income, later, to figure the tax-free and taxable parts of your scholarship or fellowship. • You use the scholarship or fellowship to pay quali- fied education expense, and It does not represent payment for teaching, re- Taxable Scholarships and • search, or other services required as a condition for Fellowships receiving the scholarship. (But for exceptions, see Taxable Scholarships and Fellowships, later.) If your scholarship or fellowship does not meet the require- ments described earlier, it is taxable. The following amounts received may be taxable. Candidate for a degree. You are a candidate for a de- gree if you: • Amounts used to pay expenses that do not qualify. • Payments for services. 1. Attend a primary or secondary school or are pursuing a degree at a college or university, or • Scholarship prizes. 2. Attend an educational institution that: Each type is discussed below. a. Provides a program that is acceptable for full Amounts used to pay expenses that do not qualify. A credit toward a bachelor’s or higher degree, or scholarship amount you use to pay any expense that does offers a program of training to prepare students not qualify is taxable, even if the expense is a fee that you for gainful employment in a recognized occupa- must pay to the institution as a condition of enrollment or tion; and attendance. b. Is authorized under federal or state law to provide Payment for services. Generally, you must include in such a program and is accredited by a nationally income the part of any scholarship or fellowship that repre- recognized accreditation agency. sents payment for teaching, research, or other services required as a condition for receiving the scholarship. This applies even if all candidates for a degree must perform Page 6 Chapter 1 Scholarships, Fellowships, Grants, and Tuition Reductions |
Page 7 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. the services to receive the degree. (See below for excep- Form 1040EZ. If you file Form 1040EZ, include the tax- tions.) able amount in the total on line 1. If the taxable amount was not reported on Form W-2, also enter “SCH” and the Exceptions. You do not have to include in income the taxable amount in the space to the left of line 1. part of any scholarship or fellowship that represents pay- ment for teaching, research, or other services if you re- Form 1040A. If you file Form 1040A, include the taxable ceive the amount under: amount in the total on line 7. If the taxable amount was not • The National Health Service Corps Scholarship Pro- reported on Form W-2, also enter “SCH” and the taxable gram, or amount in the space to the left of line 7. • The Armed Forces Health Professions Scholarship Form 1040. If you file Form 1040, include the taxable and Financial Assistance Program, amount in the total on line 7. If the taxable amount was not and you: reported on Form W-2, also enter “SCH” and the taxable amount on the dotted line next to line 7. • Are a candidate for a degree at an eligible educa- tional institution, and Schedule SE (Form 1040). To determine your net earnings from self-employment, include amounts you re- • Use that part of the scholarship or fellowship to pay ceive under a scholarship as pay for your services that are qualified education expenses. reported to you on Form 1099-MISC, Miscellaneous In- come. If your net earnings are $400 or more, you must pay Example 1. You received a scholarship of $2,500. The self-employment tax. Use Schedule SE, Self-Employment scholarship was not received under either of the excep- Tax, to figure this tax. tions mentioned above. As a condition for receiving the scholarship, you must serve as a part-time teaching assis- Form 1040NR. If you file Form 1040NR, report the taxable tant. Of the $2,500 scholarship, $1,000 represents pay- amount on line 12. Generally, you must report the amount ment for teaching. The provider of your scholarship gives shown in box 2 of Form(s) 1042-S, Foreign Person’s U.S. you a Form W-2 showing $1,000 as income. You used all Source Income Subject to Withholding. See the Instruc- the money for qualified education expenses. Assuming tions for Form 1040NR for more information. that all other conditions are met, $1,500 of your scholar- Form 1040NR-EZ. If you file Form 1040NR-EZ, report the ship is tax free. The $1,000 you received for teaching is taxable amount on line 5. Generally, you must report the taxable. amount shown in box 2 of Form(s) 1042-S. See the In- structions for Form 1040NR-EZ for more information. Example 2. You are a candidate for a degree at a medical school. You receive a scholarship (not under ei- ther of the exceptions mentioned above) for your medical education and training. The terms of your scholarship Other Types of require you to perform future services. A substantial pen- alty applies if you do not comply. The entire amount of your Educational Assistance grant is taxable as payment for services in the year it is received. The following discussions deal with common types of edu- cational assistance other than scholarships and fellow- Scholarship prizes. If you win a scholarship as a prize in ships. a contest, the scholarship is fully taxable unless you meet the requirements discussed earlier under Tax-Free Schol- Fulbright Grants arships and Fellowships. A Fulbright grant is generally treated as a scholarship or fellowship in figuring how much of the grant is tax free. Reporting Scholarships and Report only the taxable amount on your tax return. See Fellowships Reporting Scholarships and Fellowships, earlier. Whether you must report your scholarship or fellowship depends on whether you must file a return and whether Pell Grants and Other Title IV any part of your scholarship or fellowship is taxable. Need-Based Education Grants If your only income is a completely tax-free scholarship or fellowship, you do not have to file a tax return and no These need-based grants are treated as scholarships for reporting is necessary. If all or part of your scholarship or purposes of determining their tax treatment. They are tax fellowship is taxable and you are required to file a tax free to the extent used for qualified education expenses return, report the taxable amount as explained below. You during the period for which a grant is awarded. Report only must report the taxable amount whether or not you re- the taxable amount on your tax return. See Reporting ceived a Form W-2. If you receive an incorrect Form W-2, Scholarships and Fellowships, earlier. ask the payer for a corrected one. For information on whether you must file a return, see Payment to Service Academy Cadets Publication 501, Exemptions, Standard Deduction, and An appointment to a United States military academy is not Filing Information, or your income tax form instructions. a scholarship or fellowship. Payment you receive as a cadet or midshipman at an armed services academy is pay How To Report 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 How you report any taxable scholarship or fellowship in- receive it unless one of the exceptions, discussed earlier come depends on which return you file. under Payment for services, applies. Chapter 1 Scholarships, Fellowships, Grants, and Tuition Reductions Page 7 |
Page 8 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Veterans’ Benefits of employees. The group must be defined under a reason- able classification set up by the employer. The classifica- Payments you receive for education, training, or subsis- tion must not discriminate in favor of owners, officers, or tence under any law administered by the Department of highly compensated employees. Veterans Affairs (VA) are tax free. Do not include these Payment for services. Generally, you must include in payments as income on your federal tax return. income the part of any qualified tuition reduction that repre- If you qualify for one or more of the education benefits sents payment for teaching, research, or other services by discussed in chapters 2 through 12, you may have to the student required as a condition of receiving the quali- reduce the amount of education expenses qualifying for a fied tuition reduction. This applies even if all candidates for specific benefit by part or all of your VA payments. This a degree must perform the services to receive the degree. applies only to the part of your VA payments that is re- (See below for exceptions.) quired to be used for education expenses. You may want to visit the Veteran’s Administration web- Exceptions. You do not have to include in income the part of any scholarship or fellowship that represents pay- site at www.gibill.va.gov for specific information about the ment for teaching, research, or other services if you re- various VA benefits for education. ceive the amount under: Example. You have returned to college and are receiv- • The National Health Service Corps Scholarship Pro- ing two education benefits under the latest GI Bill: (1) a gram, or $1,534 monthly basic housing allowance (BAH) that is The Armed Forces Health Professions Scholarship • directly deposited to your checking account, and (2) and Financial Assistance Program. $3,840 paid directly to your college for tuition. Neither of these benefits is taxable and you do not report them on your tax return. You also want to claim an American oppor- Education Below the Graduate Level tunity credit on your return. You paid $5,000 in qualified education expenses (see chapter 2, American Opportunity If you receive a tuition reduction for education below the Credit, later). To figure the amount of credit, you must first graduate level (including primary, secondary, or high school), it is a qualified tuition reduction, and therefore tax subtract the $3,840 from your qualified education ex- free, only if your relationship to the educational institution penses because this payment under the GI Bill was re- providing the benefit is described below. quired to be used for education expenses. You do not subtract any amount of the BAH because it was paid to you 1. You are an employee of the eligible educational insti- and its use was not restricted. tution. 2. You were an employee of the eligible educational Qualified Tuition Reduction institution, but you retired or left on disability. If you are allowed to study tuition free or for a reduced rate 3. You are a widow or widower of an individual who of tuition, you may not have to pay tax on this benefit. This died while an employee of the eligible educational is called a “tuition reduction.” You do not have to include a institution or who retired or left on disability. qualified tuition reduction in your income. 4. You are the dependent child or spouse of an individ- A tuition reduction is qualified only if you receive it from, ual described in (1) through (3), above. and use it at, an eligible educational institution. You do not have to use the tuition reduction at the eligible educational Child of deceased parents. For purposes of the qualified institution from which you received it. In other words, if you tuition reduction, a child is a dependent child if the child is work for an eligible educational institution and the institu- under age 25 and both parents have died. tion arranges for you to take courses at another eligible educational institution without paying any tuition, you may Child of divorced parents. For purposes of the qualified not have to include the value of the free courses in your tuition reduction, a dependent child of divorced parents is income. treated as the dependent of both parents. The rules for determining if a tuition reduction is quali- fied, and therefore tax free, are different if the education Graduate Education provided is below the graduate level or is graduate educa- tion. A tuition reduction you receive for graduate education is You must include in your income any tuition reduction qualified, and therefore tax free, if both of the following you receive that is payment for your services. requirements are met. • It is provided by an eligible educational institution. Eligible educational institution. An eligible educational institution is one that maintains a regular faculty and curric- • You are a graduate student who performs teaching ulum and normally has a regularly enrolled body of stu- or research activities for the educational institution. dents in attendance at the place where it carries on its You must include in income any other tuition reductions for educational activities. graduate education that you receive. Officers, owners, and highly compensated employees. How To Report Qualified tuition reductions apply to officers, owners, or highly compensated employees only if benefits are avail- Any tuition reduction that is taxable should be included as able to employees on a nondiscriminatory basis. This wages in box 1 of your Form W-2. Report the amount from means that the tuition reduction benefits must be available Form W-2, box 1, on line 7 (Form 1040 or Form 1040A) or on substantially the same basis to each member of a group line 1 (Form 1040EZ). Page 8 Chapter 1 Scholarships, Fellowships, Grants, and Tuition Reductions |
Page 9 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. per-student, per-year basis. This means that, for example, you can claim the American opportunity credit for one 2. student and the lifetime learning credit for another student in the same year. American Opportunity Differences between the American opportunity and lifetime learning credits. There are several differences Credit between these two credits. For example, you can claim the American opportunity credit based on the same student’s expenses for no more than 4 tax years, which includes any Introduction tax years you claimed the Hope credit for that student. For 2011, there are two tax credits available to help you However, there is no limit on the number of years for which offset the costs of higher education by reducing the you can claim a lifetime learning credit based on the same amount of your income tax. They are the American oppor- student’s expenses. The differences between these cred- tunity credit (this chapter) and the lifetime learning credit its are shown in Appendix B, Highlights of Education Tax (chapter 3). Benefits for Tax Year 2011 near the end of this publication. This chapter explains: Table 2-1. Overview of the American Opportunity • Who can claim the American opportunity credit, Credit • What expenses qualify for the credit, Maximum credit Up to $2,500 credit per eligible student • Who is an eligible student, Limit on modified $180,000 if married filling jointly; • Who can claim a dependent’s expenses, adjusted gross $90,000 if single, head of household, or income (MAGI) qualifying widow(er) • How to figure the credit, Refundable or 40% of credit may be refundable; the • How to claim the credit, and nonrefundable rest is nonrefundable • When the credit must be repaid. postsecondaryNumber of years ofpostsecondaryAvailable ONLYeducation for the first 4years of education What is the tax benefit of the American opportunity Number of tax years Available ONLY for 4tax years per credit. For the tax year, you may be able to claim an credit available eligible student (including any year(s) American opportunity credit of up to $2,500 for qualified Hope credit was claimed) education expenses paid for each eligible student. Type of degree Student must be pursuing a degree or A tax credit reduces the amount of income tax you may required other recognized education credential have to pay. Unlike a deduction, which reduces the amount Number of courses Student must be enrolled at least half of income subject to tax, a credit directly reduces the tax time for at least one academic period itself. Forty percent of the American opportunity credit may that begins during the tax year be refundable. This means that if the refundable portion of Felony drug As of the end of 2011, the student had your credit is more than your tax, the excess will be re- conviction not been convicted of a felony for funded to you. possessing or distributing a controlled Your allowable American opportunity credit may be lim- substance ited by the amount of your income. Also, the nonrefundable Qualified expenses Tuition, required enrollment fees, and part of the credit may be limited by the amount of your tax. course materials that the student needs for a course of study whether or not the You can choose the education benefit that will materials are bought at the educational TIP give you the lowest tax. You may want to com- institution as a condition of enrollment pare the tuition and fees deduction to either of the or attendance education credits. See chapter 6, Tuition and Fees Deduc- Payments for Payments made in 2011 for academic tion. academic periods periods beginning in 2011 or beginning in the first 3 months of 2012 Overview of the American opportunity credit. See Ta- ble 2-1, Overview of the American Opportunity Credit, for the basics of this credit. The details are discussed in this chapter. Can You Claim the Credit Can you claim more than one education credit this The following rules will help you determine if you are year. For each student, you can elect for any year only eligible to claim the American opportunity credit on your tax one of the credits. For example, if you elect to take the return. American opportunity credit for a child on your 2011 tax return, you cannot, for that same child, also claim the Who Can Claim the Credit lifetime learning credit for 2011. If you are eligible to claim the American opportunity Generally, you can claim the American opportunity credit if credit and you are also eligible to claim the lifetime learning all three of the following requirements are met. credit for the same student in the same year, you can You pay qualified education expenses of higher edu- choose to claim either credit, but not both. • cation. If you pay qualified education expenses for more than one student in the same year, you can choose to take the • You pay the education expenses for an eligible stu- American opportunity and lifetime learning credits on a dent. Chapter 2 American Opportunity Credit Page 9 |
Page 10 of 87 of Publication 970 13:55 - 21-MAR-2012 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 2011? No Did you pay qualied education expenses in 2011 for an eligible student?* Yes Did the academic period for which you paid qualied education No expenses begin in 2011 or the rst 3 months of 2012? Yes Is the eligible student you, your spouse (if married ling jointly), or your No dependent for whom you claim an exemption 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 2011, were you (or your spouse) a nonresident alien Yes who did not 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 joiintly)? Yes Are you claiming a lifetime learning credit or a tuition and fees Yes deduction for the same student? No Did you use the same expenses to claim a deduction or credit, or to Yes gure the tax free portion of a Coverdell ESA or QTP distribution? No Were the same expenses paid with tax-free educational assistance, such Yes as a scholarship, grant, GI Bill, or assistance provided by an employer? No You cannot Yes claim the Did you or someone else receive a refund of all the expenses? American No opportunity credit for 2011 You can claim the American opportunity credit for 2011 *Qualified education expenses paid by a dependent for whom you claim an exemption, or by a third party for that dependent, are considered paid by you. Page 10 Chapter 2 American Opportunity Credit |
Page 11 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • The eligible student is either yourself, your spouse, American opportunity credit for the year in which the ex- or a dependent for whom you claim an exemption on penses are paid, not the year in which the loan is repaid. your tax return. Treat loan payments sent directly to the educational institu- tion as paid on the date the institution credits the student’s account. Note. Qualified education expenses paid by a depen- dent for whom you claim an exemption, or by a third party Student withdraws from class(es). You can claim an for that dependent, are considered paid by you. American opportunity credit for qualified education ex- “Qualified education expenses” are defined later under penses not refunded when a student withdraws. Qualified Education Expenses. “Eligible students” are de- fined later under Who Is an Eligible Student. A dependent Qualified Education Expenses for whom you claim an exemption is defined later under Who Can Claim a Dependent’s Expenses. For purposes of the American opportunity credit, qualified You may find Figure 2-1, Can You Claim the American education expenses are tuition and certain related ex- Opportunity Credit for 2011, later, helpful in determining if penses required for enrollment or attendance at an eligible you can claim an American opportunity credit on your tax educational institution. return. Eligible educational institution. An eligible educational Who Cannot Claim the Credit institution is any college, university, vocational school, or other postsecondary educational institution eligible to par- You cannot claim the American opportunity credit for 2011 ticipate in a student aid program administered by the U.S. if any of the following apply. Department of Education. It includes virtually all accredited public, nonprofit, and proprietary (privately owned • Your filing status is married filing separately. profit-making) postsecondary institutions. The educational • You are listed as a dependent on another person’s institution should be able to tell you if it is an eligible tax return (such as your parents’). See Who Can educational institution. Claim a Dependent’s Expenses, later. Certain educational institutions located outside the Your modified adjusted gross income (MAGI) is United States also participate in the U.S. Department of • $90,000 or more ($180,000 or more in the case of a Education’s Federal Student Aid (FSA) programs. joint return). MAGI is explained later under Effect of the Amount of Your Income on the Amount of Your Related expenses. Student-activity fees are included in Credit. qualified education expenses only if the fees must be paid to the institution as a condition of enrollment or attendance. • You (or your spouse) were a nonresident alien for However, expenses for books, supplies, and equipment any part of 2011 and the nonresident alien did not needed for a course of study are included in qualified elect to be treated as a resident alien for tax pur- education expenses whether or not the materials are pur- poses. More information on nonresident aliens can chased from the educational institution. be found in Publication 519, U.S. Tax Guide for In the following examples, assume that each student is Aliens. an eligible student at an eligible educational institution. • You claim the lifetime learning credit or a Tuition and Fees Deduction for the same student in 2011. Example 1. Jefferson is a sophomore in University V’s degree program in dentistry. This year, in addition to tui- tion, he is required to pay a fee to the university for the rental of the dental equipment he will use in this program. What Expenses Qualify Because the equipment rental is needed for his course of study, Jefferson’s equipment rental fee is a qualified ex- The American opportunity credit is based on qualified pense. education expenses you pay for yourself, your spouse, or a dependent for whom you claim an exemption on your tax Example 2. Grace and William, both first-year students return. Generally, the credit is allowed for qualified educa- at College W, are required to have certain books and other tion expenses paid in 2011 for an academic period begin- reading materials to use in their mandatory first-year clas- ning in 2011 or the first three months of 2012. ses. The college has no policy about how students should For example, if you paid $1,500 in December 2011 for obtain these materials, but any student who purchases qualified tuition for the spring 2012 semester beginning them from College W’s bookstore will receive a bill directly January 2012, you may be able to use that $1,500 in from the college. William bought his books from a friend; figuring your 2011 credit. Grace bought hers at College W’s bookstore. Both are qualified education expenses for the American opportunity Academic period. An academic period includes a se- credit. mester, trimester, quarter, or other period of study (such as a summer school session) as reasonably determined by an Example 3. When Kelly enrolled at College X for her educational institution. In the case of an educational insti- freshman year, she had to pay a separate student activity tution that uses credit hours or clock hours and does not fee in addition to her tuition. This activity fee is required of have academic terms, each payment period can be treated all students, and is used solely to fund on-campus organi- as an academic period. zations and activities run by students, such as the student newspaper and the student government. No portion of the Paid with borrowed funds. You can claim an American fee covers personal expenses. Although labeled as a stu- opportunity credit for qualified education expenses paid dent activity fee, the fee is required for Kelly’s enrollment with the proceeds of a loan. Use the expenses to figure the and attendance at College X and is a qualified expense. Chapter 2 American Opportunity Credit Page 11 |
Page 12 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. No Double Benefit Allowed If the refund is received after you file your 2011 tax return, see When Must the Credit Be Repaid (Recaptured), later. You cannot do any of the following. You are considered to receive a refund of expenses when an eligible educational institution refunds loan pro- • Deduct higher education expenses on your income ceeds to the lender on behalf of the borrower. Depending tax return (as, for example, a business expense) and on when you are considered to receive the refund, follow also claim an American opportunity credit based on the above instructions or see When Must the Credit Be those same expenses. Repaid (Recaptured), later. • Claim an American opportunity credit in the same year that you are claiming a tuition and fees deduc- Amounts that do not reduce qualified education ex- tion for the same student. penses. Do not reduce qualified education expenses by amounts paid with funds the student receives as: • Claim an American opportunity credit and lifetime learning credit based on the same qualified educa- • Payment for services, such as wages, tion expenses. • A loan, • Claim an American opportunity credit based on the • A gift, same expenses used to figure the tax-free portion of a distribution from a Coverdell education savings • An inheritance, or account (ESA) or qualified tuition program (QTP). • A withdrawal from the student’s personal savings. See Coordination With American Opportunity and Lifetime Learning Credits in chapter 7, Coverdell Ed- Do not reduce the qualified education expenses by any ucation Savings Account, and Coordination With scholarship or fellowship reported as income on the stu- American Opportunity and Lifetime Learning Credits dent’s tax return in the following situations. in chapter 8, Qualified Tuition Program. • The use of the money is restricted, by the terms of • Claim a credit based on qualified education ex- the scholarship or fellowship, to costs of attendance penses paid with tax-free educational assistance, (such as room and board) other than qualified edu- such as a scholarship, grant, or assistance provided cation expenses as defined in Qualified education by an employer. See Adjustments to Qualified Edu- expenses in chapter 1, Scholarships, Fellowships, cation Expenses, next. Grants, and Tuition Reductions. • The use of the money is not restricted. Adjustments to Qualified Education Expenses Example 1. Joan paid $3,000 for tuition and $5,000 for If you pay qualified education expenses with certain room and board at University X. The university did not tax-free funds, you cannot claim a credit for those require her to pay any fees in addition to her tuition in order amounts. You must reduce the qualified education ex- to enroll in or attend classes. To help pay these costs, she penses by the amount of any tax-free educational assis- was awarded a $2,000 scholarship and a $4,000 student tance and refund(s) you received. loan. The terms of the scholarship state that it can be used to pay any of Joan’s college expenses. Tax-free educational assistance. This includes: University X applies the $2,000 scholarship against Joan’s $8,000 total bill, and Joan pays the $6,000 balance • The tax-free parts of scholarships and fellowships of her bill from University X with a combination of her (see Tax-Free Scholarships and Fellowships in student loan and her savings. Joan does not report any chapter 1, Scholarships, Fellowships, Grants, and portion of the scholarship as income on her tax return. Tuition Reductions), In figuring the amount of either education credit (Ameri- • Pell grants (see Pell Grants and Other Title IV can opportunity or lifetime learning), Joan must reduce her Need-Based Education Grants in chapter 1, Scholar- qualified education expenses by the amount of the scholar- ships, Fellowships, Grants, and Tuition Reductions). ship ($2,000) because she excluded the entire scholarship from her income. The student loan is not tax-free educa- • Employer-provided educational assistance (see tional assistance, so she does not need to reduce her chapter 11, Employer-Provided Educational Assis- qualified expenses by any part of the loan proceeds. Joan tance), is treated as having paid $1,000 in qualified education • Veterans’ educational assistance (see Veterans’ expenses ($3,000 tuition – $2,000 scholarship). Benefits in chapter 1, Scholarships, Fellowships, Grants, and Tuition Reductions), and Example 2. The facts are the same as in Example 1, except that Joan reports her entire scholarship as income • Any other nontaxable (tax-free) payments (other on her tax return. Because Joan reported the entire $2,000 than gifts or inheritances) received as educational scholarship in her income, she does not need to reduce assistance. her qualified education expenses. Joan is treated as hav- ing paid $3,000 in qualified education expenses. Refunds. Qualified education expenses do not include expenses for which you or someone else receives a re- Expenses That Do Not Qualify fund. (For information on expenses paid by a dependent student or third party, see Who Can Claim a Dependent’s Qualified education expenses do not include amounts paid Expenses, later in this chapter.) for: If a refund of expenses paid in 2011 is received before • Insurance, you file your tax return for 2011, simply reduce the amount of the expenses paid by the amount of the refund received. • Medical expenses (including student health fees), Page 12 Chapter 2 American Opportunity Credit |
Page 13 of 87 of Publication 970 13:55 - 21-MAR-2012 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 first 4 years of Yes postsecondary education before the beginning of the tax year? No Was either the American opportunity credit or Hope Yes credit (or a combination of both) claimed in at least 4 prior tax years for this student? No Was the student enrolled at least half-time in a program leading to a degree, certificate, or other No recognized educational credential for at least one academic period beginning during the tax year? Yes Is the student free of any federal or state felony No The student is not an conviction for possessing or distributing a controlled eligible student. substance as of the end of the tax year? Yes The student is an eligible student. • Room and board, other education is part of the student’s degree program, Transportation, or these expenses can qualify. • • Similar personal, living, or family expenses. Comprehensive or bundled fees. Some eligible educa- This is true even if the amount must be paid to the institu- tional institutions combine all of their fees for an academic tion as a condition of enrollment or attendance. period into one amount. If you do not receive or do not have access to an allocation showing how much you paid Sports, games, hobbies, and noncredit courses. Qual- for qualified education expenses and how much you paid ified education expenses generally do not include ex- for personal expenses, such as those listed above, contact penses that relate to any course of instruction or other the institution. The institution is required to make this education that involves sports, games or hobbies, or any allocation and provide you with the amount you paid (or noncredit course. However, if the course of instruction or were billed) for qualified education expenses on Form Chapter 2 American Opportunity Credit Page 13 |
Page 14 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 1098-T, Tuition Statement. See Figuring the Credit, later, student for the 2011 spring semester. College V classified for more information about Form 1098-T. Shelly as a second-semester senior (fourth year) for the 2011 spring semester and as a first-semester graduate student (fifth year) for the 2011 fall semester. Because Who Is an Eligible Student College V did not classify Shelly as having completed the first 4 years of postsecondary education as of the begin- To claim the American opportunity credit, the student for ning of 2011, Shelly is an eligible student for tax year 2011. whom you pay qualified education expenses must be an Therefore, the qualified education expenses paid for the eligible student. This is a student who meets all of the 2011 spring semester and the 2011 fall semester are taken following requirements. into account in calculating the American opportunity credit • The student did not have expenses that were used for 2011. to figure an American opportunity credit in any 4 earlier tax years. This includes any tax year(s) in Example 3. During the 2010 fall semester, Larry was a which you claimed the Hope credit for the same high school student who took classes on a half-time basis student. at College X. Larry was not enrolled as part of a degree The student had not completed the first 4 years of program at College X because College X only admits • postsecondary education (generally, the freshman, students to a degree program if they have a high school sophomore, junior, and senior years of college) diploma or equivalent. Because Larry was not enrolled in a before 2011. degree program at College X during 2010, Larry was not an eligible student for tax year 2010. • For at least one academic period beginning in 2011, the student was enrolled at least half-time in a pro- Example 4. The facts are the same as in Example 3. gram leading to a degree, certificate, or other recog- nized educational credential. During the 2011 spring semester, Larry again attended College X but not as part of a degree program. Larry • The student has not been convicted of any federal or graduated from high school in June 2011. For the 2011 fall state felony for possessing or distributing a con- semester, Larry enrolled as a full-time student in College X trolled substance as of the end of 2011. as part of a degree program, and College X awarded Larry These requirements are also shown in Figure 2-2, Who is credit for his prior coursework at College X. Because Larry an Eligible Student for the American Opportunity Credit, was enrolled in a degree program at College X for the 2011 later. fall term on at least a half-time basis, Larry is an eligible student for all of tax year 2011. Therefore, the qualified Completion of first 4 years. A student who was awarded education expenses paid for classes taken at College X 4 years of academic credit for postsecondary work com- during both the 2011 spring semester (during which Larry pleted before 2011 has completed the first 4 years of postsecondary education. This student generally would was not enrolled in a degree program) and the 2011 fall not be an eligible student for purposes of the American semester are taken into account in computing any Ameri- opportunity credit. can opportunity credit. Exception. Any academic credit awarded solely on the Example 5. Dee graduated from high school in June basis of the student’s performance on proficiency exami- 2010. In January 2011, Dee enrolled in a 1-year postsec- nations is disregarded in determining whether the student ondary certificate program on a full-time basis to obtain a has completed 4 years of postsecondary education. certificate as a travel agent. Dee completed the program in Enrolled at least half-time. A student was enrolled at December 2011, and was awarded a certificate. In January least half-time if the student was taking at least half the 2012, she enrolled in a 1-year postsecondary certificate normal full-time work load for his or her course of study. program on a full-time basis to obtain a certificate as a The standard for what is half of the normal full-time work computer programmer. Dee is an eligible student for both load is determined by each eligible educational institution. tax years 2011 and 2012 because she meets the degree However, the standard may not be lower than any of those requirement, the work load requirement, and the year of established by the U.S. Department of Education under the study requirement for those years. Higher Education Act of 1965. Example 1. Mack graduated from high school in June 2010. In September, he enrolled in an undergraduate de- Who Can Claim a gree program at College U, and attended full-time for both Dependent’s Expenses the 2010 fall and 2011 spring semesters. For the 2011 fall semester, Mack was enrolled less than half-time. Because If there are qualified education expenses for your depen- Mack was enrolled in an undergraduate degree program dent during a tax year, either you or your dependent, but on at least a half-time basis for at least one academic not both of you, can claim an American opportunity credit period that began during 2010 and at least one academic for your dependent’s expenses for that year. period that began during 2011, he is an eligible student for tax years 2010 and 2011 (including the 2011 fall semester For you to claim an American opportunity credit for your when he enrolled at College U on less than a half-time dependent’s expenses, you must also claim an exemption basis). for your dependent. You do this by listing your dependent’s name and other required information on Form 1040 (or Example 2. After taking classes at College V on a Form 1040A), line 6c. part-time basis for a few years, Shelly became a full-time Page 14 Chapter 2 American Opportunity Credit |
Page 15 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. IF you... THEN only... claim an exemption on you can claim the American Figuring the Credit your tax return for a opportunity credit based on dependent who is an that dependent’s expenses. The amount of the American opportunity credit (per eligible eligible student The dependent cannot claim student) is the sum of: the credit. 1. 100% of the first $2,000 of qualified education ex- do not claim an exemption the dependent can claim the penses you paid for the eligible student, and on your tax return for a American opportunity credit. dependent who is an You cannot claim the credit 2. 25% of the next $2,000 of qualified education ex- eligible student (even if based on this dependent’s penses you paid for that student. entitled to the exemption) expenses. The maximum amount of American opportunity credit you can claim in 2011 is $2,500 times the number of Expenses paid by dependent. If you claim an exemption eligible students. You can claim the full $2,500 for each on your tax return for an eligible student who is your eligible student for whom you paid at least $4,000 of dependent, treat any expenses paid (or deemed paid) by qualified education expenses. However, the credit may be your dependent as if you had paid them. Include these reduced based on your MAGI. See Effect of the Amount of expenses when figuring the amount of your American Your Income on the Amount of Your Credit, later. opportunity credit. Example. Jack and Kay Ford are married and file a joint Qualified education expenses paid directly to an tax return. For 2011, they claim an exemption for their TIP eligible educational institution for your dependent dependent daughter on their tax return. Their MAGI is under a court-approved divorce decree are $70,000. Their daughter is in her junior (third) year of treated as paid by your dependent. studies at the local university. Jack and Kay paid qualified education expenses of $4,300 in 2011. Expenses paid by you. If you claim an exemption for a Jack and Kay, their daughter, and the local university dependent who is an eligible student, only you can include meet all of the requirements for the American opportunity any expenses you paid when figuring the amount of the credit. Jack and Kay can claim a $2,500 American opportu- American opportunity credit. If neither you nor anyone else nity credit in 2011. This is 100% of the first $2,000 of claims an exemption for the dependent, only the depen- qualified education expenses, plus 25% of the next dent can include any expenses you paid when figuring the $2,000. American opportunity credit. Form 1098-T. To help you figure your American opportu- Expenses paid by others. Someone other than you, your nity credit, you should receive Form 1098-T, Tuition State- spouse, or your dependent (such as a relative or former ment. Generally, an eligible educational institution (such spouse) may make a payment directly to an eligible educa- as a college or university) must send Form 1098-T (or tional institution to pay for an eligible student’s qualified acceptable substitute) to each enrolled student by January education expenses. In this case, the student is treated as 31, 2012. An institution may choose to report either pay- receiving the payment from the other person and, in turn, ments received (box 1), or amounts billed (box 2), for paying the institution. If you claim an exemption on your tax qualified education expenses. However, the amounts in return for the student, you are considered to have paid the boxes 1 and 2 of Form 1098-T might be different than what expenses. you actually paid. When figuring the credit, use only the amounts you paid or were deemed to have paid in 2011 for Example. In 2011, Ms. Allen makes a payment directly qualified education expenses. to an eligible educational institution for her grandson In addition, your Form 1098-T should give you other Todd’s qualified education expenses. For purposes of information for that institution, such as adjustments made claiming an American opportunity credit, Todd is treated as for prior years, the amount of scholarships or grants, reim- receiving the money from his grandmother and, in turn, bursements or refunds, and whether you were enrolled at paying his qualified education expenses himself. least half-time or were a graduate student. Unless an exemption for Todd is claimed on someone The eligible educational institution may ask for a com- else’s 2011 tax return, only Todd can use the payment to pleted Form W-9S, Request for Student’s or Borrower’s claim an American opportunity credit. Taxpayer Identification Number and Certification, or simi- If anyone, such as Todd’s parents, claims an exemption lar statement to obtain the student’s name, address, and for Todd on his or her 2011 tax return, whoever claims the taxpayer identification number. exemption may be able to use the expenses to claim an American opportunity credit. If anyone else claims an ex- emption for Todd, Todd cannot claim an American oppor- Effect of the Amount of Your Income tunity credit. on the Amount of Your Credit Tuition reduction. When an eligible educational institu- The amount of your American opportunity credit is phased tion provides a reduction in tuition to an employee of the out (gradually reduced) if your MAGI is between $80,000 institution (or spouse or dependent child of an employee), and $90,000 ($160,000 and $180,000 if you file a joint the amount of the reduction may or may not be taxable. If it return). You cannot claim an American opportunity credit if is taxable, the employee is treated as receiving a payment your MAGI is $90,000 or more ($180,000 or more if you file of that amount and, in turn, paying it to the educational a joint return). institution on behalf of the student. For more information on tuition reductions, see Qualified Tuition Reduction in chap- Modified adjusted gross income (MAGI). For most tax- ter 1, Scholarships, Fellowships, Grants, and Tuition Re- payers, MAGI is adjusted gross income (AGI) as figured on ductions. their federal income tax return. Chapter 2 American Opportunity Credit Page 15 |
Page 16 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 1040A,MAGIyourwhenMAGIusingis theFormAGI1040A.on line 22Ifofyouthatfileform.Form $2,500 × $180,000 $20,000-$165,000 = $1,875 MAGI when using Form 1040. If you file Form 1040, your MAGI is the AGI on line 38 of that form, modified by Refundable Part of Credit adding back any: Forty percent of the American opportunity credit is refund- 1. Foreign earned income exclusion, able for most taxpayers. However, if you were under age 24 at the end of 2011 and the conditions listed below apply 2. Foreign housing exclusion, to you, you cannot claim any part of the American opportu- 3. Foreign housing deduction, nity credit as a refundable credit on your tax return. In- stead, your allowed credit (figured on Form 8863, Part IV) 4. Exclusion of income by bona fide residents of Ameri- will be used to reduce your tax as a nonrefundable credit can Samoa, and only. 5. Exclusion of income by bona fide residents of Puerto You do not qualify for a refund if items 1 (a, b, or c), 2, Rico. and 3 below apply to you. You can use Worksheet 2-1, below, to figure your MAGI. 1. You were: Worksheet 2-1. MAGI for the American a. Under age 18 at the end of 2011, or Opportunity Credit b. Age 18 at the end of 2011 and your earned in- come (defined below) was less than one-half of 1. Enter your adjusted gross income your support (defined below), or (Form 1040, line 38) ............... 1. c. Over age 18 and under age 24 at the end of 2011 2. incomeEnter yourexclusionforeignand/orearned and a full-time student (defined below) and your housing exclusion (Form earned income (defined below) was less than 2555, line 45, or Form one-half of your support (defined below). 2555-EZ, line 18)....... 2. 3. Enter your foreign housing 2. At least one of your parents was alive at the end of deduction (Form 2555, line 2011. 50) ................. 3. 3. You are filing a return as single, head of household, 4. Enter the amount of qualifying widow(er), or married filing separately for income from Puerto Rico 2011. you are excluding ...... 4. 5. Enter the amount of income from American Earned income. Examples of earned income include Samoa you are excluding wages, salaries, tips, and other taxable employee pay; net (Form 4563, line 15) .... 5. earnings from self-employment; and gross income re- Add the amounts on ceived as a statutory employee. Statutory employees in- 6. lines 2, 3, 4, and 5 ................. 6. clude full-time life insurance agents, certain agent or commission drivers and traveling salespersons, and cer- 7. Add the amounts on lines 1 and 6. tain homeworkers. This is your modified adjusted gross income. Enter here and on Form 8863, line 9 ............... 7. Support. Your support includes all amounts spent to pro- vide you with food, lodging, clothing, education, medical and dental care, recreation, transportation, and similar necessities. To figure your support, count support provided Phaseout. If your MAGI is within the range of incomes by you, your parents, and others. However, a scholarship where the credit must be reduced, you will figure your received by you is not considered support if you are a reduced credit using lines 7–13 of Form 8863. The same full-time student. See Publication 501 for details. method is shown in the following example. Full-time student. You are a full-time student for 2011 if Example. You are filing a joint return and your MAGI is during any part of any 5 calendar months during the year $165,000. In 2011, you paid $5,000 of qualified education you were enrolled as a full-time student at an eligible expenses. educational institution (defined earlier), or took a full-time, You figure a tentative American opportunity credit of on-farm training course given by such an institution or by a $2,500 (100% of the first $2,000 of qualified education state, county, or local government agency. expenses, plus 25% of the next $2,000 of qualified educa- tion expenses). Because your MAGI is within the range of incomes Claiming the Credit where the credit must be reduced, you must multiply your tentative credit ($2,500) by a fraction. The numerator of the You claim the American opportunity credit by completing fraction is $180,000 (the upper limit for those filing a joint Parts I, III, and IV of Form 8863 and submitting it with your return) minus your MAGI. The denominator is $20,000, the Form 1040 or 1040A. Enter the nonrefundable part of the range of incomes for the phaseout ($160,000 to credit on Form 1040, line 49, or on Form 1040A, line 31. $180,000). The result is the amount of your phased out Enter the refundable part of the credit on Form 1040, line (reduced) American opportunity credit ($1,875). 66, or on Form 1040A, line 40. A filled-in Form 8863 is shown at the end of this chapter. Page 16 Chapter 2 American Opportunity Credit |
Page 17 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. CORRECTED FILER’S name, street address, city, state, ZIP code, and telephone number 1 Payments received for OMB No. 1545-1574 qualied tuition and related expenses Monroe College $ Tuition 111 Town Lane 2 Amounts5600billed for 2011 Statement Hometown, VA 22222 qualied tuition and related expenses 777-555-0000 $ Form 1098-T FILER’S federal identication no. STUDENT'S social security number 3 If this box is checked, your educational institution Copy B has changed its reporting method for 2011 10-3456789 135-00-2468 For Student STUDENT'S name 4 Adjustments made for a 5 Scholarships or grants prior year Bill Pass $ $ This is important Street address (including apt. no.) 6 Adjustments to 7 Check if the amount in tax information scholarships or grants box 1 or 2 includes and is being 5555 Happy Lane for a prior year amounts for an academic furnished to the City, state, and ZIP code period beginning January - Internal Revenue March 2012 Hometown, VA 22222 $ Service. Service Provider/Acct. No. (see instr.) 8 Check if at least 9 Check if a graduate 10 Ins. contract reimb./refund half-time student X student . . . . $ Form 1098-T (keep for your records) Department of the Treasury - Internal Revenue Service Credit Limit Worksheet—Form 8863, Line 23 Nonrefundable lifetime learning credit 1. Enter the amount from Form 8863, line 22 ................................................ 1. 2. Enter the amount from Form 1040, line 46, or Form 1040A, line 28 ............ 2. 3. Enter the total, if any, of your credits from: • Form 1040, lines 47, 48, and the amount from Schedule R entered on line 53 } 3. • Form 1040A, lines 29 and 30 4. Subtract line 3 from line 2 ........................................................... 4. 5. Nonrefundable lifetime learning credit. Enter the smaller of line 1 or line 4 ....................... 5. Nonrefundable American opportunity credit 6. Enter the amount from Form 8863, line 15 ................................................ 6. 1,500 7. Enter the amount from Form 1040, line 46, or Form 1040A, line 28 ............ 7. 8,106 8. Enter the total, if any, of your credits from: • Form 1040, lines 47, 48, and the amount from Schedule R entered on line 53, and the amount from line 5 above 8. 0 • Form 1040A, lines 29 and 30, and the amount from line 5 above } 9. Subtract line 8 from line 7 ........................................................... 9. 8,106 10. Nonrefundable American opportunity credit. Enter the smaller of line 6 or line 9 ................... 10. 1,500 11. Nonrefundable education credits. Add line 5 and line 10. Enter here and on Form 8863, line 23 ......... 11. 1,500 liability for the year in which you receive the assistance or When Must the Credit Be refund. See the instructions for your tax return for that year to find out how to report the recapture amount. Your origi- Repaid (Recaptured) nal 2011 tax return does not change. If, after you file your 2011 tax return, you or someone else Example. You paid $7,000 tuition and fees in August receives tax-free educational assistance for, or a refund of, 2011, and your child began college in September 2011. an expense you used to figure an American opportunity You filed your 2011 tax return on February 15, 2012, and credit on that return, you may have to repay all or part of claimed an American opportunity credit of $2,500. After the credit. You must refigure your American opportunity you filed your return, you received a refund of $4,000. You credit for 2011 as if the assistance or refund was received must refigure your 2011 American opportunity credit using in 2011. Next, you must refigure your tax liability using the $3,000 of qualified education expenses instead of $7,000. revised credit. The increased tax liability is the amount you The refigured credit is $2,250. The increase to your tax must repay. Add the repayment (recapture) to your tax liability is also $250. Include the difference of $250 as Chapter 2 American Opportunity Credit Page 17 |
Page 18 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. additional tax on your 2012 income tax return. See the He and the college meet all of the requirements for the instructions for your 2012 income tax return to determine American opportunity credit. Bill’s MAGI is $57,000. His where to include this tax. income tax liability, before credits, is $8,106. Bill claims no credits other than the American opportunity credit. He figures his American opportunity credit of $2,500, of which $1,000 is refundable, as shown on the Form 8863, later. Illustrated Example Bill Pass, age 28 and a single taxpayer, enrolled full-time at Note. In Appendix A, Illustrated Example of Education a local college to earn a degree in law enforcement. This is Credits at the end of this publication, there is an example the first year of his postsecondary education. During 2011, illustrating the use of Form 8863 when both the American he paid $5,600 for his qualified 2011 tuition. He received opportunity credit and the lifetime learning credit are Form 1098-T (shown on the next page) from the college. claimed on the same tax return. Education Credits (American Opportunity and OMB No. 1545-0074 Form 8863 Lifetime Learning Credits) Department of the Treasury See separate instructions to find out if you are eligible to take the credits. 2011 Attachment Internal Revenue Service (99) Attach to Form 1040 or Form 1040A. Sequence No. 50 Name(s) shown on return Your social security number Bill Pass 135-00-2468 You cannot take both an education credit and the tuition and fees deduction (see Form 8917) for the same student for ! the same year. CAUTION Part I American Opportunity Credit Caution: You cannot take the American opportunity credit for more than 4 tax years for the same student. 1 (a) Student’s name (b) Student’s (c) Qualied (d) Subtract $2,000 (e) Multiply the (f) If column (d) is zero, (as shown on page 1 social security expenses (see from the amount in amount in column enter the amount from of your tax return) number (as instructions). Do column (c). If zero (d) by 25% (.25) column (c). Otherwise, First name shown on page 1 not enter more or less, enter -0-. add $2,000 to the Last name of your tax return) than $4,000 for amount in column (e). each student. Bill Pass 135-00-2468 4,000 2,000 500 2,500 2 Tentative American opportunity credit. Add the amounts on line 1, column (f). If you are taking the lifetime learning credit for a different student, go to Part II; otherwise, go to Part III . . . . . . 2 2,500 Part II Lifetime Learning Credit Caution: You cannot take the American opportunity credit and the lifetime learning credit for the same student in the same year. 3 (a) Student’s name (as shown on page 1 of your tax return) (b) Student’s social security (c) Qualied number (as shown on page expenses (see First name Last name 1 of your tax return) instructions) 4 Add the amounts on line 3, column (c), and enter the total . . . . . . . . . . . . . . . 4 5 Enter the smaller of line 4 or $10,000 . . . . . . . . . . . . . . . . . . . . . 5 6 Tentative lifetime learning credit. Multiply line 5 by 20% (.20). If you have an entry on line 2, go to Part III; otherwise go to Part IV . . . . . . . . . . . . . . . . . . . . . . . 6 For Paperwork Reduction Act Notice, see your tax return instructions. Cat. No. 25379M Form 8863 (2011) Page 18 Chapter 2 American Opportunity Credit |
Page 19 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Form 8863 (2011) Page 2 Part III Refundable American Opportunity Credit 7 Enter the amount from line 2. . . . . . . . . . . . . . . . . . . . . . . . . 7 2,500 8 Enter: $180,000 if married ling jointly; $90,000 if single, head of household, or qualifying widow(er) . . . . . . . . . . . . . 8 90,000 9 Enter the amount from Form 1040, line 38, or Form 1040A, line 22. If you are ling Form 2555, 2555-EZ, or 4563, or you are excluding income from Puerto Rico, see Pub. 970 for the amount to enter . . . . . . . . 9 57,000 10 Subtract line 9 from line 8. If zero or less, stop; you cannot take any education credit . . . . . . . . . . . . . . . . . . . . 10 33,000 11 Enter: $20,000 if married ling jointly; $10,000 if single, head of household, or qualifying widow(er) . . . . . . . . . . . . . . . . . 11 10,000 12 If line 10 is: • Equal to or more than line 11, enter 1.000 on line 12 . . . . . . . . . . . . . . . • Less than line 11, divide line 10 by line 11. Enter the result as a decimal (rounded to 12 1 . 000 at least three places) . . . . . . . . . . . . . . . . . . . . . } 13 Multiply line 7 by line 12. Caution: If you were under age 24 at the end of the year and meet the conditions on page 4 of the instructions, you cannot take the refundable American opportunity credit. Skip line 14, enter the amount from line 13 on line 15, and check this box . . 13 2,500 14 Refundable American opportunity credit. Multiply line 13 by 40% (.40). Enter the amount here and on Form 1040, line 66, or Form 1040A, line 40. Then go to line 15 below . . . . . . . . . 14 1,000 Part IV Nonrefundable Education Credits 15 Subtract line 14 from line 13 . . . . . . . . . . . . . . . . . . . . . . . 15 1,500 16 Enter the amount from line 6, if any. If you have no entry on line 6, skip lines 17 through 22, and enter the amount from line 15 on line 6 of the Credit Limit Worksheet (see instructions) . . . . 16 17 Enter: $122,000 if married ling jointly; $61,000 if single, head of household, or qualifying widow(er) . . . . . . . . . . . . . 17 18 Enter the amount from Form 1040, line 38, or Form 1040A, line 22. If you are ling Form 2555, 2555-EZ, or 4563, or you are excluding income from Puerto Rico, see Pub. 970 for the amount to enter . . . . . . . . 18 19 Subtract line 18 from line 17. If zero or less, skip lines 20 and 21, and enter zero on line 22 . . . . . . . . . . . . . . . . . . . . 19 20 Enter: $20,000 if married ling jointly; $10,000 if single, head of household, or qualifying widow(er) . . . . . . . . . . . . . . . . . 20 21 If line 19 is: • Equal to or more than line 20, enter 1.000 on line 21 and go to line 22 • Less than line 20, divide line 19 by line 20. Enter the result as a decimal (rounded to at least three places) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 . 22 Multiply line 16 by line 21. Enter here and on line 1 of the Credit Limit Worksheet (see instructions) 22 23 Nonrefundable education credits. Enter the amount from line 11 of the Credit Limit Worksheet (see instructions) here and on Form 1040, line 49, or Form 1040A, line 31 . . . . . . . . . 23 1,500 Form 8863 (2011) Chapter 2 American Opportunity Credit Page 19 |
Page 20 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Differences between the American opportunity and lifetime learning credits. There are several differences 3. between these two credits. For example, you can claim the American opportunity credit for the same student for no more than 4 tax years, but any year in which the Hope Lifetime Learning credit was claimed counts toward the 4 years. However, there is no limit on the number of years for which you can Credit claim a lifetime learning credit based on the same stu- dent’s expenses. The differences between these credits are shown in Appendix B, Highlights of Education Tax Introduction Benefits for Tax Year 2011 near the end of this publication. For 2011, there are two tax credits available to help you offset the costs of higher education by reducing the Overview of the lifetime learning credit. See Table 3-1, amount of your income tax. They are the American oppor- Overview of the Lifetime Learning Credit, for the basics of tunity credit and the lifetime learning credit. This chapter the lifetime learning credit. The details are discussed in this discusses the lifetime learning credit. The American oppor- chapter. tunity credit is discussed in chapter 2, The American Op- portunity Credit. This chapter explains: Can You Claim the Credit • Who can claim the lifetime learning credit, What expenses qualify for the credit, The following rules will help you determine if you are • eligible to claim the lifetime learning credit on your tax • Who is an eligible student, return. • Who can claim a dependent’s expenses, How to figure the credit, Who Can Claim the Credit • • How to claim the credit, and Generally, you can claim the lifetime learning credit if all three of the following requirements are met. • When the credit must be repaid. • You pay qualified education expenses of higher edu- cation. What is the tax benefit of the lifetime learning credit. For the tax year, you may be able to claim a lifetime • You pay the education expenses for an eligible stu- learning credit of up to $2,000 for qualified education dent. expenses paid for all eligible students. There is no limit on the number of years the lifetime learning credit can be claimed for each student. Table 3-1. Overview of the Lifetime A tax credit reduces the amount of income tax you may Learning Credit have to pay. Unlike a deduction, which reduces the amount of income subject to tax, a credit directly reduces the tax Maximum credit Up to $2,000 credit per return itself. The lifetime learning credit is a nonrefundable credit. This means that it can reduce your tax to zero, but if the Limit on modified adjusted $122,000 if married filling jointly; credit is more than your tax the excess will not be refunded gross income (MAGI) $61,000 if single, head of household, to you. or qualifying widow(er) Your allowable lifetime learning credit may be limited by Refundable or Nonrefundable—credit limited to the the amount of your income and the amount of your tax. nonrefundable amount of tax you must pay on your taxable income You can choose the education benefit that will TIP give you the lowest tax. You may want to com- Number of years of Available for all years of pare the tuition and fees deduction (chapter 6, postsecondary education postsecondary education and for Tuition and Fees Deduction ) to either of the education coursesskillsto acquire or improve job credits. Number of tax years credit Available for an unlimited number of Can you claim more than one education credit this available years year. For each student, you can elect for any year only Type of degree required Student does not need to be pursuing one of the credits. For example, if you elect to take the a degree or other recognized lifetime learning credit for a child on your 2011 tax return, education credential you cannot, for that same child, also claim the American Number of courses Available for one or more courses opportunity credit for 2011. If you are eligible to claim the lifetime learning credit and Felony drug conviction Felony drug convictions are permitted you are also eligible to claim the American opportunity Qualified expenses Tuition and fees required for credit for the same student in the same year, you can enrollment or attendance (including choose to claim either credit, but not both. amounts required to be paid to the If you pay qualified education expenses for more than institution for course-related books, one student in the same year, you can choose to take supplies, and equipment) certain credits on a per-student, per-year basis. This Payments for academic Payments made in 2011 for academic means that, for example, you can claim the American periods periods beginning in 2011 or opportunity credit for one student and the lifetime learning beginning in the first 3 months of 2012 credit for another student in the same year. Page 20 Chapter 3 Lifetime Learning Credit |
Page 21 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • The eligible student is either yourself, your spouse, payments sent directly to the educational institution as paid or a dependent for whom you claim an exemption on on the date the institution credits the student’s account. your tax return. Student withdraws from class(es). You can claim a lifetime learning credit for qualified education expenses not Note. Qualified education expenses paid by a depen- refunded when a student withdraws. dent for whom you claim an exemption, or by a third party for that dependent, are considered paid by you. Qualified Education Expenses “Qualified education expenses” are defined later under Qualified Education Expenses. “Eligible students” are de- For purposes of the lifetime learning credit, qualified edu- fined later under Who Is an Eligible Student. A dependent cation expenses are tuition and certain related expenses for whom you claim an exemption is defined later under required for enrollment in a course at an eligible educa- Who Can Claim a Dependent’s Expenses. tional institution. The course must be either part of a You may find Figure 3-1, Can You Claim the Lifetime postsecondary degree program or taken by the student to Learning Credit for 2011, later, helpful in determining if you acquire or improve job skills. can claim a lifetime learning credit on your tax return. Eligible educational institution. An eligible educational Who Cannot Claim the Credit institution is any college, university, vocational school, or other postsecondary educational institution eligible to par- You cannot claim the lifetime learning credit for 2011 if any ticipate in a student aid program administered by the U.S. of the following apply. Department of Education. It includes virtually all accredited public, nonprofit, and proprietary (privately owned • Your filing status is married filing separately. profit-making) postsecondary institutions. The educational • You are listed as a dependent on another person’s institution should be able to tell you if it is an eligible tax return (such as your parents’). See Who Can educational institution. Claim a Dependent’s Expenses, later. Certain educational institutions located outside the Your modified adjusted gross income (MAGI) is United States also participate in the U.S. Department of • $61,000 or more ($122,000 or more in the case of a Education’s Federal Student Aid (FSA) programs. joint return). MAGI is explained later under Effect of Related expenses. Student-activity fees and expenses the Amount of Your Income on the Amount of Your for course-related books, supplies, and equipment are Credit. included in qualified education expenses only if the fees • You (or your spouse) were a nonresident alien for and expenses must be paid to the institution for the enroll- any part of 2011 and the nonresident alien did not ment or attendance. elect to be treated as a resident alien for tax pur- In the following examples, assume that each student is poses. More information on nonresident aliens can an eligible student at an eligible educational institution. be found in Publication 519. Example 1. Jackson is a sophomore in University V’s • You claim the American Opportunity Credit (see degree program in dentistry. This year, in addition to tui- chapter 2) or a Tuition and Fees Deduction (see tion, he is required to pay a fee to the university for the chapter 6) for the same student in 2011. rental of the dental equipment he will use in this program. Because the equipment rental fee must be paid to Univer- sity V for enrollment and attendance, Jackson’s equipment rental fee is a qualified expense. What Expenses Qualify Example 2. Donna and Charles, both first-year stu- The lifetime learning credit is based on qualified education dents at College W, are required to have certain books and expenses you pay for yourself, your spouse, or a depen- other reading materials to use in their mandatory first-year dent for whom you claim an exemption on your tax return. classes. The college has no policy about how students Generally, the credit is allowed for qualified education should obtain these materials, but any student who expenses paid in 2011 for an academic period beginning in purchases them from College W’s bookstore will receive a 2011 or in the first 3 months of 2012. bill directly from the college. Charles bought his books from For example, if you paid $1,500 in December 2011 for a friend, so what he paid for them is not a qualified educa- qualified tuition for the spring 2012 semester beginning in tion expense. Donna bought hers at College W’s book- January 2012, you may be able to use that $1,500 in store. Although Donna paid College W directly for her figuring your 2011 credit. first-year books and materials, her payment is not a quali- fied expense because the books and materials are not Academic period. An academic period includes a se- required to be purchased from College W for enrollment or mester, trimester, quarter, or other period of study (such as attendance at the institution. a summer school session) as reasonably determined by an educational institution. In the case of an educational insti- Example 3. When Marci enrolled at College X for her tution that uses credit hours or clock hours and does not freshman year, she had to pay a separate student activity have academic terms, each payment period can be treated fee in addition to her tuition. This activity fee is required of as an academic period. all students, and is used solely to fund on-campus organi- zations and activities run by students, such as the student Paid with borrowed funds. You can claim a lifetime newspaper and student government. No portion of the fee learning credit for qualified education expenses paid with covers personal expenses. Although labeled as a student the proceeds of a loan. You use the expenses to figure the activity fee, the fee is required for Marci’s enrollment and lifetime learning credit for the year in which the expenses attendance at College X. Therefore, it is a qualified ex- are paid, not the year in which the loan is repaid. Treat loan pense. Chapter 3 Lifetime Learning Credit Page 21 |
Page 22 of 87 of Publication 970 13:55 - 21-MAR-2012 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 2011? No Did you pay qualied education expenses in 2011 for an eligible student?* Yes Did the academic period for which you paid qualied education No expenses begin in 2011 or the rst 3 months of 2012? Yes Is the eligible student you, your spouse (if married ling jointly), or your No dependent for whom you claim an exemption 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 2011, were you (or your spouse) a nonresident alien who Yes did not elect to be treated as a resident alien for tax purposes? No Is your modied adjusted gross income (MAGI) less than $61,000 No ($122,000 if married ling jointly)? Yes Do you have a tax liability (Form 1040: line 46 minus lines 47, 48, and the No amount from Schedule R entered on line 53) (Form 1040A: line 28 minus lines 29 and 30)? Yes Yes Are you claiming an American opportunity credit or a tuition and fees deduction for the same student? No Did you use the same expenses to claim a deduction or credit, or to Yes gure the tax free portion of a Coverdell ESA or QTP distribution? No Yes Were the same expenses paid with tax-free educational assistance, such as a scholarship, grant, GI Bill, or assistance provided by an employer? No Yes You cannot Did you, or someone else who paid these expenses on behalf of a claim the lifetime student, receive a refund of all the expenses? learning credit for No 2011 You can claim the lifetime learning credit for 2011 *Qualified education expenses paid by a dependent for whom you claim an exemption, or by a third party for that dependent, are considered paid by you. Page 22 Chapter 3 Lifetime Learning Credit |
Page 23 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. No Double Benefit Allowed If the refund is received after you file your 2011 tax return, see When Must the Credit Be Repaid (Recaptured), later. You cannot do any of the following: You are considered to receive a refund of expenses when an eligible educational institution refunds loan pro- • Deduct higher education expenses on your income ceeds to the lender on behalf of the borrower. Follow the tax return (as, for example, a business expense) and above instructions according to when you are considered also claim a lifetime learning credit based on those to receive the refund. same expenses. Amounts that do not reduce qualified education ex- • Claim a lifetime learning credit in the same year that penses. Do not reduce qualified education expenses by you are claiming a tuition and fees deduction for the amounts paid with funds the student receives as: same student. • Payment for services, such as wages, • Claim a lifetime learning credit and an American opportunity credit based on the same qualified edu- • A loan, cation expenses. • A gift, • Claim a lifetime learning credit based on the same • An inheritance, or expenses used to figure the tax-free portion of a distribution from a Coverdell education savings ac- • A withdrawal from the student’s personal savings. count (ESA) or qualified tuition program (QTP). See Coordination With American Opportunity and Life- Do not reduce the qualified education expenses by any time Learning Credits in chapter 7, Coverdell Educa- scholarship or fellowship reported as income on the stu- tion Savings Account, and Coordination With dent’s tax return in the following situations. American Opportunity and Lifetime Learning Credits The use of the money is restricted, by the terms of in chapter 8, Qualified Tuition Program. • the scholarship or fellowship, to costs of attendance • Claim a credit based on qualified education ex- (such as room and board) other than qualified edu- penses paid with tax-free educational assistance, cation expenses, as defined in Qualified education such as a scholarship, grant, or assistance provided expenses in chapter 1, Scholarships, Fellowships, by an employer. See Adjustments to Qualified Edu- Grants, and Tuition Reductions. cation Expenses, next. The use of the money is not restricted. • For examples, see Adjustments to Qualified Education Adjustments to Qualified Education Expenses in chapter 2, American Opportunity Credit. Expenses If you pay qualified education expenses with certain Expenses That Do Not Qualify tax-free funds, you cannot claim a credit for those amounts. You must reduce the qualified education ex- Qualified education expenses do not include amounts paid penses by the amount of any tax-free educational assis- for: tance and refund(s) you received. • Insurance, Tax-free educational assistance. This includes: Medical expenses (including student health fees), • • The tax-free part of scholarships and fellowships Room and board, • (see Tax-Free Scholarships and Fellowships in chapter 1, Scholarships, Fellowships, Grants, and • Transportation, or Tuition Reductions), Similar personal, living, or family expenses. • • Pell grants (see Pell Grants and Other Title IV This is true even if the amount must be paid to the institu- Need-Based Education Grants in chapter 1, Scholar- tion as a condition of enrollment or attendance. ships, Fellowships, Grants, and Tuition Reductions), • Employer-provided educational assistance (see Sports, games, hobbies, and noncredit courses. Qual- chapter 11, Employer-Provided Educational Assis- ified education expenses generally do not include ex- tance), penses that relate to any course of instruction or other education that involves sports, games or hobbies, or any • Veterans’ educational assistance (see Veterans’ noncredit course. However, if the course of instruction or Benefits in chapter 1, Scholarships, Fellowships, other education is part of the student’s degree program or Grants, and Tuition Reductions), and is taken by the student to acquire or improve job skills, • Any other nontaxable (tax-free) payments (other these expenses can qualify. than gifts or inheritances) received as educational Comprehensive or bundled fees. Some eligible educa- assistance. tional institutions combine all of their fees for an academic period into one amount. If you do not receive or do not Refunds. Qualified education expenses do not include have access to an allocation showing how much you paid expenses for which you or someone else receives a re- for qualified education expenses and how much you paid fund. (For information on expenses paid by a dependent for personal expenses, such as those listed above, contact student or third party, see Who Can Claim a Dependent’s the institution. The institution is required to make this Expenses, later.) allocation and provide you with the amount you paid (or If a refund of expenses paid in 2011 is received before were billed) for qualified education expenses on Form you file your tax return for 2011, simply reduce the amount 1098-T. See Figuring the Credit, later, for more information of the expenses paid by the amount of the refund received. about Form 1098-T. Chapter 3 Lifetime Learning Credit Page 23 |
Page 24 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Todd’s qualified education expenses. For purposes of Who Is an Eligible Student claiming a lifetime learning credit, Todd is treated as re- ceiving the money from his grandmother and, in turn, For purposes of the lifetime learning credit, an eligible paying his qualified education expenses himself. student is a student who is enrolled in one or more courses Unless an exemption for Todd is claimed on someone at an eligible educational institution (as defined under else’s 2011 tax return, only Todd can use the payment to Qualified Education Expenses, earlier). claim a lifetime learning credit. If anyone, such as Todd’s parents, claims an exemption for Todd on his or her 2011 tax return, whoever claims the Who Can Claim a exemption may be able to use the expenses to claim a lifetime learning credit. If anyone else claims an exemption Dependent’s Expenses for Todd, Todd cannot claim a lifetime learning credit. If there are qualified education expenses for your depen- dent during a tax year, either you or your dependent, but Tuition reduction. When an eligible educational institu- not both of you, can claim a lifetime learning credit for your tion provides a reduction in tuition to an employee of the dependent’s expenses for that year. institution (or spouse or dependent child of an employee), For you to claim a lifetime learning credit for your depen- the amount of the reduction may or may not be taxable. If it dent’s expenses, you must also claim an exemption for is taxable, the employee is treated as receiving a payment your dependent. You do this by listing your dependent’s of that amount and, in turn, paying it to the educational name and other required information on Form 1040 (or institution on behalf of the student. For more information on Form 1040A), line 6c. tuition reductions, see Qualified Tuition Reduction in chap- ter 1, Scholarships, Fellowships, Grants, and Tuition Re- ductions. IF you... THEN only... claim an exemption on your you can claim the lifetime tax return for a dependent learning credit based on that who is an eligible student dependent’s expenses. The Figuring the Credit dependent cannot claim the credit. The amount of the lifetime learning credit is 20% of the first $10,000 of qualified education expenses you paid for all ondoyournot claimtax returnan exemptionfor athelifetimedependentlearningcancredit.claimYoutheeligible students. The maximum amount of lifetime learn- dependent who is an cannot claim the credit ing credit you can claim for 2011 is $2,000 (20% × eligible student (even if based on this dependent’s $10,000). However, that amount may be reduced based on entitled to the exemption) expenses. your MAGI. See Effect of the Amount of Your Income on the Amount of Your Credit, later. Expenses paid by dependent. If you claim an exemption Example. Bruce and Toni Harper are married and file a on your tax return for an eligible student who is your joint tax return. For 2011, their MAGI is $75,000. Toni is dependent, treat any expenses paid (or deemed paid) by attending a local college (an eligible educational institu- your dependent as if you had paid them. Include these tion) to earn credits toward a degree in nursing. She expenses when figuring the amount of your lifetime learn- already has a bachelor’s degree in history and wants to ing credit. become a nurse. In August 2011, Toni paid $5,000 of Qualified education expenses paid directly to an qualified education expenses for her fall 2011 semester. TIP eligible educational institution for your dependent Bruce and Toni can claim a $1,000 (20% × $5,000) lifetime under a court-approved divorce decree are learning credit on their 2011 joint tax return. treated as paid by your dependent. Form 1098-T. To help you figure your lifetime learning Expenses paid by you. If you claim an exemption for a credit, you should receive Form 1098-T. Generally, an dependent who is an eligible student, only you can include eligible educational institution (such as a college or univer- any expenses you paid when figuring the amount of the sity) must send Form 1098-T (or acceptable substitute) to lifetime learning credit. If neither you nor anyone else each enrolled student by January 31, 2012. An institution claims an exemption for the dependent, only the depen- may choose to report either payments received (box 1), or dent can include any expenses you paid when figuring the amounts billed (box 2), for qualified education expenses. lifetime learning credit. However, the amounts in boxes 1 and 2 of Form 1098-T might be different from what you actually paid. When Expenses paid by others. Someone other than you, your figuring the credit, use only the amounts you paid or were spouse, or your dependent (such as a relative or former deemed to have paid in 2011 for qualified education ex- spouse) may make a payment directly to an eligible educa- penses. tional institution to pay for an eligible student’s qualified education expenses. In this case, the student is treated as In addition, your Form 1098-T should give you other receiving the payment from the other person and, in turn, information for that institution, such as adjustments made paying the institution. If you claim an exemption on your tax for prior years, the amount of scholarships or grants, reim- return for the student, you are considered to have paid the bursements or refunds, and whether you were enrolled at expenses. least half-time or were a graduate student. The eligible educational institution may ask for a com- Example. In 2011, Ms. Allen makes a payment directly pleted Form W-9S, or similar statement to obtain the stu- to an eligible educational institution for her grandson dent’s name, address, and taxpayer identification number. Page 24 Chapter 3 Lifetime Learning Credit |
Page 25 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Effect of the Amount of Your Income You figure the tentative lifetime learning credit (20% of the first $10,000 of qualified education expenses you paid on the Amount of Your Credit for all eligible students). The result is a $1,320 (20% x The amount of your lifetime learning credit is phased out $6,600) tentative credit. (gradually reduced) if your MAGI is between $51,000 and Because your MAGI is within the range of incomes $61,000 ($102,000 and $122,000 if you file a joint return). where the credit must be reduced, you must multiply your You cannot claim a lifetime learning credit if your MAGI is tentative credit ($1,320) by a fraction. The numerator of the $61,000 or more ($122,000 or more if you file a joint fraction is $122,000 (the upper limit for those filing a joint return). return) minus your MAGI. The denominator is $20,000, the range of incomes for the phaseout ($102,000 to Modified adjusted gross income (MAGI). For most tax- $122,000). The result is the amount of your phased out payers, MAGI is adjusted gross income (AGI) as figured on (reduced) lifetime learning credit ($660). their federal income tax return. 1040A,MAGIyourwhenMAGIusingis theFormAGI1040A.on line 22Ifofyouthatfileform.Form $1,320 × $122,000 $20,000-$112,000 = $660 MAGI when using Form 1040. If you file Form 1040, your MAGI is the AGI on line 38 of that form, modified by adding back any: Claiming the Credit 1. Foreign earned income exclusion, You claim the lifetime learning credit by completing Parts II 2. Foreign housing exclusion, and IV of Form 8863 and submitting it with your Form 1040 3. Foreign housing deduction, or 1040A. Enter the credit on Form 1040, line 49, or Form 1040A, line 31. A filled-in Form 8863 is shown at the end of 4. Exclusion of income by bona fide residents of Ameri- this chapter. can Samoa, and 5. Exclusion of income by bona fide residents of Puerto Rico. When Must the Credit Be You can use Worksheet 3-1 to figure your MAGI. Repaid (Recaptured) Worksheet 3-1. MAGI for the Lifetime If, after you file your 2011 tax return, you or someone else Learning Credit receives tax-free educational assistance for, or a refund of, an expense you used to figure a lifetime learning credit on 1. Enter your adjusted gross income that return, you may have to repay all or part of the credit. (Form 1040, line 38) ............... 1. You must refigure your lifetime learning credit for 2011 as if 2. Enter your foreign earned the assistance or refund was received in 2011. Next, you income exclusion and/or must refigure your tax liability using the revised lifetime housing exclusion (Form learning credit. The increased tax liability is the amount 2555, line 45, or Form you must repay. Add the repayment (recapture) to your tax 2555-EZ, line 18) ....... 2. liability for the year in which you receive the assistance or 3. Enter your foreign housing refund. See the instructions for your tax return for that year deduction (Form 2555, line to find out how to report the recapture amount. Your origi- 50) ................. 3. nal 2011 tax return does not change. 4. Enter the amount of income from Puerto Rico Example. You paid $9,300 tuition and fees in Decem- you are excluding ...... 4. ber 2011, and your child began college in January 2012. You filed your 2011 tax return on February 15, 2012, and 5. Enter the amount ofincome from American claimed a lifetime learning credit of $1,860. You claimed no Samoa you are excluding other tax credits. After you filed your return, your child (Form 4563, line 15) .... 5. dropped two courses and you received a refund of $2,900. You must refigure your 2011 lifetime learning credit using 6. Add the amounts onlines 2, 3, 4, and 5 ................. 6. $6,400 of qualified education expenses instead of $9,300. The refigured credit is $1,280. The increase to your tax 7. Add the amounts on lines 1 and 6. liability is $580. See the instructions for your 2012 income This is your modified adjusted tax return to determine where to include this tax. gross income. Enter this amount on Form 8863, line 18 .............. 7. Illustrated Example Phaseout. If your MAGI is within the range of incomes where the credit must be reduced, you will figure your Judy Green, a single taxpayer, is taking courses at a reduced credit using lines 15-23 of Form 8863. The same community college to be recertified to teach in public method is shown in the following example. schools. Her MAGI is $27,000. Her tax, before credits, is $2,234. She claims no credits other than the lifetime learn- Example. You are filing a joint return with a MAGI of ing credit. In July 2011 she paid $700 for the summer 2011 $112,000. In 2011, you paid $6,600 of qualified education semester; in August 2011 she paid $1,900 for the fall 2011 expenses. semester; and in December 2011 she paid another $1,900 Chapter 3 Lifetime Learning Credit Page 25 |
Page 26 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. for the spring semester beginning January 2012. She re- Note. In Appendix A, Illustrated Example of Education ceived Form 1098-T (shown later) from the college. Judy Credits at the end of this publication, there is an example and the college meet all the requirements for the lifetime illustrating the use of Form 8863 when both the American learning credit. She can use all of the $4,500 tuition she opportunity credit and the lifetime learning credit are paid in 2011 when figuring her credit for her 2011 tax claimed on the same tax return. return. She figures her credit as shown on the filled-in Form 8863, later. Page 26 Chapter 3 Lifetime Learning Credit |
Page 27 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. CORRECTED FILER’S name, street address, city, state, ZIP code, and telephone number 1 Payments received for OMB No. 1545-1574 qualied tuition and related expenses City Community College $ Tuition 1111 Brown Street 2 Amounts4500billed for 2011 Statement Downtown, IL 66666 qualied tuition and related expenses 222-555-0000 $ Form 1098-T FILER’S federal identication no. STUDENT'S social security number 3 If this box is checked, your educational institution Copy B has changed its reporting method for 2011 10-1234567 000-00-7777 For Student STUDENT'S name 4 Adjustments made for a 5 Scholarships or grants prior year Judy Green $ $ This is important Street address (including apt. no.) 6 Adjustments to 7 Check if the amount in tax information scholarships or grants box 1 or 2 includes and is being 4444 Blue Ave. for a prior year amounts for an academic furnished to the City, state, and ZIP code period beginning January - Internal Revenue March 2012 Chicago, IL 66666 $ Service. Service Provider/Acct. No. (see instr.) 8 Check if at least 9 Check if a graduate 10 Ins. contract reimb./refund half-time student X student . . . . $ Form 1098-T (keep for your records) Department of the Treasury - Internal Revenue Service Credit Limit Worksheet—Form 8863, Line 23 Nonrefundable lifetime learning credit 1. Enter the amount from Form 8863, line 22 ................................................. 1. 900 2. Enter the amount from Form 1040, line 46, or Form 1040A, line 28............. 2. 2,234 3. Enter the total, if any, of your credits from: • Form 1040, lines 47, 48, and the amount from Schedule R entered on line 53 } 3. 0 • Form 1040A, lines 29 and 30 4. Subtract line 3 from line 2 ............................................................ 4. 2,234 5. Nonrefundable lifetime learning credit. Enter the smaller of line 1 or line 4 ........................ 5. 900 Nonrefundable American opportunity credit 6. Enter the amount from Form 8863, line 15 ................................................. 6. 0 7. Enter the amount from Form 1040, line 46, or Form 1040A, line 28............. 7. 8. Enter the total, if any, of your credits from: • Form 1040, lines 47, 48, and the amount from Schedule R entered on line 53, and the amount from line 5 above 8. 0 • Form 1040A, lines 29 and 30, and the amount from line 5 above } 9. Subtract line 8 from line 7 ............................................................ 9. 10. Nonrefundable American opportunity credit. Enter the smaller of line 6 or line 9 .................... 10. 0 11. Nonrefundable education credits. Add line 5 and line 10. Enter here and on Form 8863, line 23 .......... 11. 900 Chapter 3 Lifetime Learning Credit Page 27 |
Page 28 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Education Credits (American Opportunity and OMB No. 1545-0074 Form 8863 Lifetime Learning Credits) Department of the Treasury See separate instructions to find out if you are eligible to take the credits. Attachment2011 Internal Revenue Service (99) Attach to Form 1040 or Form 1040A. Sequence No. 50 Name(s) shown on return Your social security number Judy Green 000-00-7777 You cannot take both an education credit and the tuition and fees deduction (see Form 8917) for the same student for ! the same year. CAUTION Part I American Opportunity Credit Caution: You cannot take the American opportunity credit for more than 4 tax years for the same student. 1 (a) Student’s name (b) Student’s (c) Qualied (d) Subtract $2,000 (e) Multiply the (f) If column (d) is zero, (as shown on page 1 social security expenses (see from the amount in amount in column enter the amount from of your tax return) number (as instructions). Do column (c). If zero (d) by 25% (.25) column (c). Otherwise, First name shown on page 1 not enter more or less, enter -0-. add $2,000 to the Last name of your tax return) than $4,000 for amount in column (e). each student. 2 Tentative American opportunity credit. Add the amounts on line 1, column (f). If you are taking the lifetime learning credit for a different student, go to Part II; otherwise, go to Part III . . . . . . 2 Part II Lifetime Learning Credit Caution: You cannot take the American opportunity credit and the lifetime learning credit for the same student in the same year. 3 (a) Student’s name (as shown on page 1 of your tax return) (b) Student’s social security (c) Qualied number (as shown on page expenses (see First name Last name 1 of your tax return) instructions) Judy Green 000-00-7777 4,500 4 Add the amounts on line 3, column (c), and enter the total . . . . . . . . . . . . . . . 4 4,500 5 Enter the smaller of line 4 or $10,000 . . . . . . . . . . . . . . . . . . . . . 5 4,500 6 Tentative lifetime learning credit. Multiply line 5 by 20% (.20). If you have an entry on line 2, go to Part III; otherwise go to Part IV . . . . . . . . . . . . . . . . . . . . . . . 6 900 For Paperwork Reduction Act Notice, see your tax return instructions. Cat. No. 25379M Form 8863 (2011) Page 28 Chapter 3 Lifetime Learning Credit |
Page 29 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Form 8863 (2011) Page 2 Part III Refundable American Opportunity Credit 7 Enter the amount from line 2. . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Enter: $180,000 if married ling jointly; $90,000 if single, head of household, or qualifying widow(er) . . . . . . . . . . . . . 8 9 Enter the amount from Form 1040, line 38, or Form 1040A, line 22. If you are ling Form 2555, 2555-EZ, or 4563, or you are excluding income from Puerto Rico, see Pub. 970 for the amount to enter . . . . . . . . 9 10 Subtract line 9 from line 8. If zero or less, stop; you cannot take any education credit . . . . . . . . . . . . . . . . . . . . 10 11 Enter: $20,000 if married ling jointly; $10,000 if single, head of household, or qualifying widow(er) . . . . . . . . . . . . . . . . . 11 12 If line 10 is: • Equal to or more than line 11, enter 1.000 on line 12 . . . . . . . . . . . • Less than line 11, divide line 10 by line 11. Enter the result as a decimal (rounded to . . . . 12 . at least three places) . . . . . . . . . . . . . . . . . . . . . } 13 Multiply line 7 by line 12. Caution: If you were under age 24 at the end of the year and meet the conditions on page 4 of the instructions, you cannot take the refundable American opportunity credit. Skip line 14, enter the amount from line 13 on line 15, and check this box . . 13 14 Refundable American opportunity credit. Multiply line 13 by 40% (.40). Enter the amount here and on Form 1040, line 66, or Form 1040A, line 40. Then go to line 15 below . . . . . . . . . 14 Part IV Nonrefundable Education Credits 15 Subtract line 14 from line 13 . . . . . . . . . . . . . . . . . . . . . . . 15 16 Enter the amount from line 6, if any. If you have no entry on line 6, skip lines 17 through 22, and enter the amount from line 15 on line 6 of the Credit Limit Worksheet (see instructions) . . . . 16 900 17 Enter: $122,000 if married ling jointly; $61,000 if single, head of household, or qualifying widow(er) . . . . . . . . . . . . . 17 61,000 18 Enter the amount from Form 1040, line 38, or Form 1040A, line 22. If you are ling Form 2555, 2555-EZ, or 4563, or you are excluding income from Puerto Rico, see Pub. 970 for the amount to enter . . . . . . . . 18 27,000 19 Subtract line 18 from line 17. If zero or less, skip lines 20 and 21, and enter zero on line 22 . . . . . . . . . . . . . . . . . . . . 19 34,000 20 Enter: $20,000 if married ling jointly; $10,000 if single, head of household, or qualifying widow(er) . . . . . . . . . . . . . . . . . 20 10,000 21 If line 19 is: • Equal to or more than line 20, enter 1.000 on line 21 and go to line 22 • Less than line 20, divide line 19 by line 20. Enter the result as a decimal (rounded to at least three places) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 1 . 000 22 Multiply line 16 by line 21. Enter here and on line 1 of the Credit Limit Worksheet (see instructions) 22 900 23 Nonrefundable education credits. Enter the amount from line 11 of the Credit Limit Worksheet (see instructions) here and on Form 1040, line 49, or Form 1040A, line 31 . . . . . . . . . 23 900 Form 8863 (2011) Chapter 3 Lifetime Learning Credit Page 29 |
Page 30 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Table 4-1. Student Loan Interest Deduction 4. at a Glance Do not rely on this table alone. Refer to the text for Student Loan Interest complete details. Deduction Feature Description Maximum You can reduce your income subject to tax Introduction benefit by up to $2,500. Generally, personal interest you pay, other than certain Loan Your student loan: mortgage interest, is not deductible on your tax return. qualifications • must have been taken out solely to pay However, if your modified adjusted gross income (MAGI) is qualified education expenses, and less than $75,000 ($150,000 if filing a joint return) there is a • cannot be from a related person or made special deduction allowed for paying interest on a student under a qualified employer plan. loan (also known as an education loan) used for higher education. For most taxpayers, MAGI is the adjusted gross Student The student must be: income as figured on their federal income tax return before qualifications • you, your spouse, or your dependent, subtracting any deduction for student loan interest. This and deduction can reduce the amount of your income subject • enrolled at least half-time in a degree to tax by up to $2,500 in 2011. program. The student loan interest deduction is taken as an Time limit on You can deduct interest paid during the adjustment to income. This means you can claim this deduction remaining period of your student loan. deduction even if you do not itemize deductions on Sched- ule A (Form 1040). Limit on $150,000 if married filing a joint return; This chapter explains: modified $75,000 if single, head of household, or adjusted gross qualifying widow(er). • What type of loan interest you can deduct, income (MAGI) • Whether you can claim the deduction, • What expenses you must have paid with the student loan, Your dependent. Generally, your dependent is someone who is either a: • Who is an eligible student, • Qualifying child, or • How to figure the deduction, and • Qualifying relative. • How to claim the deduction. You can find more information about dependents in Publi- Table 4-1. Student Loan Interest Deduction at a Glance cation 501. summarizes the features of the student loan interest de- Exceptions. For purposes of the student loan interest duction. deduction, there are the following exceptions to the gen- eral rules for dependents. • An individual can be your dependent even if you are Student Loan Interest Defined the dependent of another taxpayer. Student loan interest is interest you paid during the year on • An individual can be your dependent even if the a qualified student loan. It includes both required and individual files a joint return with a spouse. voluntary interest payments. • An individual can be your dependent even if the individual had gross income for the year that was Qualified Student Loan equal to or more than the exemption amount for the year ($3,700 for 2011). This is a loan you took out solely to pay qualified education expenses (defined later) that were: Reasonable period of time. Qualified education ex- • For you, your spouse, or a person who was your penses are treated as paid or incurred within a reasonable dependent when you took out the loan, period of time before or after you take out the loan if they are paid with the proceeds of student loans that are part of • Paid or incurred within a reasonable period of time a federal postsecondary education loan program. before or after you took out the loan, and Even if not paid with the proceeds of that type of loan, • For education provided during an academic period the expenses are treated as paid or incurred within a for an eligible student. reasonable period of time if both of the following require- ments are met. Loans from the following sources are not qualified stu- • The expenses relate to a specific academic period, dent loans. and • A related person. • The loan proceeds are disbursed within a period that • A qualified employer plan. begins 90 days before the start of that academic Page 30 Chapter 4 Student Loan Interest Deduction |
Page 31 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. period and ends 90 days after the end of that aca- Eligible educational institution. An eligible educational demic period. institution is any college, university, vocational school, or other postsecondary educational institution eligible to par- If neither of the above situations applies, the reasonable ticipate in a student aid program administered by the U.S. period of time usually is determined based on all the Department of Education. It includes virtually all accredited relevant facts and circumstances. public, nonprofit, and proprietary (privately owned profit-making) postsecondary institutions. Academic period. An academic period includes a se- mester, trimester, quarter, or other period of study (such as Certain educational institutions located outside the a summer school session) as reasonably determined by an United States also participate in the U.S. Department of educational institution. In the case of an educational insti- Education’s Federal Student Aid (FSA) programs. tution that uses credit hours or clock hours and does not For purposes of the student loan interest deduction, an have academic terms, each payment period can be treated eligible educational institution also includes an institution as an academic period. conducting an internship or residency program leading to a degree or certificate from an institution of higher education, Eligible student. This is a student who was enrolled at a hospital, or a health care facility that offers postgraduate least half-time in a program leading to a degree, certificate, training. or other recognized educational credential. An educational institution must meet the above criteria Enrolled at least half-time. A student was enrolled at only during the academic period(s) for which the student least half-time if the student was taking at least half the loan was incurred. The deductibility of interest on the loan normal full-time work load for his or her course of study. is not affected by the institution’s subsequent loss of eligi- The standard for what is half of the normal full-time work bility. load is determined by each eligible educational institution. The educational institution should be able to tell However, the standard may not be lower than any of those TIP you if it is an eligible educational institution. established by the U.S. Department of Education under the Higher Education Act of 1965. Related person. You cannot deduct interest on a loan you get from a related person. Related persons include: Your spouse, Adjustments to Qualified Education • Expenses • Your brothers and sisters, You must reduce your qualified education expenses by the • Your half brothers and half sisters, total amount paid for them with the following tax-free items. • Your ancestors (parents, grandparents, etc.), Employer-provided educational assistance. See • • Your lineal descendants (children, grandchildren, chapter 11, Employer-Provided Educational Assis- etc.), and tance. • Certain corporations, partnerships, trusts, and ex- • Tax-free distribution of earnings from a Coverdell empt organizations. education savings account (ESA). See Tax-Free Distributions in chapter 7, Coverdell Education Sav- ings Account. Qualified employer plan. You cannot deduct interest on a loan made under a qualified employer plan or under a • Tax-free distribution of earnings from a qualified tui- contract purchased under such a plan. tion program (QTP). See Figuring the Taxable Por- tion of a Distribution in chapter 8, Qualified Tuition Program. Qualified Education Expenses • U.S. savings bond interest that you exclude from For purposes of the student loan interest deduction, these income because it is used to pay qualified education expenses are the total costs of attending an eligible educa- expenses. See chapter 10, Education Savings Bond tional institution, including graduate school. They include Program. amounts paid for the following items. • The tax-free part of scholarships and fellowships. • Tuition and fees. See Tax-Free Scholarships and Fellowships in chap- • Room and board. ter 1, Scholarships, Fellowships, Grants, and Tuition Reductions. • Books, supplies, and equipment. • Veterans’ educational assistance. See Veterans’ • Other necessary expenses (such as transportation). Benefits in chapter 1, Scholarships, Fellowships, Grants, and Tuition Reductions. The cost of room and board qualifies only to the extent that it is not more than the greater of: • Any other nontaxable (tax-free) payments (other than gifts or inheritances) received as educational • The allowance for room and board, as determined assistance. by the eligible educational institution, that was in- cluded in the cost of attendance (for federal financial aid purposes) for a particular academic period and living arrangement of the student, or Include As Interest • The actual amount charged if the student is residing In addition to simple interest on the loan, if all other require- in housing owned or operated by the eligible educa- ments are met, the items discussed below can be student tional institution. loan interest. Chapter 4 Student Loan Interest Deduction Page 31 |
Page 32 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Loan origination fee. In general, this is a one-time fee Example. The payments on Roger’s student loan were charged by the lender when a loan is made. To be deducti- scheduled to begin in June 2010, 6 months after he gradu- ble as interest, a loan origination fee must be for the use of ated from college. He began making payments as re- money rather than for property or services (such as com- quired. In September 2011, Roger enrolled in graduate mitment fees or processing costs) provided by the lender. school on a full-time basis. He applied for and was granted A loan origination fee treated as interest accrues over the deferment of his loan payments while in graduate school. term of the loan. Wanting to pay down his student loan as much as possible, Loan origination fees were not required to be reported he made loan payments in October and November 2011. on Form 1098-E, Student Loan Interest Statement, for Even though these were voluntary (not required) pay- loans made before September 1, 2004. If loan origination ments, Roger can deduct the interest paid in October and fees are not included in the amount reported on your Form November. 1098-E, you can use any reasonable method to allocate the loan origination fees over the term of the loan. The method shown in the example below allocates equal por- Allocating Payments Between Interest and tions of the loan origination fee to each payment required Principal under the terms of the loan. A method that results in the double deduction of the same portion of a loan origination The allocation of payments between interest and principal fee would not be reasonable. for tax purposes might not be the same as the allocation shown on the Form 1098-E or other statement you receive Example. In August 2004, Bill took out a student loan from the lender or loan servicer. To make the allocation for for $16,000 to pay the tuition for his senior year of college. tax purposes, a payment generally applies first to stated The lender charged a 3% loan origination fee ($480) that interest that remains unpaid as of the date the payment is was withheld from the funds Bill received. Bill began mak- due, second to any loan origination fees allocable to the ing payments on his student loan in 2011. Because the payment, third to any capitalized interest that remains loan origination fee was not included in his 2011 Form unpaid as of the date the payment is due, and fourth to the 1098-E, Bill can use any reasonable method to allocate outstanding principal. that fee over the term of the loan. Bill’s loan is payable in 120 equal monthly payments. He allocates the $480 fee Example. In August 2010, Peg took out a $10,000 stu- equally over the total number of payments ($480 120÷ dent loan to pay the tuition for her senior year of college. months = $4 per month). Bill made 7 payments in 2011, so The lender charged a 3% loan origination fee ($300) that he paid $28 ($4 7)× of interest attributable to the loan was withheld from the funds Peg received. The interest origination fee. To determine his student loan interest (5% simple) on this loan accrued while she completed her deduction, he will add the $28 to the amount of other senior year and for 6 months after she graduated. At the interest reported to him on Form 1098-E. end of that period, the lender determined the amount to be repaid by capitalizing all accrued but unpaid interest ($625 Capitalized interest. This is unpaid interest on a student interest accrued from August 2010 through October 2011) loan that is added by the lender to the outstanding principal and adding it to the outstanding principal balance of the balance of the loan. Capitalized interest is treated as inter- loan. The loan is payable over 60 months, with a payment est for tax purposes and is deductible as payments of of $200.51 due on the first of each month, beginning principal are made on the loan. No deduction for capital- November 2011. ized interest is allowed in a year in which no loan payments Peg did not receive a Form 1098-E for 2011 from her were made. lender because the amount of interest she paid did not require the lender to issue an information return. However, Interest on revolving lines of credit. This interest, which she did receive an account statement from the lender that includes interest on credit card debt, is student loan inter- showed the following 2011 payments on her outstanding est if the borrower uses the line of credit (credit card) only loan of $10,625 ($10,000 principal + $625 accrued but to pay qualified education expenses. See Qualified Educa- unpaid interest). tion Expenses, earlier. Payment Date Payment Stated Interest Principal Interest on refinanced student loans. This includes in- November 2011 $200.51 $44.27 $156.24 terest on both: December 2011 $200.51 $43.62 $156.89 • Consolidated loans—loans used to refinance more Totals $401.02 $87.89 $313.13 than one student loan of the same borrower, and To determine the amount of interest that could be de- • Collapsed loans—two or more loans of the same ducted on the loan for 2011, Peg starts with the total borrower that are treated by both the lender and the amount of stated interest she paid, $87.89. Next, she borrower as one loan. allocates the loan origination fee over the term of the loan ($300 ÷60 months = $5 per month). A total of $10 ($5 of If you refinance a qualified student loan for more each of the two principal payments) should be treated as ! than your original loan and you use the additional interest for tax purposes. Peg then applies the unpaid CAUTION amount for any purpose other than qualified edu- capitalized interest ($625) to the two principal payments in cation expenses, you cannot deduct any interest paid on the order in which they were made, and determines that the refinanced loan. the remaining amount of principal of both payments is treated as interest for tax purposes. Assuming that Peg Voluntary interest payments. These are payments qualifies to take the student loan interest deduction, she made on a qualified student loan during a period when can deduct $401.02 ($87.89 + $10 + $303.13). interest payments are not required, such as when the For 2012, Peg will continue to allocate $5 of the loan borrower has been granted a deferment or the loan has not origination fee to the principal portion of each monthly yet entered repayment status. payment she makes and treat that amount as interest for Page 32 Chapter 4 Student Loan Interest Deduction |
Page 33 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. tax purposes. She also will apply the remaining amount of Interest paid by others. If you are the person legally capitalized interest ($625 $303.13- = $321.87) to the obligated to make interest payments and someone else principal payments in the order in which they are made makes a payment of interest on your behalf, you are until the balance is zero, and treat those amounts as treated as receiving the payments from the other person interest for tax purposes. and, in turn, paying the interest. Do Not Include As Interest Example 1. Darla obtained a qualified student loan to attend college. After Darla’s graduation from college, she You cannot claim a student loan interest deduction for any worked as an intern for a nonprofit organization. As part of of the following items. the internship program, the nonprofit organization made an interest payment on behalf of Darla. This payment was • Interest you paid on a loan if, under the terms of the treated as additional compensation and reported in box 1 loan, you are not legally obligated to make interest of her Form W-2. Assuming all other qualifications are met, payments. Darla can deduct this payment of interest on her tax return. • Loan origination fees that are payments for property or services provided by the lender, such as commit- Example 2. Ethan obtained a qualified student loan to ment fees or processing costs. attend college. After graduating from college, the first monthly payment on his loan was due in December. As a • Interest you paid on a loan to the extent payments gift, Ethan’s mother made this payment for him. No one is were made through your participation in the National claiming a dependency exemption for Ethan on his or her Health Service Corps Loan Repayment Program tax return. Assuming all other qualifications are met, Ethan (the “NHSC Loan Repayment Program”) or certain can deduct this payment of interest on his tax return. other loan repayment assistance programs. For more information, see Student Loan Repayment As- sistance in chapter 5, Student Loan Cancellations No Double Benefit Allowed and Repayment Assistance. You cannot deduct as interest on a student loan any amount that is an allowable deduction under any other provision of the tax law (for example, as home mortgage When Must Interest Be Paid interest). You can deduct all interest you paid during the year on your student loan, including voluntary payments, until the loan is paid off. Figuring the Deduction Your student loan interest deduction for 2011 is generally the smaller of: Can You Claim the Deduction • $2,500, or Generally, you can claim the deduction if all of the following requirements are met. • The interest you paid in 2011. Your filing status is any filing status except married However, the amount determined above may be gradually • filing separately. reduced (phased out) or eliminated based on your filing status and MAGI as explained below. You can use Work- • No one else is claiming an exemption for you on his sheet 4-1. Student Loan Interest Deduction Worksheet (at or her tax return. the end of this chapter) to figure both your MAGI and your • You are legally obligated to pay interest on a quali- deduction. fied student loan. Form 1098-E. To help you figure your student loan inter- • You paid interest on a qualified student loan. est deduction, you should receive Form 1098-E. Gener- ally, an institution (such as a bank or governmental Claiming an exemption for you. Another taxpayer is agency) that received interest payments of $600 or more claiming an exemption for you if he or she lists your name during 2011 on one or more qualified student loans must and other required information on his or her Form 1040 (or send Form 1098-E (or acceptable substitute) to each bor- Form 1040A), line 6c, or Form 1040NR, line 7c. rower by January 31, 2012. For qualified student loans taken out before September Example 1. During 2011, Josh paid $600 interest on his 1, 2004, the institution is required to include on Form qualified student loan. Only he is legally obligated to make 1098-E only payments of stated interest. Other interest the payments. No one claimed an exemption for Josh for payments, such as certain loan origination fees and capi- 2011. Assuming all other requirements are met, Josh can talized interest, may not appear on the form you receive. deduct the $600 of interest he paid on his 2011 Form 1040 However, if you pay qualifying interest that is not included or 1040A. on Form 1098-E, you can also deduct those amounts. See Allocating Payments Between Interest and Principal, ear- Example 2. During 2011, Jo paid $1,100 interest on her lier. qualified student loan. Only she is legally obligated to The lender may ask for a completed Form W-9S, or make the payments. Jo’s parents claimed an exemption for similar statement to obtain the borrower’s name, address, her on their 2011 tax return. In this case, neither Jo nor her and taxpayer identification number. The form may also be parents may deduct the student loan interest Jo paid in used by the borrower to certify that the student loan was 2011. incurred solely to pay for qualified education expenses. Chapter 4 Student Loan Interest Deduction Page 33 |
Page 34 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Effect of the Amount of Your Income MAGI when using Form 1040NR. If you file Form 1040NR, your MAGI is the AGI on line 36 of that form on the Amount of Your Deduction figured without taking into account any amount on line 33 The amount of your student loan interest deduction is (Student loan interest deduction) and line 34 (Domestic phased out (gradually reduced) if your MAGI is between production activities deduction). $60,000 and $75,000 ($120,000 and $150,000 if you file a MAGI when using Form 1040NR-EZ. If you file Form joint return). You cannot take a student loan interest de- 1040NR-EZ, your MAGI is the AGI on line 10 of that form duction if your MAGI is $75,000 or more ($150,000 or more figured without taking into account any amount on line 9 if you file a joint return). (Student loan interest deduction). Modified adjusted gross income (MAGI). For most tax- Phaseout. If your MAGI is within the range of incomes payers, MAGI is adjusted gross income (AGI) as figured on their federal income tax return before subtracting any de- where the credit must be reduced, you must figure your duction for student loan interest. However, as discussed reduced deduction. To figure the phaseout, multiply your below, there may be other modifications. interest deduction (before the phaseout) by a fraction. The Table 4-2 shows how the amount of your MAGI can numerator is your MAGI minus $60,000 ($120,000 in the affect your student loan interest deduction. case of a joint return). The denominator is $15,000 ($30,000 in the case of a joint return). Subtract the result Table 4-2. Effect of MAGI on Student Loan from your deduction (before the phaseout) to give you the Interest Deduction amount you can deduct. Example 1. During 2011 you paid $800 interest on a IF your THEN your student qualified student loan. Your 2011 MAGI is $145,000 and filing loan interest you are filing a joint return. You must reduce your deduc- status is... AND your MAGI is... deduction is... tion by $667, figured as follows. single, not more than not affected by the headhousehold,orof more$60,000than $60,000 reducedphaseout.because of $800 × $145,000 $30,000-$120,000= $667 qualifying but less than the phaseout. Your reduced student loan interest deduction is $133 widow(er) $75,000 ($800 -$667). $75,000 or more eliminated by the phaseout. Example 2. The facts are the same as in Example 1 married not more than not affected by the except that you paid $2,750 interest. Your maximum de- filing joint $120,000 phaseout. duction for 2011 is $2,500. You must reduce your maxi- return more than $120,000 reduced because of mum deduction by $2,083, figured as follows. but less than the phaseout. $150,000 $2,500 × $145,000 $30,000-$120,000= $2,083 $150,000 or more eliminated by the phaseout. In this example, your reduced student loan interest deduc- tion is $417 ($2,500 -$2,083). MAGI when using Form 1040A. If you file Form 1040A, your MAGI is the AGI on line 22 of that form figured Which Worksheet To Use without taking into account any amount on line 18 (Student loan interest deduction) and line 19 (Tuition and fees Generally, you figure the deduction using the Student Loan deduction). Interest Deduction Worksheet in the instructions for Form 1040, Form 1040A, or Form 1040NR. However, if you are MAGI when using Form 1040. If you file Form 1040, filing Form 2555, Foreign Earned Income, Form 2555-EZ, your MAGI is the AGI on line 38 of that form figured without Foreign Earned Income Exclusion, or Form 4563, Exclu- taking into account any amount on line 33 (Student loan sion of Income for Bona Fide Residents of American Sa- interest deduction), line 34 (Tuition and fees deduction), or moa, or you are excluding income from sources within line 35 (Domestic production activities deduction), and Puerto Rico, you must complete Worksheet 4-1. Student modified by adding back any: Loan Interest Deduction Worksheet at the end of this chapter. 1. Foreign earned income exclusion, 2. Foreign housing exclusion, 3. Foreign housing deduction, Claiming the Deduction 4. Exclusion of income by bona fide residents of Ameri- The student loan interest deduction is an adjustment to can Samoa, and income. To claim the deduction, enter the allowable 5. Exclusion of income by bona fide residents of Puerto amount on line 33 (Form 1040), line 18 (Form 1040A), line Rico. 33 (Form 1040NR), or line 9 (Form 1040NR-EZ). Page 34 Chapter 4 Student Loan Interest Deduction |
Page 35 of 87 of Publication 970 13:55 - 21-MAR-2012 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 Form 1040 instructions if you are filing Form 2555, 2555-EZ, or 4563, or you are excluding income from sources within Puerto Rico. Before using this worksheet, you must complete Form 1040, lines 7 through 32, plus any amount to be entered on the dotted line next to line 36. 1. Enter the total interest you paid in 2011 on qualified student loans. Do not enter more than $2,500 ........................................................ 1. 2. Enter the amount from Form 1040, line 22 ..................... 2. 3. Enter the total of the amounts from Form 1040, lines 23 through 32 ....................... 3. 4. Enter the total of any amounts entered on the dotted line next to Form 1040, line 36 ......... 4. 5. Add lines 3 and 4 ....................................... 5. 6. Subtract line 5 from line 2 ................................. 6. 7. Enter any foreign earned income exclusion and/or housing exclusion (Form 2555, line 45, or Form 2555-EZ, line 18) .......... 7. 8. Enter any foreign housing deduction (Form 2555, line 50) ......... 8. 9. Enter the amount of income from Puerto Rico you are excluding .... 9. 10. Enter the amount of income from American Samoa you are excluding (Form 4563, line 15) ....................... 10. 11. Add lines 6 through 10. This is your modified adjusted gross income ................. 11. 12. Enter the amount shown below for your filing status ................................ 12. • Single, head of household, or qualifying widow(er)—$60,000 • Married filing jointly—$120,000 13. Is the amount on line 11 more than the amount on line 12? No. Skip lines 13 and 14, enter -0- on line 15, and go to line 16. Yes. Subtract line 12 from line 11 ........................................... 13. 14. Divide line 13 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 .............. 14. . 15. Multiply line 1 by line 14 .................................................... 15. 16. Student loan interest deduction. Subtract line 15 from line 1. Enter the result here and on Form 1040, line 33. Do not include this amount in figuring any other deduction on your return (such as on Schedule A, C, E, etc.) ......................... 16. Chapter 4 Student Loan Interest Deduction Page 35 |
Page 36 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 4. An eligible educational institution, if the loan is made: a. As part of an agreement with an entity described 5. in (1), (2), (3) under which the funds to make the loan were provided to the educational institution, Student Loan or b. Under a program of the educational institution that Cancellations and is designed to encourage its students to serve in occupations with unmet needs or in areas with Repayment unmet needs where the services provided by the students (or former students) are for or under the Assistance direction of a governmental unit or a tax-exempt section 501(c)(3) organization. Introduction Occupations with unmet needs include medicine, nurs- Generally, if you are responsible for making loan pay- ing, teaching and law. ments, and the loan is canceled (forgiven), you must in- Section 501(c)(3) organization. This is any corpora- clude the amount that was forgiven in your gross income tion, community chest, fund, or foundation organized and for tax purposes. However, if you fulfill certain require- operated exclusively for one or more of the following pur- ments, two types of student loan assistance may be tax poses. free. The types of assistance discussed in this chapter are: • Charitable. • Student loan cancellation, and • Religious. • Student loan repayment assistance. • Educational. Student Loan Cancellation • Scientific. • Literary. If your student loan is canceled, you may not have to include any amount in income. This section describes the • Testing for public safety. requirements for tax-free treatment of canceled student Fostering national or international amateur sports • loans. competition (but only if none of its activities involve providing athletic facilities or equipment). Qualifying Loans The prevention of cruelty to children or animals. • To qualify for tax-free treatment, for the cancellation of your loan, your loan must have been made by a qualified Exception. The cancellation of your loan does not qualify lender to assist you in attending an eligible educational as tax-free student loan cancellation if your student loan institution and contain a provision that all or part of the debt was made by an educational institution and is canceled will be canceled if you work: because of services you performed for the educational • For a certain period of time, institution or other organization that provided the funds. • In certain professions, and Refinanced Loan • For any of a broad class of employers. If you refinanced a student loan with another loan from an The cancellation of your loan will not qualify for eligible educational institution or a tax-exempt organiza- ! tax-free treatment if it is cancelled because of tion, that loan may also be considered as made by a CAUTION services you performed for the educational insti- qualified lender. The refinanced loan is considered made tution that made the loan or other organization that pro- by a qualified lender if it is made under a program of the vided the funds. See Exception, later. refinancing organization that is designed to encourage students to serve in occupations with unmet needs or in Eligible educational institution. This is an educational areas with unmet needs where the services required of the institution that maintains a regular faculty and curriculum students are for or under the direction of a governmental and normally has a regularly enrolled body of students in unit or a tax-exempt section 501(c)(3) organization. attendance at the place where it carries on its educational activities. Qualified lenders. These include the following. Student Loan 1. The United States, or an instrumentality thereof. Repayment Assistance 2. A state, territory, or possession of the United States, Student loan repayments made to you are tax free if you or the District of Columbia, or any political subdivi- received them for any of the following: sion thereof. • The National Health Service Corps (NHSC) Loan 3. A public benefit corporation that is tax-exempt under Repayment Program (NHSC Loan Repayment Pro- section 501(c)(3); and that has assumed control of a gram). state, county, or municipal hospital; and whose em- ployees are considered public employees under • A state education loan repayment program eligible state law. for funds under the Public Health Service Act. Page 36 Chapter 5 Student Loan Cancellations and Repayment Assistance |
Page 37 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Any other state loan repayment or loan forgiveness You cannot deduct the interest you paid on a program that is intended to provide for the increased ! student loan to the extent payments were made availability of health services in under served or CAUTION through your participation in the above programs. health professional shortage areas. Chapter 5 Student Loan Cancellations and Repayment Assistance Page 37 |
Page 38 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Table 6-1. Tuition and Fees Deduction at a Glance 6. Do not rely on this table alone. Refer to the text for complete details. Tuition and Fees Question Answer Deduction What is the You can reduce your income subject maximum to tax by up to $4,000. benefit? Introduction You may be able to deduct qualified education expenses Limitadjustedon modifiedgross $160,000return;if married filing a joint paid during the year for yourself, your spouse, or your income (MAGI) $80,000 if single, head of household, dependent(s). You cannot claim this deduction if your filing or qualifying widow(er) status is married filing separately or if another person can claim an exemption for you as a dependent on his or her Where is the As an adjustment to income on tax return. The qualified expenses must be for higher deduction taken? Form 1040 or Form 1040A. education, as explained later under Qualified Education For whom must A student enrolled in an eligible Expenses. the expenses be educational institution who is either: paid? • you, What is the tax benefit of the tuition and fees deduc- • your spouse, or tion. The tuition and fees deduction can reduce the • your dependent for whom you amount of your income subject to tax by up to $4,000. claim an exemption. This deduction is taken as an adjustment to income. This means you can claim this deduction even if you do not What tuition and Tuition and fees required for fees are enrollment or attendance at an itemize deductions on Schedule A (Form 1040). This de- deductible? eligible postsecondary educational duction may be beneficial to you if you do not qualify for the institution, but not including personal, American opportunity or lifetime learning credits. living, or family expenses, such as You can choose the education benefit that will room and board. TIP give you the lowest tax. You may want to com- pare the tuition and fees deduction to the educa- tion credits. See chapter 2, American Opportunity Credit Who Cannot Claim the Deduction and chapter 3, Lifetime Learning Credit for more informa- tion on the education credits. You cannot claim the tuition and fees deduction if any of Table 6-1. Tuition and Fees Deduction at a Glance the following apply. summarizes the features of the tuition and fees deduction. • Your filing status is married filing separately. • Another person can claim an exemption for you as a dependent on his or her tax return. You cannot take Can You Claim the Deduction the deduction even if the other person does not actually claim that exemption. The following rules will help you determine if you can claim the tuition and fees deduction. • Your modified adjusted gross income (MAGI) is more than $80,000 ($160,000 if filing a joint return). Who Can Claim the Deduction • You (or your spouse) were a nonresident alien for any part of 2011 and the nonresident alien did not Generally, you can claim the tuition and fees deduction if elect to be treated as a resident alien for tax pur- all three of the following requirements are met. poses. More information on nonresident aliens can 1. You pay qualified education expenses of higher edu- be found in Publication 519. cation. • You or anyone else claims an American opportunity 2. You pay the education expenses for an eligible stu- or lifetime learning credit in 2011 with respect to dent. expenses of the student for whom the qualified edu- cation expenses were paid. 3. The eligible student is yourself, your spouse, or your dependent for whom you claim an exemption on your tax return. The term “qualified education expenses” is defined later What Expenses Qualify under Qualified Education Expenses. “Eligible student” is The tuition and fees deduction is based on qualified educa- defined later under Who Is an Eligible Student. For more tion expenses you pay for yourself, your spouse, or a information on claiming the deduction for a dependent, see dependent for whom you claim an exemption on your tax Who Can Claim a Dependent’s Expenses , later. return. Generally, the deduction is allowed for qualified education expenses paid in 2011 in connection with enroll- ment at an institution of higher education during 2011 or for an academic period beginning in 2011 or in the first 3 months of 2012. For example, if you paid $1,500 in December 2011 for qualified tuition for the spring 2012 semester beginning in Page 38 Chapter 6 Tuition and Fees Deduction |
Page 39 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. January 2012, you may be able to use that $1,500 in first-year books and materials, her payment is not a quali- figuring your 2011 deduction. fied education expense because the books and materials are not required to be purchased from College W for Academic period. An academic period includes a se- enrollment or attendance at the institution. mester, trimester, quarter, or other period of study (such as a summer school session) as reasonably determined by an Example 3. When Marci enrolled at College X for her educational institution. In the case of an educational insti- freshman year, she had to pay a separate student activity tution that uses credit hours or clock hours and does not fee in addition to her tuition. This activity fee is required of have academic terms, each payment period can be treated all students, and is used solely to fund on-campus organi- as an academic period. zations and activities run by students, such as the student Paid with borrowed funds. You can claim a tuition and newspaper and the student government. No portion of the fees deduction for qualified education expenses paid with fee covers personal expenses. Although labeled as a stu- the proceeds of a loan. Use the expenses to figure the dent activity fee, the fee is required for Marci’s enrollment deduction for the year in which the expenses are paid, not and attendance at College X. Therefore, it is a qualified the year in which the loan is repaid. Treat loan payments expense. sent directly to the educational institution as paid on the date the institution credits the student’s account. No Double Benefit Allowed Student withdraws from class(es). You can claim a tuition and fees deduction for qualified education expenses You cannot do any of the following. not refunded when a student withdraws. • Deduct qualified education expenses you deduct under any other provision of the law, for example, as Qualified Education Expenses a business expense. • Deduct qualified education expenses for a student For purposes of the tuition and fees deduction, qualified on your income tax return if you or anyone else education expenses are tuition and certain related ex- claims an American opportunity or lifetime learning penses required for enrollment or attendance at an eligible credit for that same student in the same year. educational institution. • Deduct qualified education expenses that have been Eligible educational institution. An eligible educational used to figure the tax-free portion of a distribution institution is any college, university, vocational school, or from a Coverdell education savings account (ESA) other postsecondary educational institution eligible to par- or a qualified tuition program (QTP). For a QTP, this ticipate in a student aid program administered by the U.S. applies only to the amount of tax-free earnings that Department of Education. It includes virtually all accredited were distributed, not to the recovery of contributions public, nonprofit, and proprietary (privately owned to the program. See Coordination With Tuition and profit-making) postsecondary institutions. The educational Fees Deduction in chapter 8, Qualified Tuition Pro- institution should be able to tell you if it is an eligible gram, later. educational institution. Certain educational institutions located outside the • Deduct qualified education expenses that have been United States also participate in the U.S. Department of paid with tax-free interest on U.S. savings bonds Education’s Federal Student Aid (FSA) programs. (Form 8815). See Figuring the Tax-Free Amount in chapter 10, Education Savings Bond Program, later. Related expenses. Student-activity fees and expenses for course-related books, supplies, and equipment are • Deduct qualified education expenses that have been included in qualified education expenses only if the fees paid with tax-free educational assistance, such as a and expenses must be paid to the institution as a condition scholarship, grant, or assistance provided by an em- of enrollment or attendance. ployer. See the following section on Adjustments to In the following examples, assume that each student is Qualified Education Expenses. an eligible student and each college or university an eligi- ble educational institution. Adjustments to Qualified Education Example 1. Jackson is a sophomore in University V’s Expenses degree program in dentistry. This year, in addition to tui- If you pay qualified education expenses with certain tion, he is required to pay a fee to the university for the tax-free funds, you cannot claim a deduction for those rental of the dental equipment he will use in this program. amounts. You must reduce the qualified education ex- Because the equipment rental fee must be paid to Univer- penses by the amount of any tax-free educational assis- sity V for enrollment and attendance, Jackson’s equipment tance and refund(s) you received. You must also reduce rental fee is a qualified expense. qualified education expenses by the other amounts re- ferred to in No Double Benefit Allowed, earlier. Example 2. Donna and Charles, both first-year stu- dents at College W, are required to have certain books and Tax-free educational assistance. This includes: other reading materials to use in their mandatory first-year • The tax-free part of scholarships and fellowships classes. The college has no policy about how students (see Tax-Free Scholarships and Fellowships in should obtain these materials, but any student who chapter 1, Scholarships, Fellowships, Grants, and purchases them from College W’s bookstore will receive a Tuition Reductions), bill directly from the college. Charles bought his books from a friend, so what he paid for them is not a qualified educa- • Pell grants (see Pell Grants and Other Title IV tion expense. Donna bought hers at College W’s book- Need-Based Education Grants in chapter 1, Scholar- store. Although Donna paid College W directly for her ships, Fellowships, Grants, and Tuition Reductions), Chapter 6 Tuition and Fees Deduction Page 39 |
Page 40 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Employer-provided educational assistance (see tax-free educational assistance, so she does not need to chapter 11, Employer-Provided Educational Assis- reduce her qualified expenses by any part of the loan tance), proceeds. Jackie is treated as having paid $1,000 in quali- Veterans’ educational assistance (see Veterans’ fied education expenses ($3,000 tuition – $2,000 scholar- • Benefits in chapter 1, Scholarships, Fellowships, ship) in 2011. Grants, and Tuition Reductions), and Example 2. The facts are the same as in Example 1, • Any other nontaxable (tax-free) payments (other except that Jackie reports her entire scholarship as income than gifts or inheritances) received as educational on her tax return. Because Jackie reported the entire assistance. $2,000 scholarship in her income, she does not need to reduce her qualified education expenses. Jackie is treated Refunds. Qualified education expenses do not include as having paid $3,000 in qualified education expenses. expenses for which you or someone else receives a re- fund. (For information on expenses paid by a dependent Expenses That Do Not Qualify student or third party, see Who Can Claim a Dependent’s Expenses, later.) Qualified education expenses do not include amounts paid If a refund of expenses paid in 2011 is received before for: you file your tax return for 2011, simply reduce the amount • Insurance, of the expenses paid by the amount of the refund received. If the refund is received after you file your 2011 tax return, • Medical expenses (including student health fees), see When Must the Deduction Be Repaid (Recaptured), • Room and board, near the end of this chapter. You are considered to receive a refund of expenses • Transportation, or when an eligible educational institution refunds loan pro- • Similar personal, living, or family expenses. ceeds to the lender on behalf of the borrower. Follow the above instructions according to when you are considered This is true even if the amount must be paid to the institu- to receive the refund. tion as a condition of enrollment or attendance. Amounts that do not reduce qualified education ex- Sports, games, hobbies, and noncredit courses. Qual- penses. Do not reduce qualified education expenses by ified education expenses generally do not include ex- amounts paid with funds the student receives as: penses that relate to any course of instruction or other education that involves sports, games or hobbies, or any • Payment for services, such as wages, noncredit course. However, if the course of instruction or • A loan, other education is part of the student’s degree program, these expenses can qualify. • A gift, • An inheritance, or Comprehensive or bundled fees. Some eligible educa- tional institutions combine all of their fees for an academic • A withdrawal from the student’s personal savings. period into one amount. If you do not receive, or do not have access to, an allocation showing how much you paid Do not reduce the qualified education expenses by any for qualified education expenses and how much you paid scholarship or fellowship reported as income on the stu- for personal expenses, such as those listed above, contact dent’s tax return in the following situations. the institution. The institution is required to make this • The use of the money is restricted, by the terms of allocation and provide you with the amount you paid (or the scholarship or fellowship, to costs of attendance were billed) for qualified education expenses on Form (such as room and board) other than qualified edu- 1098-T. See Figuring the Deduction, later, for more infor- cation expenses as defined in Qualified education mation about Form 1098-T. expenses in chapter 1, Scholarships, Fellowships, Grants, and Tuition Restrictions. • The use of the money is not restricted. Who Is an Eligible Student Example 1. In 2011, Jackie paid $3,000 for tuition and For purposes of the tuition and fees deduction, an eligible $5,000 for room and board at University X. The university student is a student who is enrolled in one or more courses did not require her to pay any fees in addition to her tuition at an eligible educational institution (as defined under in order to enroll in or attend classes. To help pay these Qualified Education Expenses, earlier). costs, she was awarded a $2,000 scholarship and a $4,000 student loan. The terms of the scholarship state that it can be used to pay any of Jackie’s college expenses. Who Can Claim a University X applies the $2,000 scholarship against Jackie’s $8,000 total bill, and Jackie pays the $6,000 Dependent’s Expenses balance of her bill from University X with a combination of her student loan and her savings. Jackie does not report Generally, in order to claim the tuition and fees deduction any portion of the scholarship as income on her tax return. for qualified education expenses for a dependent, you In figuring the tuition and fees deduction, Jackie must must: reduce her qualified education expenses by the amount of 1. Have paid the expenses, and the scholarship ($2,000) because she excluded the entire scholarship from her income. The student loan is not 2. Claim an exemption for the student as a dependent. Page 40 Chapter 6 Tuition and Fees Deduction |
Page 41 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. For you to be able to deduct qualified education ex- If an exemption cannot be claimed for Dan on anyone penses for your dependent, you must claim an exemption else’s tax return, only Dan can claim a tuition and fees for that individual. You do this by listing your dependent’s deduction for his grandmother’s payment. If someone else name and other required information on Form 1040 (or can claim an exemption for Dan, no one will be allowed a Form 1040A), line 6c. deduction for Ms. Baker’s payment. Tuition reduction. When an eligible educational institu- isIFanyoureligibledependent tion provides a reduction in tuition to an employee of the student and you... AND... THEN... institution (or spouse or dependent child of an employee), the amount of the reduction may or may not be taxable. If it forclaimyour andependentexemption qualifiedyou paideducationall theonlyqualifiedyou caneducationdeduct is taxable, the employee is treated as receiving a payment expenses for your expenses that you of that amount and, in turn, paying it to the educational dependent paid. Your dependent institution on behalf of the student. For more information on cannot take a tuition reductions, see Qualified Tuition Reduction, in deduction. chapter 1, Scholarships, Fellowships, Grants, and Tuition claim an exemption your dependent no one is allowed to Reductions. for your dependent paid all qualified take a deduction. education expenses do not claim an you paid all no one is allowed to Figuring the Deduction exemption for your qualified education take a deduction. dependent expenses The maximum tuition and fees deduction in 2011 is $4,000, $2,000, or $0, depending on the amount of your MAGI. do not claim anexemption for your your dependentpaid all qualified no onetake a deduction. is allowed to See Effect of the Amount of Your Income on the Amount of dependent education Your Deduction, later. expenses Form 1098-T. To help you figure your tuition and fees deduction, you should receive Form 1098-T (see Form Expenses paid by dependent. If your dependent pays 1098-T in chapter 3, Lifetime Learning Credit, for a com- qualified education expenses, no one can take a tuition pleted example of Form 1098-T). Generally, an eligible and fees deduction for those expenses. Neither you nor educational institution (such as a college or university) your dependent can deduct the expenses. For purposes of must send Form 1098-T (or acceptable substitute) to each the tuition and fees deduction, you are not treated as enrolled student by January 31, 2012. An institution may paying any expenses actually paid by a dependent for choose to report either payments received (box 1), or whom you or anyone other than the dependent can claim amounts billed (box 2), for qualified education expenses. an exemption. This rule applies even if you do not claim an However, the amount in boxes 1 and 2 of Form 1098-T exemption for your dependent on your tax return. might be different than what you actually paid. When figur- ing the deduction, use only the amounts you paid in 2011 Expenses paid by you. If you claim an exemption for a for qualified education expenses. dependent who is an eligible student, only you can include In addition, your Form 1098-T should give you other any expenses you paid when figuring your tuition and fees information for that institution, such as adjustments made deduction. for prior years, the amount of scholarships or grants, reim- Expenses paid under divorce decree. Qualified educa- bursements or refunds, and whether you were enrolled at tion expenses paid directly to an eligible educational insti- least half-time or were a graduate student. tution for a student under a court-approved divorce decree The eligible educational institution may ask for a com- are treated as paid by the student. Only the student would pleted Form W-9S or similar statement to obtain the stu- be eligible to take a tuition and fees deduction for that dent’s name, address, and taxpayer identification number. payment, and then only if no one else could claim an exemption for the student. Effect of the Amount of Your Income Expenses paid by others. Someone other than you, your on the Amount of Your Deduction spouse, or your dependent (such as a relative or former spouse) may make a payment directly to an eligible educa- If your MAGI is not more than $65,000 ($130,000 if you are tional institution to pay for an eligible student’s qualified married filing jointly), your maximum tuition and fees de- education expenses. In this case, the student is treated as duction is $4,000. If your MAGI is larger than $65,000 receiving the payment from the other person and, in turn, ($130,000 if you are married filing jointly), but is not more paying the institution. If you claim, or can claim, an exemp- than $80,000 ($160,000 if you are married filing jointly), tion on your tax return for the student, you are not consid- your maximum deduction is $2,000. No tuition and fees ered to have paid the expenses and you cannot deduct deduction is allowed if your MAGI is larger than $80,000 them. If the student is not a dependent, only the student ($160,000 if you are married filing jointly). can deduct payments made directly to the institution for his Modified adjusted gross income (MAGI). For most tax- or her expenses. If the student is your dependent, no one payers, MAGI is adjusted gross income (AGI) as figured on can deduct the payments. their federal income tax return before subtracting any de- duction for tuition and fees. However, as discussed below, Example. In 2011, Ms. Baker makes a payment directly there may be other modifications. to an eligible educational institution for her grandson Dan’s qualified education expenses. For purposes of deducting MAGI when using Form 1040A. If you file Form tuition and fees, Dan is treated as receiving the money 1040A, your MAGI is the AGI on line 22 of that form, from his grandmother and, in turn, paying his own qualified figured without taking into account any amount on line 19 education expenses. (Tuition and fees). Chapter 6 Tuition and Fees Deduction Page 41 |
Page 42 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. MAGI when using Form 1040. If you file Form 1040, your MAGI is the AGI on line 38 of that form, figured without taking into account any amount on line 34 (Tuition and fees) or line 35 (Domestic production activities deduc- When Must the Deduction Be tion), and modified by adding back any: Repaid (Recaptured) 1. Foreign earned income exclusion, If, after you file your 2011 tax return, you or someone else 2. Foreign housing exclusion, receives tax-free educational assistance for, or a refund of, an expense you used to figure a tuition and fees deduction 3. Foreign housing deduction, on that return, you may have to repay all or part of the 4. Exclusion of income by bona fide residents of Ameri- deduction. This applies to assistance and refunds received can Samoa, and by the individual claiming the deduction, and, in the case of a student who claims the deduction, refunds received by 5. Exclusion of income by bona fide residents of Puerto anyone else who paid such expenses for the student. Rico. You must include the assistance or refund in income in Table 6-2 shows how the amount of your MAGI can the year you receive it to the extent that the deduction of affect your tuition and fees deduction. the refunded amount reduced your tax in 2011. Refigure You can use Worksheet 6-1. MAGI for the Tuition and your tuition and fees deduction for 2011 as if the tax-free Fees Deduction, later, to figure your MAGI. assistance or refund was received in 2011. If your tuition and fees deduction for 2011 would not have been reduced, Table 6-2. Effect of MAGI on Maximum you do not have to include any of that assistance or refund Tuition and Fees Deduction in your income in the year it was received. If your tuition and fees deduction for 2011 would have been reduced, refigure your taxable income and your tax for 2011 using THEN your the reduced tuition and fees deduction. Any increase in IFfilingyour AND your MAGI andmaximumfees deductiontuition taxable income that would have increased your tax is the status is... is... is... amount you must include in income (recapture). Add the recapture amount to your income for the year in which you single, not more than $4,000. received the assistance or refund by entering it on the head of $65,000 “Other income” line of Form 1040. Form 1040A cannot be orhousehold, more than $65,000 $2,000. used. Your 2011 tax return does not change. qualifying but not more than widow(er) $80,000 Example. You paid $3,500 of qualified education ex- more than $80,000 $0. penses in December 2011, and your child began college in January 2012. You claimed $3,500 as the tuition and fees married not more than $4,000. deduction on your 2011 income tax return. The reduction filing joint $130,000 reduced your taxable income by $3,500. Also, you claimed return more than $130,000 $2,000. no tax credits in 2011. Your child dropped two classes and but not more than you received a refund of $2,000 in 2012 after you filed your $160,000 2011 tax return. Refigure your 2011 tuition and fees deduc- more than $160,000 $0. tion using $1,500 of qualified education expense instead of the $3,500. The refigured tuition and fees deduction is $1,500. Do not file an amended 2011 tax return to account for this adjustment. Instead, include the difference of $2,000 (but only to the extent this difference would have Claiming the Deduction increased your 2011 tax) on the “Other income” line of your 2012 Form 1040. You cannot file Form 1040A for 2012. You claim a tuition and fees deduction by completing Form 8917 and submitting it with your Form 1040 or Form 1040A. Enter the deduction on Form 1040, line 34, or Form 1040A, line 19. A filled-in Form 8917 is shown at the end of Illustrated Example this chapter. Tim Pfister, a single taxpayer, enrolled full-time at a local college to earn a degree in engineering. This is the first year of his postsecondary education. During 2011, he paid $3,600 for his qualified 2011 tuition expense. Both he and the college meet all of the requirements for the tuition and fees deduction. Tim’s total income (Form 1040, line 22) and MAGI are $26,000. He figures his deduction of $3,600 as shown on Form 8917, later. Page 42 Chapter 6 Tuition and Fees Deduction |
Page 43 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet 6-1. MAGI for the Tuition and Fees Deduction Keep for Your Records Use this worksheet if you are filing Form 2555, 2555-EZ, or 4563, or you are excluding income from sources within Puerto Rico. Before using this worksheet, you must complete Form 1040, lines 7 through 33, and figure any amount to be entered on the dotted line next to line 36. 1. Enter the amount from Form 1040, line 22 .................... 1. 2. Enter the total from Form 1040, lines 23 through 33 ......................... 2. 3. Enter the total of any amounts entered on the dotted line next to Form 1040, line 36...... 3. 4. Add lines 2 and 3 ...................................... 4. 5. Subtract line 4 from line 1 ................................ 5. 6. Enter your foreign earned income exclusion and/or housing exclusion (Form 2555, line 45, or Form 2555-EZ, line 18) ......... 6. 7. Enter your foreign housing deduction (Form 2555, line 50) ........ 7. 8. Enter the amount of income from Puerto Rico you are excluding .... 8. 9. Enter the amount of income from American Samoa you are excluding (Form 4563, line 15) ............................. 9. 10. Add lines 5 through 9. This is your modified adjusted gross income .................. 10. Note. If the amount on line 10 is more than $80,000 ($160,000 if married filing jointly), you cannot take the deduction for tuition and fees. Chapter 6 Tuition and Fees Deduction Page 43 |
Page 44 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. OMB No. 1545-0074 Form Tuition and Fees Deduction 8917 Department of the Treasury See Instructions. 2011 Internal Revenue Service Attach to Form 1040 or Form 1040A. Attachment Sequence No. 60 Name(s) shown on return Your social security number Tim Pfister 000-00-5432 You cannot take both an education credit from Form 8863 and the tuition and fees deduction from this form for the ! same student for the same tax year. CAUTION Before you begin: To see if you qualify for this deduction, see Who Can Take the Deduction in the instructions below. If you le Form 1040, gure any write-in adjustments to be entered on the dotted line next to Form 1040, line 36. See the 2011 Form 1040 instructions for line 36. 1 (a) Student’s name (as shown on page 1 of your tax return) (b) Student’s social security (c) Qualied number (as shown on page expenses (see First name Last name 1 of your tax return) instructions) Tim Pfister 000-00-5432 3,600 2 Add the amounts on line 1, column (c), and enter the total . . . . . . . . . . . . . 2 3,600 3 Enter the amount from Form 1040, line 22, or Form 1040A, line 15 3 26,000 4 Enter the total from either: • Form 1040, lines 23 through 33, plus any write-in adjustments entered on the dotted line next to Form 1040, line 36, or • Form 1040A, lines 16 through 18. . . . . . . . . . . 4 -0- 5 Subtract line 4 from line 3.* If the result is more than $80,000 ($160,000 if married ling jointly), stop; you cannot take the deduction for tuition and fees . . . . . . . . . . . . . 5 26,000 *If you are ling Form 2555, 2555-EZ, or 4563, or you are excluding income from Puerto Rico, see Effect of the Amount of Your Income on the Amount of Your Deduction in Pub. 970, chapter 6, to gure the amount to enter on line 5. 6 Tuition and fees deduction. Is the amount on line 5 more than $65,000 ($130,000 if married ling jointly)? Yes. Enter the smaller of line 2, or $2,000. . . . . . . . . . . . . . . 6 3,600 No. Enter the smaller of line 2, or $4,000. } Also enter this amount on Form 1040, line 34, or Form 1040A, line 19. Page 44 Chapter 6 Tuition and Fees Deduction |
Page 45 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. What Is a Coverdell ESA 7. A Coverdell ESA is a trust or custodial account created or organized in the United States only for the purpose of Coverdell Education paying the qualified education expenses of the Designated beneficiary (defined later) of the account. Savings Account When the account is established, the designated benefi- ciary must be under age 18 or a special needs beneficiary. (ESA) To be treated as a Coverdell ESA, the account must be designated as a Coverdell ESA when it is created. The document creating and governing the account must Introduction be in writing and must satisfy the following requirements. If your modified adjusted gross income (MAGI) is less than $110,000 ($220,000 if filing a joint return), you may be able 1. The trustee or custodian must be a bank or an entity to establish a Coverdell ESA to finance the qualified edu- approved by the IRS. cation expenses of a designated beneficiary. For most 2. The document must provide that the trustee or custo- taxpayers, MAGI is the adjusted gross income as figured dian can only accept a contribution that meets all of on their federal income tax return. the following conditions. There is no limit on the number of separate Coverdell ESAs that can be established for a designated beneficiary. a. The contribution is in cash. However, total contributions for the beneficiary in any year b. The contribution is made before the beneficiary cannot be more than $2,000, no matter how many ac- reaches age 18, unless the beneficiary is a spe- counts have been established. See Contributions, later. cial needs beneficiary. This benefit applies not only to higher education c. The contribution would not result in total contribu- TIP expenses, but also to elementary and secondary tions for the year (not including rollover contribu- education expenses. tions) being more than $2,000. What is the tax benefit of the Coverdell ESA. Contribu- tions to a Coverdell ESA are not deductible, but amounts 3. Money in the account cannot be invested in life insur- deposited in the account grow tax free until distributed. ance contracts. If, for a year, distributions from an account are not more 4. Money in the account cannot be combined with other than a designated beneficiary’s qualified education ex- property except in a common trust fund or common penses at an eligible educational institution, the benefi- investment fund. ciary will not owe tax on the distributions. See Tax-Free Distributions, later. 5. The balance in the account generally must be distrib- Table 7-1 summarizes the main features of the Cover- uted within 30 days after the earlier of the following dell ESA. events. a. The beneficiary reaches age 30, unless the bene- Table 7-1. Coverdell ESA at a Glance ficiary is a special needs beneficiary. Do not rely on this table alone. It provides only general highlights. See the text for definitions of b. The beneficiary’s death. terms in bold type and for more complete explanations. Question Answer Qualified Education Expenses What is a Coverdell A savings account that is set up to pay Generally, these are expenses required for the enrollment ESA? the qualified education expenses of a or attendance of the designated beneficiary at an eligible designated beneficiary. educational institution. For purposes of Coverdell ESAs, Where can it be It can be opened in the United States at the expenses can be either qualified higher education established? any bank or other IRS-approved entity expenses or qualified elementary and secondary educa- that offers Coverdell ESAs. tion expenses. Who can have a Any beneficiary who is under age 18 or Coverdell ESA? is a special needs beneficiary. Designated beneficiary. This is the individual named in Who can contribute to Generally, any individual (including the the document creating the trust or custodial account to a Coverdell ESA? beneficiary) whose modified adjusted receive the benefit of the funds in the account. gross income$110,000 ($220,000 in the case of a for the year is less than Contributions to a qualified tuition program (QTP). A joint return). contribution to a QTP is a qualified education expense if the contribution is on behalf of the designated beneficiary Arefree?distributions taxYes,than theif thebeneficiary’sdistributionsadjustedare not more of the Coverdell ESA. In the case of a change in benefi- qualified education expenses for the ciary, this is a qualified expense only if the new beneficiary year. is a family member of that designated beneficiary. See chapter 8, Qualified Tuition Program. Chapter 7 Coverdell Education Savings Account (ESA) Page 45 |
Page 46 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Eligible Educational Institution Qualified Elementary and Secondary Education Expenses For purposes of Coverdell ESAs, an eligible educational institution can be either an eligible postsecondary school These are expenses related to enrollment or attendance at or an eligible elementary or secondary school. an eligible elementary or secondary school. As shown in the following list, to be qualified, some of the expenses must be required or provided by the school. There are Eligible postsecondary school. This is any college, uni- special rules for computer-related expenses. versity, vocational school, or other postsecondary educa- tional institution eligible to participate in a student aid 1. The following expenses must be incurred by a desig- program administered by the U.S. Department of Educa- nated beneficiary in connection with enrollment or tion. It includes virtually all accredited public, nonprofit, and attendance at an eligible elementary or secondary proprietary (privately owned profit-making) postsecondary school. institutions. The educational institution should be able to a. Tuition and fees. tell you if it is an eligible educational institution. Certain educational institutions located outside the b. Books, supplies, and equipment. United States also participate in the U.S. Department of c. Academic tutoring. Education’s Federal Student Aid (FSA) programs. d. Special needs services for a special needs benefi- ciary. Eligible elementary or secondary school. This is any public, private, or religious school that provides elementary 2. The following expenses must be required or provided or secondary education (kindergarten through grade 12), by an eligible elementary or secondary school in con- as determined under state law. nection with attendance or enrollment at the school. a. Room and board. Qualified Higher Education Expenses b. Uniforms. These are expenses related to enrollment or attendance at c. Transportation. an eligible postsecondary school. As shown in the follow- d. Supplementary items and services (including ex- ing list, to be qualified, some of the expenses must be tended day programs). required by the school and some must be incurred by students who are enrolled at least half-time. 3. The purchase of computer technology, equipment, or Internet access and related services is a qualified 1. The following expenses must be required for enroll- elementary and secondary education expense if it is ment or attendance of a designated beneficiary at an to be used by the beneficiary and the beneficiary’s eligible postsecondary school. family during any of the years the beneficiary is in a. Tuition and fees. elementary or secondary school. (This does not in- clude expenses for computer software designed for b. Books, supplies, and equipment. sports, games, or hobbies unless the software is predominantly educational in nature.) 2. Expenses for special needs services needed by a special needs beneficiary must be incurred in con- nection with enrollment or attendance at an eligible postsecondary school. Contributions 3. Expenses for room and board must be incurred by Any individual (including the designated beneficiary) can students who are enrolled at least half-time (defined contribute to a Coverdell ESA if the individual’s MAGI below). (defined later under Contribution Limits) for the year is less The expense for room and board qualifies only to than $110,000. For individuals filing joint returns, that the extent that it is not more than the greater of the amount is $220,000. following two amounts. Organizations, such as corporations and trusts, can also contribute to Coverdell ESAs. There is no requirement a. The allowance for room and board, as determined that an organization’s income be below a certain level. by the school, that was included in the cost of Contributions must meet all of the following require- attendance (for federal financial aid purposes) for ments. a particular academic period and living arrange- ment of the student. 1. They must be in cash. b. The actual amount charged if the student is resid- 2. They cannot be made after the beneficiary reaches ing in housing owned or operated by the school. age 18, unless the beneficiary is a special needs beneficiary. 3. They must be made by the due date of the contribu- Half-time student. A student is enrolled “at least tor’s tax return (not including extensions). half-time” if he or she is enrolled for at least half the Contributions can be made to one or several Coverdell full-time academic work load for the course of study the ESAs for the same designated beneficiary provided that student is pursuing, as determined under the standards of the total contributions are not more than the contribution the school where the student is enrolled. limits (defined later) for a year. Page 46 Chapter 7 Coverdell Education Savings Account (ESA) |
Page 47 of 87 of Publication 970 13:55 - 21-MAR-2012 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 a joint return), you cannot contribute to anyone’s Coverdell Coverdell ESA and a QTP in the same year for the same ESA. beneficiary. Table 7-2 summarizes many of the features of contribut- Table 7-2. Coverdell ESA Contributions ing to a Coverdell ESA. at a Glance When contributions considered made. Contributions Do not rely on this table alone. It provides only general made to a Coverdell ESA for the preceding tax year are highlights. See the text for more complete explanations. considered to have been made on the last day of the preceding year. They must be made by the due date (not Question Answer including extensions) for filing your return for the preceding year. Are contributions No. For example, if you make a contribution to a Coverdell deductible? ESA in February 2012, and you designate it as a contribu- What is the annual $2,000 for each designated tion for 2011, you are considered to have made that contri- contribution limit per beneficiary. bution on December 31, 2011. designated beneficiary? What if more than one The annual contribution limit Contribution Limits Coverdell ESA has been is $2,000 for each opened for the same beneficiary, no matter how There are two yearly limits: designated beneficiary? many Coverdell ESAs are set up for that beneficiary. 1. One on the total amount that can be contributed for What if more than one The annual contribution limit each designated beneficiary in any year, and individual makes is $2,000 per beneficiary, no 2. One on the amount that any individual can contribute contributions for the same matter how many individuals for any one designated beneficiary for a year. designated beneficiary? contribute. Can contributions other than No. Limit for each designated beneficiary. For 2011, the cash be made to a total of all contributions to all Coverdell ESAs set up for the Coverdell ESA? benefit of any one designated beneficiary cannot be more When must contributions No contributions can be than $2,000. This includes contributions (other than rollo- stop? made to a beneficiary’s vers) to all the beneficiary’s Coverdell ESAs from all Coverdell ESA after he or sources. Rollovers are discussed under Rollovers and she reaches age 18, unless Other Transfers, later. the beneficiary is a special needs beneficiary. Example. When Maria Luna was born in 2010, three separate Coverdell ESAs were set up for her, one by her parents, one by her grandfather, and one by her aunt. In Modified adjusted gross income (MAGI). For most tax- 2011, the total of all contributions to Maria’s three Cover- payers, MAGI is adjusted gross income (AGI) as figured on dell ESAs cannot be more than $2,000. For example, if her their federal income tax return. grandfather contributed $2,000 to one of her Coverdell MAGI when using Form 1040A. If you file Form ESAs, no one else could contribute to any of her three 1040A, your MAGI is the AGI on line 22 of that form. accounts. Or, if her parents contributed $1,000 and her aunt $600, her grandfather or someone else could contrib- MAGI when using Form 1040. If you file Form 1040, ute no more than $400. These contributions could be put your MAGI is the AGI on line 38 of that form, modified by into any of Maria’s Coverdell ESA accounts. adding back any: Limit for each contributor. Generally, you can contribute 1. Foreign earned income exclusion, up to $2,000 for each designated beneficiary for 2011. This 2. Foreign housing exclusion, is the most you can contribute for the benefit of any one beneficiary for the year, regardless of the number of Cov- 3. Foreign housing deduction, erdell ESAs set up for the beneficiary. 4. Exclusion of income by bona fide residents of Ameri- can Samoa, and Example. The facts are the same as in the previous example except that Maria Luna’s older brother, Edgar, 5. Exclusion of income by bona fide residents of Puerto also has a Coverdell ESA. If their grandfather contributed Rico. $2,000 to Maria’s Coverdell ESA in 2011, he could also contribute $2,000 to Edgar’s Coverdell ESA. MAGI when using Form 1040NR. If you file Form 1040NR, your MAGI is the AGI on line 36 of that form. Reduced limit. Your contribution limit may be reduced. If your MAGI (defined on this page) is between $95,000 MAGI when using Form 1040NR-EZ. If you file Form and $110,000 (between $190,000 and $220,000 if filing a 1040NR-EZ, your MAGI is the AGI on line 10 of that form. joint return), the $2,000 limit for each designated benefi- If you have any of these adjustments, you can use ciary is gradually reduced (see Figuring the limit, later). If Worksheet 7-1. MAGI for a Coverdell ESA, later, to figure your MAGI is $110,000 or more ($220,000 or more if filing your MAGI for Form 1040. Chapter 7 Coverdell Education Savings Account (ESA) Page 47 |
Page 48 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. beneficiary, as shown in the illustrated Worksheet 7-2, Worksheet 7-1. MAGI for a Coverdell ESA Coverdell ESA Contribution Limit–Illustrated. Worksheet 7-2. Coverdell ESA Contribution 1. Enter your adjusted gross income Limit—Illustrated (Form 1040, line 38) ............... 1. 2. Enter your foreign earned income exclusion and/or 1. Maximum contribution .............. 1. $ 2,000 housing exclusion (Form 2555, line 45, or Form 2. Enter your modified adjusted gross 2555-EZ, line 18)....... 2. income (MAGI) for purposes of figuring the contribution limit to a Coverdell ESA (see 3. Enter your foreign housing definition or Worksheet 7-1, earlier) ..... 2. 96,500 deduction (Form 2555, line 50) ................. 3. 3. Enter $190,000 if married filing jointly; $95,000 for all other filers ............ 3. 95,000 4. Enter the amount of income from Puerto Rico 4. Subtract line 3 from line 2. If zero or less, you are excluding ...... 4. enter -0- on line 4, skip lines 5 through 7, and enter $2,000 on line 8 ........... 4. 1,500 5. Enter the amount of income from American 5. Enter $30,000 if married filing jointly; Samoa you are excluding $15,000 for all other filers ............ 5. 15,000 (Form 4563, line 15) .... 5. Note. If the amount on line 4 is greater than or equal to the amount on line 5, 6. Add lines 2, 3, 4, and 5 ............. 6. stop here. You are not allowed to 7. Add lines 1 and 6. This is your contribute to a Coverdell ESA for 2011. modified adjusted gross income ..... 7. 6. Divide line 4 by line 5 and enter the result as a decimal (rounded to at least 3 places) 6. .100 7. Multiply line 1 by line 6 .............. 7. 200 Figuring the limit. To figure the limit on the amount you 8. Subtract line 7 from line 1 ............ 8. 1,800 can contribute for each designated beneficiary, multiply Note: The total Coverdell ESA contributions from all sources for the $2,000 by a fraction. The numerator (top number) is your designated beneficiary during the tax year may not exceed $2,000. MAGI minus $95,000 ($190,000 if filing a joint return). The denominator (bottom number) is $15,000 ($30,000 if filing a joint return). Subtract the result from $2,000. This is the Additional Tax on amount you can contribute for each beneficiary. You can use Worksheet 7-2. Coverdell ESA Contribution Limit to Excess Contributions figure the limit on contributions. The beneficiary must pay a 6% excise tax each year on excess contributions that are in a Coverdell ESA at the end Worksheet 7-2. Coverdell ESA of the year. Excess contributions are the total of the follow- Contribution Limit ing two amounts. 1. Contributions to any designated beneficiary’s Cover- 1. Maximum contribution .............. 1. $ 2,000 dell ESA for the year that are more than $2,000 (or, if 2. Enter your modified adjusted gross less, the total of each contributor’s limit for the year, income (MAGI) for purposes of figuring the as discussed earlier). contribution limit to a Coverdell ESA (see definition or Worksheet 7-1, earlier) ..... 2. 2. Excess contributions for the preceding year, reduced by the total of the following two amounts: 3. Enter $190,000 if married filing jointly; $95,000 for all other filers ............ 3. a. Distributions (other than those rolled over as dis- 4. Subtract line 3 from line 2. If zero or less, cussed later) during the year, and enter -0- on line 4, skip lines 5 through 7,and enter $2,000 on line 8 ........... 4. b. The contribution limit for the current year minus the amount contributed for the current year. 5. Enter $30,000 if married filing jointly; $15,000 for all other filers ............ 5. Note. If the amount on line 4 is greater Exceptions. The excise tax does not apply if excess con- than or equal to the amount on line 5, tributions made during 2011 (and any earnings on them) stop here. You are not allowed to are distributed before the first day of the sixth month of the contribute to a Coverdell ESA for 2011. following tax year (June 1, 2012, for a calendar year 6. Divide line 4 by line 5 and enter the result taxpayer). as a decimal (rounded to at least 3 places) 6. . However, you must include the distributed earnings in 7. Multiply line 1 by line 6 .............. 7. gross income for the year in which the excess contribution was made. You should receive Form 1099-Q, Payments 8. Subtract line 7 from line 1 ............ 8. From Qualified Education Programs, from each institution Note: The total Coverdell ESA contributions from all sources for the from which excess contributions were distributed. Box 2 of designated beneficiary during the tax year may not exceed $2,000. that form will show the amount of earnings on your excess contributions. Code “2” or “3” entered in the blank box below boxes 5 and 6 indicate the year in which the earn- Example. Paul, who is single, had a MAGI of $96,500 ings are taxable. See Instructions for Recipient on the back for 2011. Paul can contribute up to $1,800 in 2011 for each of copy B of your Form 1099-Q. Enter the amount of Page 48 Chapter 7 Coverdell Education Savings Account (ESA) |
Page 49 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. earnings on line 21 of Form 1040 (or Form 1040NR) for the 2. Brother, sister, stepbrother, or stepsister. applicable tax year. For more information, see Taxable 3. Father or mother or ancestor of either. Distributions, later. The excise tax does not apply to any rollover contribu- 4. Stepfather or stepmother. tion. 5. Son or daughter of a brother or sister. Note. Contributions made in one year for the preceding 6. Brother or sister of father or mother. tax year are considered to have been made on the last day 7. Son-in-law, daughter-in-law, father-in-law, of the preceding year. mother-in-law, brother-in-law, or sister-in-law. Example. In 2010, Greta’s parents and grandparents 8. The spouse of any individual listed above. contributed a total of $2,300 to Greta’s Coverdell ESA— 9. First cousin. an excess contribution of $300. Because Greta did not withdraw the excess before June 1, 2011, she had to pay an additional tax of $18 (6% $300)× when she filed her Example. When Aaron graduated from college last 2010 tax return. year he had $5,000 left in his Coverdell ESA. He wanted to In 2011, excess contributions of $500 were made to give this money to his younger sister, who was still in high Greta’s account, however, she withdrew $250 from that school. In order to avoid paying tax on the distribution of account to use for qualified education expenses. Using the the amount remaining in his account, Aaron contributed steps shown earlier under Additional Tax on Excess Con- the same amount to his sister’s Coverdell ESA within 60 tributions, Greta figures the excess contribution in her days of the distribution. account at the end of 2011 as follows. Only one rollover per Coverdell ESA is allowed (1) $500 excess contributions made ! during the 12-month period ending on the date of in 2011 CAUTION the payment or distribution. This rule does not + (2) $300 excess contributions in apply to the rollover of a military death gratuity or payment ESA at end of 2010 from Servicemembers’ Group Life Insurance (SGLI). - (2a) $250 distribution during 2011 Military death gratuity. If you received a military death gratuity or a payment from Servicemembers’ Group Life $550 excess at end of 2011 × 6% = $33 Insurance (SGLI), you may roll over all or part of the amount received to one or more Coverdell ESAs for the If Greta limits 2012 contributions to $1,450 ($2,000 maxi- benefit of members of the beneficiary’s family (see Mem- mum allowed -$550 excess contributions from 2011), she bers of the beneficiary’s family, earlier). Such payments will not owe any additional tax in 2012 for excess contribu- are made to an eligible survivor upon the death of a tions. member of the armed forces. The contribution to a Cover- dell ESA from survivor benefits received cannot be made Figuring and reporting the additional tax. You figure later than 1 year after the date on which you receive the this excise tax in Part V of Form 5329. Report the addi- gratuity or SGLI payment. tional tax on Form 1040, line 58 (or Form 1040NR, line 56). This rollover contribution is not subject to (but is in addition to) the contribution limits discussed earlier under Contribution Limits. The amount you roll over cannot ex- Rollovers and Other Transfers ceed the total survivor benefits you received, reduced by contributions from these benefits to a Roth IRA or other Assets can be rolled over from one Coverdell ESA to another or the designated beneficiary can be changed. Coverdell ESAs. The beneficiary’s interest can be transferred to a spouse or The amount contributed from the survivor benefits is former spouse because of divorce. treated as part of your basis (cost) in the Coverdell ESA, and will not be taxed when distributed. See Distributions, Rollovers later. The limit of one rollover per Coverdell ESA during Any amount distributed from a Coverdell ESA is not tax- ! a 12-month period does not apply to a military able if it is rolled over to another Coverdell ESA for the CAUTION death gratuity or SGLI payment. benefit of the same beneficiary or a member of the benefi- ciary’s family (including the beneficiary’s spouse) who is under age 30. This age limitation does not apply if the new beneficiary is a special needs beneficiary. Changing the Designated Beneficiary An amount is rolled over if it is paid to another Coverdell The designated beneficiary can be changed. See Mem- ESA within 60 days after the date of the distribution. bers of the beneficiary’s family, earlier. There are no tax Do not report qualifying rollovers (those that meet the consequences if, at the time of the change, the new benefi- above criteria) anywhere on Form 1040 or 1040NR. These ciary is under age 30 or is a special needs beneficiary. are not taxable distributions. Example. Assume the same situation for Aaron as in Members of the beneficiary’s family. For these pur- the last example (see Rollovers, earlier). Instead of closing poses, the beneficiary’s family includes the beneficiary’s spouse and the following other relatives of the beneficiary. his Coverdell ESA and paying the distribution into his sister’s Coverdell ESA, Aaron could have instructed the 1. Son, daughter, stepchild, foster child, adopted child, trustee of his account to simply change the name of the or a descendant of any of them. beneficiary on his account to that of his sister. Chapter 7 Coverdell Education Savings Account (ESA) Page 49 |
Page 50 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Transfer Because of Divorce • Pell grants (see Pell Grants and Other Title IV Need-Based Education Grants in chapter 1, Scholar- If a spouse or former spouse receives a Coverdell ESA ships, Fellowships, Grants, and Tuition Reductions), under a divorce or separation instrument, it is not a taxable • Employer-provided educational assistance (see transfer. After the transfer, the spouse or former spouse chapter 11, Employer-Provided Educational Assis- treats the Coverdell ESA as his or her own. tance), and Example. In their divorce settlement, Peg received her • Any other nontaxable (tax-free) payments (other ex-husband’s Coverdell ESA. In this process, the account than gifts or inheritances) received as educational was transferred into her name. Peg now treats the funds in assistance. this Coverdell ESA as if she were the original owner. The amount you get by subtracting tax-free educational assistance from your total qualified education expenses is your adjusted qualified education expenses. Distributions Tax-Free Distributions The designated beneficiary of a Coverdell ESA can take a distribution at any time. Whether the distributions are tax Generally, distributions are tax free if they are not more free depends, in part, on whether the distributions are than the beneficiary’s adjusted qualified education ex- equal to or less than the amount of Adjusted qualified penses for the year. Do not report tax-free distributions education expenses (defined later) that the beneficiary has (including qualifying rollovers) on your tax return. in the same tax year. See Table 7-3, Coverdell ESA Distributions at a Glance, Taxable Distributions for highlights. A portion of the distributions is generally taxable to the Table 7-3. Coverdell ESA Distributions beneficiary if the total distributions are more than the bene- at a Glance ficiary’s adjusted qualified education expenses for the year. Do not rely on this table alone. It provides only general highlights. See the text for definitions of terms in bold type and for more complete Excess distribution. This is the part of the total distribu- explanations. tion that is more than the beneficiary’s adjusted qualified education expenses 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 distrib- Coverdell ESA to pay for a the amount of the distribution uted in 2011. The amount of your gross distribution will be designated beneficiary’s is not more than the qualified education expenses designated beneficiary’s shown in box 1. For 2011, instead of dividing the gross tax free? adjusted qualified education distribution between your earnings (box 2) and your basis expenses. (already-taxed amount) (box 3), the payer or trustee may report the fair market value (account balance) of the Cov- Afterbeneficiarythe designatedcompletes his or Yes.distributedAmountswhenmustthe be erdell ESA as of December 31, 2011. This will be shown in her education at an eligible designated beneficiary the blank box below boxes 5 and 6. educational institution, can reaches age 30, unless he or The amount contributed from survivor benefits (see amounts remaining in the she is a special needs Military death gratuity, earlier) is treated as part of your Coverdell ESA be distributed? beneficiary. Also, certain basis and will not be taxed when distributed. transfers to members of the beneficiary’s family are permitted. Figuring the Taxable Does the designated No. Portion of a Distribution beneficiary need to be enrolled for a minimum The taxable portion is the amount of the excess distribution number of courses to take a that represents earnings that have accumulated tax free in tax-free distribution? the account. Figure the taxable portion for 2011 as shown in the following steps. 1. Multiply the total amount distributed by a fraction. Adjusted qualified education expenses. To determine The numerator is the basis (contributions not previ- if total distributions for the year are more than the amount ously distributed) at the end of 2010 plus total contri- of qualified education expenses, reduce total qualified ed- butions for 2011 and the denominator is the value ucation expenses by any tax-free educational assistance. (balance) of the account at the end of 2011 plus the Tax-free educational assistance includes: amount distributed during 2011. • The tax-free part of scholarships and fellowships 2. Subtract the amount figured in (1) from the total (see Tax-Free Scholarships and Fellowships in amount distributed during 2011. The result is the chapter 1, Scholarships, Fellowships, Grants, and amount of earnings included in the distribution(s). Tuition Reductions), 3. Multiply the amount of earnings figured in (2) by a • Veterans’ educational assistance (see Veterans’ fraction. The numerator is the adjusted qualified edu- Benefits in chapter 1, Scholarships, Fellowships, cation expenses paid during 2011 and the denomina- Grants, and Tuition Reductions), tor is the total amount distributed during 2011. Page 50 Chapter 7 Coverdell Education Savings Account (ESA) |
Page 51 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 4. Subtract the amount figured in (3) from the amount Before Derek can determine the taxable portion of his figured in (2). The result is the amount the benefi- Coverdell ESA distribution, he must reduce his total quali- ciary must include in income. fied higher education expenses. The taxable amount must be reported on Form 1040 or Total qualified higher education expenses $5,800 Form 1040NR, line 21. Minus: Tax-free educational assistance -1,500 Minus: Expenses taken into account in Example. You received an $850 distribution from your figuring American opportunity credit -4,000 Coverdell ESA, to which $1,500 had been contributed Equals: Adjusted qualified higher education before 2011. There were no contributions in 2011. This is expenses (AQHEE) $ 300 your first distribution from the account, so your basis in the account on December 31, 2010, was $1,500. The value Since the adjusted qualified higher education expenses (balance) of your account on December 31, 2011, was ($300) are less than the Coverdell ESA distribution $950. You had $700 of adjusted qualified education ex- ($1,000), part of the distribution will be taxable. The bal- penses (AQEE) for the year. Using the steps in Figuring ance in Derek’s account was $1,800 on December 31, the Taxable Portion of a Distribution, earlier, figure the 2011. Prior to 2011, $2,100 had been contributed to this taxable portion of your distribution as follows. account. Contributions for 2011 totaled $400. Using the 1. $850 (distribution) × $1,500$950 valuebasis++$850$0 contributionsdistribution tionfourofstepshis distributionoutlined earlier,as shownDerekbelow.figures the taxable por- = $708 (basis portion of distribution) 1. $1,000 (distribution) × $1,800$2,100valuebasis ++$400$1,000contributionsdistribution 2. $850 (distribution) - $708 (basis portion of distribution) = $893 (basis portion of distribution) = $142 (earnings included in distribution) 2. $1,000 (distribution) - $893 (basis portion of distribution) 3. $142 (earnings) × $850$700distributionAQEE = $107 (earnings included in distribution) = $117 (tax-free earnings) 3. $107 (earnings) × $1,000 $300distributionAQHEE 4. $142 (earnings) - $117 (tax-free earnings) = $25 (taxable = $32 (tax-free earnings) earnings) 4. $107 (earnings) - $32 (tax-free earnings) = $75 (taxable You must include $25 in income as distributed earnings not earnings) used for qualified education expenses. Report this amount on Form 1040, line 21, listing the type and amount of Derek must include $75 in income (Form 1040, line 21). income on the dotted line. This is the amount of distributed earnings not used for Worksheet 7-3, Coverdell ESA–Taxable Distributions adjusted qualified higher education expenses. and Basis, at the end of this chapter, can help you figure your adjusted qualified education expenses, how much of your distribution must be included in income, and the Coordination With Qualified Tuition remaining basis in your Coverdell ESA(s). Program (QTP) Distributions If a designated beneficiary receives distributions from both Coordination With American Opportunity a Coverdell ESA and a QTP in the same year, and the total and Lifetime Learning Credits distribution is more than the beneficiary’s adjusted quali- fied higher education expenses, those expenses must be The American opportunity or lifetime learning credit can be allocated between the distribution from the Coverdell ESA claimed in the same year the beneficiary takes a tax-free and the distribution from the QTP before figuring how distribution from a Coverdell ESA, as long as the same much of each distribution is taxable. The following two expenses are not used for both benefits. This means the examples illustrate possible allocations. beneficiary must reduce qualified higher education ex- penses by tax-free educational assistance, and then fur- Example 1. In 2011, Beatrice graduated from high ther reduce them by any expenses taken into account in school and began her first semester of college. That year, determining an American opportunity or lifetime learning she had $1,000 of qualified elementary and secondary credit. education expenses (QESEE) for high school and $3,000 of qualified higher education expenses (QHEE) for college. Example. Derek Green had $5,800 of qualified higher To pay these expenses, Beatrice withdrew $800 from her education expenses for 2011, his first year in college. He Coverdell ESA and $4,200 from her QTP. No one claimed paid his college expenses from the following sources. Beatrice as a dependent, nor was she eligible for an education credit. She did not receive any tax-free educa- Partial tuition scholarship (tax free) $1,500 tional assistance in 2011. Beatrice must allocate her total GiftCoverdellfrom parentsESA distribution 1,0002,100 qualified education expenses between the two distribu- Earnings from part-time job 1,200 tions. 1. Beatrice knows that tax-free treatment will be avail- Of his $5,800 of qualified higher education expenses, able if she applies her $800 Coverdell ESA distribu- $4,000 was tuition and related expenses that also qualified tion toward her $1,000 of qualified education for an American opportunity credit. Derek’s parents expenses for high school. The qualified expenses claimed a $2,500 American opportunity credit (based on are greater than the distribution, making the $800 $4,000 expenses) on their tax return. Coverdell ESA distribution tax free. Chapter 7 Coverdell Education Savings Account (ESA) Page 51 |
Page 52 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 2. Next, Beatrice matches her $4,200 QTP distribution If you have distributions from more than one Coverdell to her $3,000 of QHEE, and finds she has an excess ESA account during a year, you must combine the informa- QTP distribution of $1,200 ($4,200 QTP -$3,000 tion (amount of distribution, basis, etc.) from all such ac- QHEE). She cannot use the extra $200 of high counts in order to determine your taxable earnings for the school expenses (from (1) above) against the QTP year. By doing this, the loss from one ESA account distribution because those expenses do not qualify a reduces the distributed earnings (if any) from any other QTP for tax-free treatment. ESA account. For examples of the calculation, see Losses on QTP Investments in chapter 8, Qualified Tuition Pro- 3. Finally, Beatrice figures the taxable and tax-free por- gram. tions of her QTP distribution based on her $3,000 of QHEE. (See Figuring the Taxable Portion of a Distri- bution in chapter 8, Qualified Tuition Program for Additional Tax on Taxable Distributions more information.) Generally, if you receive a taxable distribution, you also must pay a 10% additional tax on the amount included in Example 2. Assume the same facts as in Example 1, income. except that Beatrice withdrew $1,800 from her Coverdell ESA and $3,200 from her QTP. In this case, she allocates Exceptions. The 10% additional tax does not apply to her qualified education expenses as follows. distributions: 1. Using the same reasoning as in Example 1, Beatrice 1. Paid to a beneficiary (or to the estate of the desig- matches $1,000 of her Coverdell ESA distribution to nated beneficiary) on or after the death of the desig- her $1,000 of QESEE—she has $800 of her distribu- nated beneficiary. tion remaining. 2. Made because the designated beneficiary is dis- 2. Because higher education expenses can also qualify a abled. A person is considered to be disabled if he or Coverdell ESA distribution for tax-free treatment, Bea- she shows proof that he or she cannot do any sub- trice allocates her $3,000 of QHEE between the re- stantial gainful activity because of his or her physical or mental condition. A physician must determine that maining $800 Coverdell ESA and the $3,200 QTP his or her condition can be expected to result in distributions ($4,000 total). death or to be of long-continued and indefinite dura- tion. $3,000QHEE × $4,000$800 ESAtotaldistributiondistribution = QHEE$600(ESA) 3. Includedciary received:in income because the designated benefi- a. A tax-free scholarship or fellowship (see Tax-Free Scholarships and Fellowships in chapter 1, Schol- $3,000QHEE × $3,200$4,000QTPtotaldistributiondistribution= QHEE$2,400(QTP) arships,tions),Fellowships, Grants, and Tuition Reduc- 3. Beatrice then figures the taxable part of her: b. Veterans’ educational assistance (see Veterans’ Benefits in chapter 1, Scholarships, Fellowships, a. Coverdell ESA distribution based on qualified ed- Grants, and Tuition Reductions), ucation expenses of $1,600 ($1,000 QESEE + c. Employer-provided educational assistance (see $600 QHEE). See Figuring the Taxable Portion of chapter 11, Employer-Provided Educational As- a Distribution, earlier, in this chapter. sistance), or b. QTP distribution based on her $2,400 of QHEE d. Any other nontaxable (tax-free) payments (other (see Figuring the Taxable Portion of a Distribution than gifts or inheritances) received as educational in chapter 8, Qualified Tuition Program). assistance. The above examples show two types of allocation 4. Made on account of the attendance of the desig- TIP between distributions from a Coverdell ESA and nated beneficiary at a U.S. military academy (such a QTP. However, you do not have to allocate your as the USMA at West Point). This exception applies expenses in the same way. You can use any reasonable only to the extent that the amount of the distribution method. does not exceed the costs of advanced education (as defined in section 2005(d)(3) of title 10 of the U.S. Code) attributable to such attendance. Losses on Coverdell ESA Investments 5. Included in income only because the qualified educa- tion expenses were taken into account in determining If you have a loss on your investment in a Coverdell ESA, the American opportunity or lifetime learning credit you may be able to deduct the loss on your income tax (see Coordination With American Opportunity and return. You can deduct the loss only when all amounts Lifetime Learning Credits, earlier). from that account have been distributed and the total distributions are less than your unrecovered basis. Your 6. Made before June 1, 2012, of an excess 2011 contri- basis is the total amount of contributions to that Coverdell bution (and any earnings on it). The distributed earn- ESA. You claim the loss as a miscellaneous itemized ings must be included in gross income for the year in deduction on Schedule A (Form 1040), line 23 (Schedule A which the excess contribution was made. (Form 1040NR), line 9), subject to the 2%-of-adjusted- Exception (3) applies only to the extent the distribution is gross-income limit. not more than the scholarship, allowance, or payment. Page 52 Chapter 7 Coverdell Education Savings Account (ESA) |
Page 53 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Figuring the additional tax. Use Part II of Form 5329, to 30. This age limitation does not apply if the new beneficiary figure any additional tax. Report the amount on Form 1040, is a special needs beneficiary. There are no tax conse- line 58, or Form 1040NR, line 56. quences as a result of the transfer. 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 1. The designated beneficiary reaches age 30. In this accumulated tax free in the account must be included in case, the remaining assets must be distributed within taxable income. You determine these earnings as shown 30 days after the beneficiary reaches age 30. How- in the following two steps. ever, this rule does not apply if the beneficiary is a 1. Multiply the amount distributed by a fraction. The special needs beneficiary. numerator is the basis (contributions not previously 2. The designated beneficiary dies before reaching age distributed) at the end of 2010 plus total contributions 30. In this case, the remaining assets must generally for 2011 and the denominator is the balance in the be distributed within 30 days after the date of death. account at the end of 2011 plus the amount distrib- uted during 2011. 2. Subtract the amount figured in (1) from the total Exception for Transfer to amount distributed during 2011. The result is the Surviving Spouse or Family Member amount of earnings included in the distribution. If a Coverdell ESA is transferred to a surviving spouse or For an example, see steps (1) and (2) of the Example other family member as the result of the death of the under Figuring the Taxable Portion of a Distribution, ear- designated beneficiary, the Coverdell ESA retains its sta- lier. tus. (“Family member” was defined earlier under Rollo- The beneficiary or other person receiving the distribu- vers.) This means the spouse or other family member can tion must report this amount on Form 1040, line 21, or treat the Coverdell ESA as his or her own and does not Form 1040NR, line 21, listing the type and amount of need to withdraw the assets until he or she reaches age income on the dotted line. Worksheet 7-3 Instructions. Coverdell ESA—Taxable Distributions and Basis Line G. Enter the total distributions received from all Coverdell ESAs during 2011. Do not include amounts rolled over to another ESA within 60 days (only one rollover is allowed during any 12-month period). Also, do not 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, 2010, is the total of: • All contributions to this Coverdell ESA before 2011 • Minus the tax-free portion of any distributions from this Coverdell ESA before 2011. If your last distribution from this Coverdell ESA was before 2011, 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 Publication 970 for that year. You can determine your basis in this Coverdell ESA as of December 31, 2010, 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 2011. Line 4. Enter the total distributions received from this Coverdell ESA in 2011. Do not include amounts rolled over to another Coverdell ESA within 60 days (only one rollover is allowed during any 12-month period). Also, do not 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, 2011, plus any outstanding rollovers contributed to the account after 2010, but before the end of the 60-day rollover period. A statement should be sent to you by January 31, 2012, for this Coverdell ESA showing the value on December 31, 2011. 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 2011 (November 2 through December 31) that was rolled over after December 31, 2011, but within the 60-day rollover period. Chapter 7 Coverdell Education Savings Account (ESA) Page 53 |
Page 54 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet 7-3. 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. Part I. Qualified Education Expenses (Complete for total expenses) A. Enter your total qualified education expenses for 2011 ..................................... 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 or C-EZ (Form 1040). Schedule F (Form 1040), or as a miscellaneous itemized deduction on Schedule A (Form 1040 or 1040NR) .................. 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 ............................................................ D. F. Subtract line Efrom line A. This is your adjusted qualified education expense for 2011 ................ E. G. Enter your total distributions from all Coverdell ESAs during 2011. Do not include rollovers or the return of excess contributions (see instructions) ...................................... F. 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 .................................................. G. . Part II. Taxable Distributions and Basis (Complete separately for each account) 1. Enter the amount contributed to this Coverdell ESA for 2011, including contributions made for 2011 from January 1, 2012, through April 15, 2012. Do not include rollovers or the return of excess contributions ..... 1. 2. Enter your basis in this Coverdell ESA as of December 31, 2010 (see instructions) .................. 2. 3. Add lines 1 and 2 .............................................................. 3. 4. Enter the total distributions from this Coverdell ESA during 2011. Do not include rollovers or the return of excess contributions (see instructions) ...................................... 4. 5. Multiply line 4 by line H. This is the amount of adjusted qualified education expense 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, 2011, 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 2011 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, 2011 ......... 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 Form 1040, line 21, or Form 1040NR, line 21, listing the type and amount of income on the dotted line ................................................................... 16. Page 54 Chapter 7 Coverdell Education Savings Account (ESA) |
Page 55 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 2. Expenses for special needs services needed by a special needs beneficiary must be incurred in con- 8. nection with enrollment or attendance at an eligible educational institution. 3. Expenses for room and board must be incurred by Qualified Tuition students who are enrolled at least half-time. The ex- pense for room and board qualifies only to the extent Program (QTP) that it is not more than the greater of the following two amounts. Introduction a. The allowance for room and board, as determined by the eligible educational institution, that was in- Qualified tuition programs (QTPs) are also called “529 cluded in the cost of attendance (for federal finan- plans.” cial aid purposes) for a particular academic period States may establish and maintain programs that allow and living arrangement of the student. you to either prepay or contribute to an account for paying a student’s qualified education expenses at a postsecon- b. The actual amount charged if the student is resid- dary institution. Eligible educational institutions may estab- ing in housing owned or operated by the eligible lish and maintain programs that allow you to prepay a educational institution. student’s qualified education expenses. If you prepay tui- tion, the student (designated beneficiary) will be entitled to You will need to contact the eligible educational institu- a waiver or a payment of qualified education expenses. tion for qualified room and board costs. You cannot deduct either payments or contributions to a Designated beneficiary. The designated beneficiary is QTP. For information on a specific QTP, you will need to generally the student (or future student) for whom the QTP contact the state agency or eligible educational institution is intended to provide benefits. The designated beneficiary that established and maintains it. can be changed after participation in the QTP begins. If a state or local government or certain tax-exempt organiza- What is the tax benefit of a QTP. No tax is due on a tions purchase an interest in a QTP as part of a scholarship distribution from a QTP unless the amount distributed is program, the designated beneficiary is the person who greater than the beneficiary’s adjusted qualified education receives the interest as a scholarship. expenses. See Are Distributions Taxable, later, for more information. Half-time student. A student is enrolled “at least half-time” if he or she is enrolled for at least half the Even if a QTP is used to finance a student’s full-time academic workload for the course of study the TIP education, the student or the student’s parents student is pursuing, as determined under the standards of still may be eligible to claim the American oppor- the school where the student is enrolled. tunity credit or the lifetime learning credit. See Coordina- tion With American Opportunity and Lifetime Learning Eligible educational institution. For purposes of a QTP, Credits, later. this is any college, university, vocational school, or other postsecondary educational institution eligible to participate in a student aid program administered by the U.S. Depart- ment of Education. It includes virtually all accredited public, What Is a Qualified nonprofit, and proprietary (privately owned profit-making) postsecondary institutions. The educational institution Tuition Program should be able to tell you if it is an eligible educational institution. A qualified tuition program is a program set up to allow you Certain educational institutions located outside the to either prepay, or contribute to an account established for United States also participate in the U.S. Department of paying, a student’s qualified education expenses at an Education’s Federal Student Aid (FSA) programs. eligible educational institution. QTPs can be established and maintained by states (or agencies or instrumentalities of a state) and eligible educational institutions. The pro- gram must meet certain requirements. Your state govern- How Much Can You Contribute ment or the eligible educational institution in which you are interested can tell you whether or not they participate in a Contributions to a QTP on behalf of any beneficiary cannot QTP. be more than the amount necessary to provide for the qualified education expenses of the beneficiary. There are Qualified education expenses. These are expenses re- no income restrictions on the individual contributors. lated to enrollment or attendance at an Eligible educational You can contribute to both a QTP and a Coverdell ESA institution (defined later). As shown in the following list, to in the same year for the same designated beneficiary. be qualified, some of the expenses must be required by the institution and some must be incurred by students who are enrolled at least half-time. See Half-time student, later. Are Distributions Taxable 1. The following expenses must be required for enroll- The part of a distribution representing the amount paid or ment or attendance of a Designated beneficiary (de- contributed to a QTP does not have to be included in fined later) at an eligible educational institution. income. This is a return of the investment in the plan. The designated beneficiary generally does not have to a. Tuition and fees. include in income any earnings distributed from a QTP if b. Books, supplies, and equipment. the total distribution is less than or equal to adjusted Chapter 8 Qualified Tuition Program (QTP) Page 55 |
Page 56 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. qualified education expenses (defined under Figuring the Before Sara can determine the taxable part of her QTP Taxable Portion of a Distribution, later). distribution, she must reduce her total qualified education expenses by any tax-free educational assistance. Earnings and return of investment. You will receive a Form 1099-Q, from each of the programs from which you Total qualified education expenses $8,300 received a QTP distribution in 2011. The amount of your Minus: Tax-free educational assistance -3,100 gross distribution (box 1) shown on each form will be Equals: Adjusted qualified divided between your earnings (box 2) and your basis, or education expenses (AQEE) $5,200 return of investment (box 3). Form 1099-Q should be sent Since the remaining expenses ($5,200) are less than the to you by January 31, 2012. QTP distribution, part of the earnings will be taxable. Sara’s Form 1099-Q shows that $950 of the QTP distri- Figuring the Taxable bution is earnings. Sara figures the taxable part of the distributed earnings as follows. Portion of a Distribution To determine if total distributions for the year are more or 1. $950 (earnings) × $5,300$5,200distributionAQEE less than the amount of qualified education expenses, you = $932 (tax-free earnings) must compare the total of all QTP distributions for the tax year to the adjusted qualified education expenses. 2. $950 (earnings) - $932 (tax-free earnings) Adjusted qualified education expenses. This amount is = $18 (taxable earnings) the total qualified education expenses reduced by any Sara must include $18 in income (Form 1040, line 21) as tax-free educational assistance. Tax-free educational as- distributed QTP earnings not used for adjusted qualified sistance includes: education expenses. • The tax-free part of scholarships and fellowships (see Tax-Free Scholarships and Fellowships in Coordination With American Opportunity chapter 1, Scholarships, Fellowships, Grants, and Tuition Reductions), and Lifetime Learning Credits • Veterans’ educational assistance (see Veterans’ An American opportunity or lifetime learning credit (educa- Benefits in chapter 1, Scholarships, Fellowships, tion credit) can be claimed in the same year the beneficiary Grants, and Tuition Reductions), takes a tax-free distribution from a QTP, as long as the same expenses are not used for both benefits. This means • Pell grants (see Pell Grants and Other Title IV that after the beneficiary reduces qualified education ex- Need-Based Education Grants in chapter 1, Scholar- penses by tax-free educational assistance, he or she must ships, Fellowships, Grants, and Tuition Reductions), further reduce them by the expenses taken into account in • Employer-provided educational assistance (see determining the credit. chapter 11, Employer-Provided Educational Assis- tance), and Example 2. Assume the same facts as in Example 1, except that Sara’s parents claimed an American opportu- • Any other nontaxable (tax-free) payments (other nity credit of $2,500 (based on $4,000 expenses). than gifts or inheritances) received as educational assistance. Total qualified education expenses $8,300 Minus: Tax-free educational assistance -3,100 Minus: Expenses taken into account Taxable earnings. Use the following steps to figure the in figuring American opportunity credit -4,000 taxable part. Equals: Adjusted qualified education expenses (AQEE) $1,200 1. Multiply the total distributed earnings shown in box 2 of Form 1099-Q by a fraction. The numerator is the The taxable part of the distribution is figured as follows. adjusted qualified education expenses paid during distributedthe year andduringthe denominatorthe year. is the total amount 1. $950 (earnings) × $5,300$1,200distributionAQEE = $215 (tax-free earnings) 2. Subtract the amount figured in (1) from the total dis- tributed earnings. The result is the amount the bene- 2. $950 (earnings) - $215 (tax-free earnings) ficiary must include in income. Report it on Form 1040 or Form 1040NR, line 21. = $735 (taxable earnings) Example 1. In 2005, Sara Clarke’s parents opened a Sara must include $735 in income (Form 1040, line 21). savings account for her with a QTP maintained by their This represents distributed earnings not used for adjusted state government. Over the years they contributed qualified education expenses. $18,000 to the account. The total balance in the account was $27,000 on the date the distribution was made. In the Coordination With Coverdell summer of 2011, Sara enrolled in college and had $8,300 of qualified education expenses for the rest of the year. ESA Distributions She paid her college expenses from the following sources. If a designated beneficiary receives distributions from both Gift from parents $1,600 a QTP and a Coverdell ESA in the same year, and the total Partial tuition scholarship (tax-free) 3,100 of these distributions is more than the beneficiary’s ad- QTP distribution 5,300 justed qualified higher education expenses, the expenses must be allocated between the distributions. For purposes Page 56 Chapter 8 Qualified Tuition Program (QTP) |
Page 57 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. of this allocation, disregard any qualified elementary and They have taxable earnings of $667. This is figured as secondary education expenses. follows. Example 3. Assume the same facts as in Example 2 , 1. $1,000 (earnings) × $6,000$2,000distributionAQEE except that instead of receiving a $5,300 distribution from = $333 (tax-free earnings) her QTP, Sara received $4,600 from that account and $700 from her Coverdell ESA. In this case, Sara must 2. $1,000 (earnings) - $333 (tax-free earnings) allocate her $1,200 of adjusted qualified higher education = $667 (taxable earnings) expenses (AQHEE) between the two distributions. AQHEE$1,200 × $5,300$700 ESAtotaldistributiondistribution = AQHEE$158(ESA) Losses on QTP Investments AQHEE$1,200 × $4,600$5,300QTPtotaldistributiondistribution= AQHEE$1,042(QTP) If you have a loss on your investment in a QTP account, you may be able to take the loss on your income tax return. Sara then figures the taxable portion of her Coverdell You can take the loss only when all amounts from that ESA distribution based on qualified higher education ex- account have been distributed and the total distributions penses of $158, and the taxable portion of her QTP distri- are less than your unrecovered basis. Your basis is the total amount of contributions to that QTP account. You bution based on the other $1,042. claim the loss as a miscellaneous itemized deduction on Schedule A (Form 1040), line 23 (Schedule A (Form Note. If you are required to allocate your expenses 1040NR), line 9), subject to the 2%-of-adjusted- between Coverdell ESA and QTP distributions, and you gross-income limit. have adjusted qualified elementary and secondary educa- If you have distributions from more than one QTP ac- tion expenses, see the examples in chapter 7, Coverdell count during a year, you must combine the information Education Savings Account under Coordination With Qual- (amount of distribution, basis, etc.) from all such accounts ified Tuition Program (QTP) Distributions. in order to determine your taxable earnings for the year. By doing this, the loss from one QTP account reduces the distributed earnings (if any) from any other QTP accounts. Coordination With Tuition and Fees Deduction Example 1. In 2011, Taylor received a final distribution of $1,000 from QTP #1. His unrecovered basis in that A tuition and fees deduction can be claimed in the same account before the distribution was $3,000. If Taylor item- year the beneficiary takes a tax-free distribution from a izes his deductions, he can claim the $2,000 loss on QTP, as long as the same expenses are not used for both Schedule A (Form 1040). benefits. This means that after the beneficiary reduces qualified education expenses by tax-free educational as- Example 2. Assume the same facts as in Example 1, sistance, he or she must further reduce them by the ex- except that Taylor also had a distribution of $9,000 from penses taken into account in determining the deduction. QTP #2, giving him total distributions for 2011 of $10,000. His total basis in these distributions was $4,500 ($3,000 for Example 4. In 2006, Devin Smith’s parents opened a QTP #1 and $1,500 for QTP #2). Taylor’s adjusted quali- savings account for him with a QTP maintained by their fied education expenses for 2011 totaled $6,000. In order state government. Over the years they contributed to figure his taxable earnings, Taylor combines the two $30,000 to the account. The total balance in the account accounts and determines his taxable earnings as follows. was $35,000 on the date the distribution was made. In the summer of 2011, Devin enrolled in college and had $6,000 1. $10,000 (total distribution) - $4,500 (basis portion of distribution) of qualified education expenses ($2,000 room and board = $5,500 (earnings included in distribution) and $4,000 tuition and fees) for the rest of the year. He $1,000paid hisofcollegewhichexpensesis earnings.from a $6,000 QTP distribution, 2. $5,500 (earnings) x $10,000 $6,000distributionAQEE The Smiths claim a $4,000 tuition and fees deduction = $3,300 (tax-free earnings) based on the $4,000 tuition expense, and used the $2,000 room and board expenses to reduce the taxable amount of 3. $5,500 (earnings) - $3,300 (tax-free earnings) distributed earnings from the QTP. = $2,200 (taxable earnings) Total qualified education expenses $6,000 Taylor must include $2,200 in income on Form 1040, line Minus: Expenses taken into account in figuring 21. Because Taylor’s accounts must be combined, he Equals: Adjusted qualified tuition and fees deduction -4,000 cannot deduct his $2,000 loss (QTP #1) on Schedule A education expenses (AQEE) $2,000 (Form 1040). Instead, the $2,000 loss reduces the total earnings that were distributed, thereby reducing his tax- able earnings. Chapter 8 Qualified Tuition Program (QTP) Page 57 |
Page 58 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Additional Tax on Rollovers Taxable Distributions Any amount distributed from a QTP is not taxable if it is Generally, if you receive a taxable distribution, you also rolled over to another QTP for the benefit of the same must pay a 10% additional tax on the amount included in beneficiary or for the benefit of a member of the benefi- income. ciary’s family (including the beneficiary’s spouse). An amount is rolled over if it is paid to another QTP within 60 Exceptions. The 10% additional tax does not apply to days after the date of the distribution. distributions: Do not report qualifying rollovers (those that meet the above criteria) anywhere on Form 1040 or 1040NR. These 1. Paid to a beneficiary (or to the estate of the desig- are not taxable distributions. nated beneficiary) on or after the death of the desig- nated beneficiary. Members of the beneficiary’s family. For these pur- poses, the beneficiary’s family includes the beneficiary’s 2. Made because the designated beneficiary is dis- spouse and the following other relatives of the beneficiary. abled. A person is considered to be disabled if he or she shows proof that he or she cannot do any sub- 1. Son, daughter, stepchild, foster child, adopted child, stantial gainful activity because of his or her physical or a descendant of any of them. or mental condition. A physician must determine that his or her condition can be expected to result in 2. Brother, sister, stepbrother, or stepsister. death or to be of long-continued and indefinite dura- 3. Father or mother or ancestor of either. tion. 4. Stepfather or stepmother. 3. Included in income because the designated benefi- ciary received: 5. Son or daughter of a brother or sister. 6. Brother or sister of father or mother. a. A tax-free scholarship or fellowship (see Tax-Free Scholarships and Fellowships in chapter 1, Schol- 7. Son-in-law, daughter-in-law, father-in-law, arships, Fellowships, Grants, and Tuition Reduc- mother-in-law, brother-in-law, or sister-in-law. tions), 8. The spouse of any individual listed above. b. Veterans’ educational assistance (see Veterans’ 9. First cousin. Benefits in chapter 1, Scholarships, Fellowships, Grants, and Tuition Reductions), Example. When Aaron graduated from college last c. Employer-provided educational assistance (see year he had $5,000 left in his QTP. He wanted to give this chapter 11, Employer-Provided Educational As- money to his younger brother, who was in junior high sistance), or school. In order to avoid paying tax on the distribution of d. Any other nontaxable (tax-free) payments (other the amount remaining in his account, Aaron contributed than gifts or inheritances) received as educational the same amount to his brother’s QTP within 60 days of the assistance. distribution. If the rollover is to another QTP for the same 4. Made on account of the attendance of the desig- ! beneficiary, only one rollover is allowed within 12 nated beneficiary at a U.S. military academy (such CAUTION months of a previous transfer to any QTP for that as the USNA at Annapolis). This exception applies designated beneficiary. only to the extent that the amount of the distribution does not exceed the costs of advanced education (as defined in section 2005(d)(3) of title 10 of the Changing the Designated Beneficiary U.S. Code) attributable to such attendance. There are no income tax consequences if the designated 5. Included in income only because the qualified educa- beneficiary of an account is changed to a member of the tion expenses were taken into account in determining beneficiary’s family. See Members of the beneficiary’s the American opportunity or lifetime learning credit family, earlier. (see Coordination With American Opportunity and Lifetime Learning Credits, earlier.) Example. Assume the same situation as in the last Exception (3) applies only to the extent the distribution is example. Instead of closing his QTP and paying the distri- not more than the scholarship, allowance, or payment. bution into his brother’s QTP, Aaron could have instructed the trustee of his account to simply change the name of the Figuring the additional tax. Use Part II of Form 5329, to beneficiary on his account to that of his brother. figure any additional tax. Report the amount on Form 1040, line 58, or Form 1040NR, line 56. Rollovers and Other Transfers Assets can be rolled over or transferred from one QTP to another. In addition, the designated beneficiary can be changed without transferring accounts. Page 58 Chapter 8 Qualified Tuition Program (QTP) |
Page 59 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 2. The actual amount charged if the student is residing in housing owned or operated by the eligible educa- 9. tional institution. You will need to contact the eligible educational institution for qualified room and board costs. Education Exception Eligible educational institution. An eligible educational to Additional Tax on institution is any college, university, vocational school, or other postsecondary educational institution eligible to par- Early IRA ticipate in a student aid program administered by the U.S. Department of Education. It includes virtually all accredited Distributions public, nonprofit, and proprietary (privately owned profit-making) postsecondary institutions. The educational institution should be able to tell you if it is an eligible Introduction educational institution. Generally, if you take a distribution from your IRA before Certain educational institutions located outside the you reach age 591/2, you must pay a 10% additional tax on United States also participate in the U.S. Department of the early distribution. This applies to any IRA you own, Education’s Federal Student Aid (FSA) programs. whether it is a traditional IRA (including a SEP-IRA), a Roth IRA, or a SIMPLE IRA. The additional tax on an early Half-time student. A student is enrolled “at least distribution from a SIMPLE IRA may be as high as 25%. half-time” if he or she is enrolled for at least half the See Publication 560, Retirement Plans for Small Business, full-time academic work load for the course of study the for information on SEP-IRAs, and Publication 590, for student is pursuing as determined under the standards of information about all other IRAs. the school where the student is enrolled. However, you can take distributions from your IRAs for qualified higher education expenses without having to pay the 10% additional tax. You may owe income tax on at least part of the amount distributed, but you may not have Figuring the Amount Not to pay the 10% additional tax. Subject to the 10% Tax Generally, if the taxable part of the distribution is less than or equal to the adjusted qualified education expenses To determine the amount of your distribution that is not (AQEE), none of the distribution is subject to the additional subject to the 10% additional tax, first figure your adjusted tax. If the taxable part of the distribution is more than the qualified education expenses. You do this by reducing your AQEE, only the excess is subject to the additional tax. total qualified education expenses by any tax-free educa- tional assistance, which includes: • Expenses used to figure the tax-free portion of distri- Who Is Eligible butions from a Coverdell education savings account (ESA) (see Distributions in chapter 7, Coverdell Edu- You can take a distribution from your IRA before you reach cation Savings Account), age 591/ 2and not have to pay the 10% additional tax if, for the year of the distribution, you pay qualified education • The tax-free part of scholarships and fellowships expenses for: (see Tax-Free Scholarships and Fellowships in chapter 1, Scholarships, Fellowships, Grants, and • yourself, Tuition Reductions), • your spouse, or • Pell grants (see Pell Grants and Other Title IV your or your spouse’s child, foster child, adopted Need-Based Education Grants in chapter 1, Scholar- • child, or descendant of any of them. ships, Fellowships, Grants, and Tuition Reductions), • Veterans’ educational assistance (see Veterans’ Qualified education expenses. For purposes of the 10% Benefits in chapter 1, Scholarships, Fellowships, additional tax, these expenses are tuition, fees, books, Grants, and Tuition Reductions), supplies, and equipment required for enrollment or attend- • Employer-provided educational assistance (see ance at an eligible educational institution. They also in- chapter 11, Employer-Provided Educational Assis- clude expenses for special needs services incurred by or tance), and for special needs students in connection with their enroll- ment or attendance. • Any other nontaxable (tax-free) payments (other than gifts or inheritances) received as educational In addition, if the student is at least a half-time student, assistance. room and board are qualified education expenses. The expense for room and board qualifies only to the Do not reduce the qualified education expenses by extent that it is not more than the greater of the following amounts paid with funds the student receives as: two amounts. • Payment for services, such as wages, 1. The allowance for room and board, as determined by • A loan, the eligible educational institution, that was included • A gift, in the cost of attendance (for federal financial aid purposes) for a particular academic period and living • An inheritance given to either the student or the arrangement of the student. individual making the withdrawal, or Chapter 9 Education Exception to Additional Tax on Early IRA Distributions Page 59 |
Page 60 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • A withdrawal from personal savings (including sav- The taxable part of Erin’s IRA distribution ($1,000) is ings from a qualified tuition program (QTP)). larger than her $800 AQEE. Therefore, she must pay the If your IRA distribution is equal to or less than your ad- 10% additional tax on $200, the taxable part of her distribu- justed qualified education expenses, you are not subject to tion ($1,000) that is more than her qualified education the 10% additional tax. expenses ($800). She does not have to pay the 10% additional tax on the remaining $800 of her taxable distri- Example 1. In 2011, Erin (age 32) took a year off from bution. teaching to attend graduate school full-time. She paid $5,800 of qualified education expenses from the following sources. Reporting Early Distributions Employer-provided educational assistance (tax free) $5,000 By January 31, 2012, the payer of your IRA distribution Early distribution from IRA should send you Form 1099-R, Distributions From Pen- (includes $500 taxable earnings) 3,200 sions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc. The information on this form will Before Erin can determine if she must pay the 10% help you determine how much of your distribution is tax- additional tax on her IRA distribution, she must reduce her able for income tax purposes and how much is subject to total qualified education expenses. the 10% additional tax. Total qualified education expenses $5,800 If you received an early distribution from your IRA, you Minus: Tax-free educational assistance -5,000 must report the taxable earnings on Form 1040, line 15b Equals: Adjusted qualified (Form 1040NR, line 16b). Then, if you qualify for an excep- education expenses (AQEE) $ 800 tion for qualified higher education expenses, you must file Because Erin’s AQEE ($800) are more than the taxable Form 5329 to show how much, if any, of your early distribu- portion of her IRA distribution ($500), she does not have to tion is subject to the 10% additional tax. See the Instruc- pay the 10% additional tax on any part of this distribution. tions for Form 5329, Part I, for help in completing the form However, she must include the $500 taxable earnings in and entering the results on Form 1040 or 1040NR. her gross income subject to income tax. There are many other situations in which Form 5329 is Example 2. Assume the same facts as in Example 1, required. If, during 2011, you had other distributions from except that Erin deducted some of the contributions to her IRAs or qualified retirement plans, or have made excess IRA, so the taxable part of her early distribution is higher— contributions to certain tax-favored accounts, see the in- $1,000. This must be included in her income subject to structions for line 58 (Form 1040) or line 56 (Form income tax. 1040NR) to determine if you must file Form 5329. Page 60 Chapter 9 Education Exception to Additional Tax on Early IRA Distributions |
Page 61 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. The issue date is not necessarily the date of ! purchase—it will be the first day of the month in CAUTION 10. which the bond is purchased (or posted, if bought electronically). Qualified education expenses. These include the fol- Education Savings lowing items you pay for either yourself, your spouse, or a dependent for whom you claim an exemption. Bond Program 1. Tuition and fees required to enroll at or attend an eligible educational institution. Qualified education What’s New expenses do not include expenses for room and board or for courses involving sports, games, or hob- Income limits for exclusion reduction increased. For bies that are not part of a degree or certificate grant- ing program. 2011, the amount of your interest exclusion will be gradu- ally reduced (phased out) if your filing status is married 2. Contributions to a qualified tuition program (QTP) filing jointly or qualifying widow(er) with a dependent child, (see How Much Can You Contribute in chapter 8, and your modified adjusted gross income is between Qualified Tuition Program, ). $106,650 and $136,650. You cannot take the deduction if 3. Contributions to a Coverdell education savings ac- your MAGI is $136,650 or more. For 2010, the limits that count (ESA) (see Contributions in chapter 7, Cover- applied to you were $105,100 and $135,100. dell Education Savings Account). For all other filing statuses, your interest exclusion is phased out if your MAGI is between $71,100 and $86,100. Adjusted qualified education expenses. You must You cannot exclude any of the interest if your MAGI is reduce your qualified education expenses by all of the $86,100 or more. For 2010, the limits that applied to you following tax-free benefits. were $70,100 and $85,100. See Effect of the Amount of Your Income on the Amount of Your Exclusion, later. 1. Tax-free part of scholarships and fellowships (see Tax-Free Scholarships and Fellowships in chapter 1, Scholarships, Fellowships, Grants, and Tuition Re- ductions). Introduction 2. Expenses used to figure the tax-free portion of distri- Generally, you must pay tax on the interest earned on U.S. butions from a Coverdell ESA (see Qualified Educa- savings bonds. If you do not include the interest in income tion Expenses in chapter 7, Coverdell Education in the years it is earned, you must include it in your income Savings Account). in the year in which you cash in the bonds. However, when you cash in certain savings bonds 3. Expenses used to figure the tax-free portion of distri- under an education savings bond program, you may be butions from a QTP (see Qualified education ex- able to exclude the interest from income. penses in chapter 8, Qualified Tuition Program). 4. Any tax-free payments (other than gifts or inheri- tances) received as educational assistance, such as: Who Can Cash In Bonds a. Veterans’ educational assistance benefits (see Veterans’ Benefits in chapter 1, Scholarships, Fel- Tax Free lowships, Grants, and Tuition Reductions), You may be able to cash in qualified U.S. savings bonds b. Qualified tuition reductions (see Qualified Tuition without having to include in your income some or all of the Reduction in chapter 1, Scholarships, Fellow- interest earned on the bonds if you meet the following ships, Grants, and Tuition Reductions), or conditions. c. Employer-provided educational assistance (see • You pay qualified education expenses for yourself, chapter 11, Employer-Provided Educational As- your spouse, or a dependent for whom you claim an sistance). exemption on your return. 5. Any expenses used in figuring the American opportu- • Your modified adjusted gross income (MAGI) is less nity and lifetime learning credits. See What Ex- than $86,100 ($136,650 if married filing jointly or penses Qualify in chapter 2, American Opportunity qualifying widow(er) with a dependent child). Credit, and What Expenses Qualify in chapter 3, Life- • Your filing status is not married filing separately. time Learning Credit, for more information. Eligible educational institution. An eligible educa- Qualified U.S. savings bonds. A qualified U.S. savings tional institution is any college, university, vocational bond is a series EE bond issued after 1989 or a series I school, or other postsecondary educational institution eligi- bond. The bond must be issued either in your name (as the ble to participate in a student aid program administered by sole owner) or in the name of both you and your spouse (as the U.S. Department of Education. It includes virtually all co-owners). accredited public, nonprofit, and proprietary (privately The owner must be at least 24 years old before the owned profit-making) postsecondary institutions. The edu- bond’s issue date. The issue date is printed on the front of cational institution should be able to tell you if it is an the savings bond. eligible educational institution. Chapter 10 Education Savings Bond Program Page 61 |
Page 62 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Certain educational institutions located outside the United States also participate in the U.S. Department of Education’s Federal Student Aid (FSA) programs. Figuring the Tax-Free Amount Dependent for whom you claim an exemption. You If the total you receive when you cash in the bonds is not claim an exemption for a person if you list his or her name more than the adjusted qualified education expenses for and other required information on Form 1040 (or Form the year, all of the interest on the bonds may be tax free. 1040A), line 6c. However, if the total you receive when you cash in the Modified adjusted gross income (MAGI). For most tax- bonds is more than the adjusted expenses, only part of the payers, MAGI is adjusted gross income (AGI) as figured on interest may be tax free. their federal income tax return without taking into account To determine the tax-free amount, multiply the interest this interest exclusion. However, as discussed below, part of the proceeds by a fraction. The numerator (top part) there may be other modifications. of the fraction is the adjusted qualified education expenses MAGI when using Form 1040A. If you file Form (AQEE) you paid during the year. The denominator (bot- 1040A, your MAGI is the AGI on line 22 of that form figured tom part) of the fraction is the total proceeds you received without taking into account any savings bond interest ex- during the year. clusion and modified by adding back any amount on line 18 (Student loan interest deduction) and line 19 (Tuition and Example. In February 2011, Mark and Joan Washing- fees deduction). ton, a married couple, cashed a qualified series EE U.S. savings bond. They received proceeds of $9,000, repre- MAGI when using Form 1040. If you file Form 1040, senting principal of $6,000 and interest of $3,000. In 2011, your MAGI is the AGI on line 38 of that form figured without they paid $7,650 of their daughter’s college tuition. They taking into account any savings bond interest exclusion are not claiming an American opportunity or lifetime learn- and modified by adding back any: ing credit for those expenses, and their daughter does not 1. Foreign earned income exclusion, have any tax-free educational assistance. Their MAGI for 2011 was $80,000. 2. Foreign housing exclusion, 3.4. ForeignExclusionhousingof incomededuction,by bona fide residents of Ameri- interest$3,000 × $9,000$7,650proceedsAQEE = tax-freeinterest$2,550 can Samoa, 5. Exclusion of income by bona fide residents of Puerto They can exclude $2,550 of interest in 2011. They must Rico, pay tax on the remaining $450 ($3,000 -$2,550) interest. 6. Exclusion for adoption benefits received under an employer’s adoption assistance program, Effect of the Amount of Your Income on the Amount of Your Exclusion 7. Deduction for student loan interest, 8. Deduction for tuition and fees, and The amount of your interest exclusion is gradually reduced (phased out) if your MAGI is between $71,100 and 9. Deduction for domestic production activities. $86,100 (between $106,650 and $136,650 if your filing Use the worksheet in the instructions for line 9 of Form status is married filing jointly or qualifying widow(er) with a 8815 to figure your MAGI. If you claim any of the exclusion dependent child). You cannot exclude any of the interest if or deduction items (1)–(6) listed above, add the amount of your MAGI is equal to or more than the upper limit. the exclusion or deduction to the amount on line 5 of the The phaseout, if any, is figured for you when you fill out worksheet. Do not add in the deduction for (7) student loan Form 8815. interest, (8) tuition and fees, or (9) domestic production activities because line 4 of the worksheet already includes these amounts. Enter the total on Form 8815, line 9, as your modified adjusted gross income (MAGI). Claiming the Exclusion Because the deduction for interest expenses at- ! tributable to royalties and other investments is Use Form 8815 to figure your education savings bond CAUTION limited to your net investment income, you cannot interest exclusion. Enter your exclusion on line 3 of Sched- figure the deduction until you have figured this interest ule B (Form 1040A or 1040), Interest and Ordinary Divi- exclusion. Therefore, if you had interest expenses attribu- dends. Attach Form 8815 to your tax return. table to royalties and deductible on Schedule E (Form 1040), Supplemental Income and Loss, you must make a special computation of your deductible interest without regard to this exclusion to figure the net royalty income Illustrated Example included in your MAGI. See Royalties included in MAGI under Education Savings Bond Program in Publication The information is the same as in the Example, earlier, for 550, chapter 1. Mark and Joan Washington, except they have a modified adjusted gross income of $118,900. In this example, they can exclude $1,510 of interest in 2011. See line 14 of Form 8815, Exclusion of Interest From Series EE and I U.S. Savings Bonds Issued After 1989, later. They must pay tax on the remaining $1,490 interest ($3,000 total interest – $1,510 excluded interest). Page 62 Chapter 10 Education Savings Bond Program |
Page 63 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Exclusion of Interest From Series EE and I OMB No. 1545-0074 Form 8815 U.S. Savings Bonds Issued After 1989 Department of the Treasury (For Filers With Qualified Higher Education Expenses) 2011 Attachment Internal Revenue Service (99) Attach to Form 1040 or Form 1040A. Sequence No. 167 Name(s) shown on return Your social security number Mark & Joan Washington 000-00-4567 1 (a) Name of person (you, your spouse, or your dependent) who (b) was enrolled at or attended an eligible educational institution Name and address of eligible educational institution Jamestown University Anna Washington Normal, VA 20100 If you need more space, attach a statement. 2 Enter the total qualied higher education expenses you paid in 2011 for the person(s) listed in column (a) of line 1. See the instructions to nd out which expenses qualify . . . . . . . . 2 7,650 3 Enter the total of any nontaxable educational benets (such as nontaxable scholarship or fellowship grants) received for 2011 for the person(s) listed in column (a) of line 1 (see instructions) 3 0 4 Subtract line 3 from line 2. If zero or less, stop. You cannot take the exclusion . . . . . . 4 7,650 5 Enter the total proceeds (principal and interest) from all series EE and I U.S. savings bonds issued after 1989 that you cashed during 2011 . . . . . . . . . . . . . . . . . . . 5 9,000 6 Enter the interest included on line 5 (see instructions) . . . . . . . . . . . . . . . 6 3,000 7 If line 4 is equal to or more than line 5, enter “1.000.” If line 4 is less than line 5, divide line 4 by line 5. Enter the result as a decimal (rounded to at least three places) . . . . . . . . . . . 7 × . 850 8 Multiply line 6 by line 7 . . . . . . . . . . . . . . . . . . . . . . . . . 8 2,550 9 Enter your modied adjusted gross income (see instructions) . . . . 9 118,900 Note: If line 9 is $86,100 or more if single or head of household, or $136,650 or more if married filing jointly or qualifying widow(er) with dependent child, stop. You cannot take the exclusion. 10 Enter: $71,100 if single or head of household; $106,650 if married ling jointly or qualifying widow(er) with dependent child . . . . . . . 10 106,650 11 Subtract line 10 from line 9. If zero or less, skip line 12, enter -0- on line 13, and go to line 14 . . . . . . . . . . . . . . . . . 11 12,250 12 Divide line 11 by: $15,000 if single or head of household; $30,000 if married ling jointly or qualifying widow(er) with dependent child. Enter the result as a decimal (rounded to at least three places) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 × . 408 13 Multiply line 8 by line 12 . . . . . . . . . . . . . . . . . . . . . . . . . 13 1,040 14 Excludable savings bond interest. Subtract line 13 from line 8. Enter the result here and on Schedule B (Form 1040A or Form 1040), line 3 . . . . . . . . . . . . . . . . 14 1,510 Chapter 10 Education Savings Bond Program Page 63 |
Page 64 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. that improves or develops your capabilities. The payments do not have to be for work-related courses or courses that 11. are part of a degree program. Educational assistance benefits do not include pay- ments for the following items. Employer-Provided 1. Meals, lodging, or transportation. Educational 2. Tools or supplies (other than textbooks) that you can Assistance keep after completing the course of instruction. 3. Courses involving sports, games, or hobbies unless they: Introduction If you receive educational assistance benefits from your a. Have a reasonable relationship to the business of employer under an educational assistance program, you your employer, or can exclude up to $5,250 of those benefits each year. This b. Are required as part of a degree program. means your employer should not include those benefits with your wages, tips, and other compensation shown in box 1 of your Form W-2. This also means that you do not have to include the benefits on your income tax return. Benefits over $5,250. If your employer pays more than $5,250 in educational assistance benefits for you during You cannot use any of the tax-free education the year, you must generally pay tax on the amount over CAUTION! expenses paid for by your employer as the basis $5,250. Your employer should include in your wages for any other deduction or credit, including the (Form W-2, box 1) the amount that you must include in American opportunity credit and lifetime learning credit. income. Educational assistance program. To qualify as an edu- Working condition fringe benefit. However, if the cational assistance program, the plan must be written and benefits over $5,250 also qualify as a working condition must meet certain other requirements. Your employer can fringe benefit, your employer does not have to include tell you whether there is a qualified program where you them in your wages. A working condition fringe benefit is a work. benefit which, had you paid for it, you could deduct as an Educational assistance benefits. Tax-free educational employee business expense. For more information on assistance benefits include payments for tuition, fees and working condition fringe benefits, see Working Condition similar expenses, books, supplies, and equipment. Educa- Benefits in chapter 2 of Publication 15-B, Employer’s Tax tion generally includes any form of instruction or training Guide to Fringe Benefits. Page 64 Chapter 11 Employer-Provided Educational Assistance |
Page 65 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Qualifying Work-Related 12. Education Business Deduction You can deduct the costs of qualifying work-related educa- tion as business expenses. This is education that meets at for Work-Related least one of the following two tests. • The education is required by your employer or the Education law to keep your present salary, status, or job. The required education must serve a bona fide business purpose of your employer. What’s New • The education maintains or improves skills needed in your present work. Standard mileage rate. Generally, if you claim a busi- ness deduction for work-related education and you drive However, even if the education meets one or both of the your car to and from school, the amount you can deduct for above tests, it is not qualifying work-related education if it: miles driven from January 1, 2011, through June 30, 2011 is 51 cents per mile. The amount you can deduct for miles • Is needed to meet the minimum educational require- driven from July 1, 2011, through December 31, 2011 is ments of your present trade or business, or 55.5 cents per mile. This is up from 50 cents per mile • Is part of a program of study that will qualify you for during 2010. For more information, see Transportation a new trade or business. Expenses under What Expenses Can Be Deducted, later. You can deduct the costs of qualifying work-related education as a business expense even if the education could lead to a degree. Introduction Use Figure 12-1, Does Your Work-Related Education This chapter discusses work-related education expenses Qualify as a quick check to see if your education qualifies. that you may be able to deduct as business expenses. To claim such a deduction, you must: Education Required by • Be working, Employer or by Law • Itemize your deductions on Schedule A (Form 1040 or 1040NR) if you are an employee, Once you have met the minimum educational require- ments for your job, your employer or the law may require • File Schedule C (Form 1040), Profit or Loss From you to get more education. This additional education is Business, Schedule C-EZ (Form 1040), Net Profit qualifying work-related education if all three of the follow- From Business, or Schedule F (Form 1040), Profit or ing requirements are met. Loss From Farming if you are self-employed, and • It is required for you to keep your present salary, • Have expenses for education that meet the require- status, or job, ments discussed under Qualifying Work-Related Ed- ucation, later. • The requirement serves a bona fide business pur- pose of your employer, and What is the tax benefit of taking a business deduction • The education is not part of a program that will for work-related education. If you are an employee and qualify you for a new trade or business. can itemize your deductions, you may be able to claim a deduction for the expenses you pay for your work-related When you get more education than your employer or the education. Your deduction will be the amount by which law requires, the additional education can be qualifying your qualifying work-related education expenses plus work-related education only if it maintains or improves other job and certain miscellaneous expenses is greater skills required in your present work. See Education To than 2% of your adjusted gross income. An itemized de- Maintain or Improve Skills, later. duction reduces the amount of your income subject to tax. Example. You are a teacher who has satisfied the mini- If you are self-employed, you deduct your expenses for mum requirements for teaching. Your employer requires qualifying work-related education directly from your you to take an additional college course each year to keep self-employment income. This reduces the amount of your your teaching job. If the courses will not qualify you for a income subject to both income tax and self-employment new trade or business, they are qualifying work-related tax. education even if you eventually receive a master’s degree Your work-related education expenses may also qualify and an increase in salary because of this extra education. you for other tax benefits, such as the tuition and fees deduction and the American opportunity and lifetime learn- ing credits. You may qualify for these other benefits even if Education To Maintain or you do not meet the requirements listed above. Improve Skills Also, your work-related education expenses may qualify you to claim more than one tax benefit. Generally, you may If your education is not required by your employer or the claim any number of benefits as long as you use different law, it can be qualifying work-related education only if it expenses to figure each one. maintains or improves skills needed in your present work. Chapter 12 Business Deduction for Work-Related Education Page 65 |
Page 66 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Figure 12-1. 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 fide 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 is not that will qualify you for a new trade or qualifying work-related business? education. No Your education is qualifying work-related education. This could include refresher courses, courses on current work from which you are absent, is considered to qualify developments, and academic or vocational courses. you for a new trade or business. Therefore, it is not qualify- ing work-related education. Example. You repair televisions, radios, and stereo systems for XYZ Store. To keep up with the latest Education To Meet changes, you take special courses in radio and stereo service. These courses maintain and improve skills re- Minimum Requirements quired in your work. Education you need to meet the minimum educational requirements for your present trade or business is not Maintaining skills vs. qualifying for new job. Education qualifying work-related education. The minimum educa- to maintain or improve skills needed in your present work is tional requirements are determined by: not qualifying education if it will also qualify you for a new trade or business. • Laws and regulations, Education during temporary absence. If you stop • Standards of your profession, trade, or business, working for a year or less in order to get education to and maintain or improve skills needed in your present work and Your employer. then return to the same general type of work, your absence • is considered temporary. Education that you get during a Once you have met the minimum educational require- temporary absence is qualifying work-related education if it ments that were in effect when you were hired, you do not maintains or improves skills needed in your present work. have to meet any new minimum educational requirements. This means that if the minimum requirements change after Example. You quit your biology research job to become you were hired, any education you need to meet the new a full-time biology graduate student for 1 year. If you return requirements can be qualifying education. to work in biology research after completing the courses, the education is related to your present work even if you do You have not necessarily met the minimum edu- not go back to work with the same employer. ! cational requirements of your trade or business CAUTION simply because you are already doing the work. Education during indefinite absence. If you stop work for more than a year, your absence from your job is considered indefinite. Education during an indefinite ab- sence, even if it maintains or improves skills needed in the Page 66 Chapter 12 Business Deduction for Work-Related Education |
Page 67 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Example 1. You are a full-time engineering student. courses you take that lead to a bachelor’s degree (includ- Although you have not received your degree or certifica- ing those in education) are not qualifying work-related tion, you work part time as an engineer for a firm that will education. They are needed to meet the minimum educa- employ you as a full-time engineer after you finish college. tional requirements for employment as a teacher. Although your college engineering courses improve your skills in your present job, they are also needed to meet the Example 4. You have a bachelor’s degree and you minimum job requirements for a full-time engineer. The work as a temporary instructor at a university. At the same education is not qualifying work-related education. time, you take graduate courses toward an advanced de- gree. The rules of the university state that you can become Example 2. You are an accountant and you have met a faculty member only if you get a graduate degree. Also, the minimum educational requirements of your employer. you can keep your job as an instructor only as long as you Your employer later changes the minimum educational show satisfactory progress toward getting this degree. You requirements and requires you to take college courses to have not met the minimum educational requirements to keep your job. These additional courses can be qualifying qualify you as a faculty member. The graduate courses are work-related education because you have already satis- not qualifying work-related education. fied the minimum requirements that were in effect when you were hired. Certification in a new state. Once you have met the minimum educational requirements for teachers for your state, you are considered to have met the minimum educa- Requirements for Teachers tional requirements in all states. This is true even if you States or school districts usually set the minimum educa- must get additional education to be certified in another tional requirements for teachers. The requirement is the state. Any additional education you need is qualifying college degree or the minimum number of college hours work-related education. You have already met the mini- usually required of a person hired for that position. mum requirements for teaching. Teaching in another state is not a new trade or business. If there are no requirements, you will have met the minimum educational requirements when you become a Example. You hold a permanent teaching certificate in faculty member. You generally will be considered a faculty State A and are employed as a teacher in that state for member when one or more of the following occurs. several years. You move to State B and are promptly hired • You have tenure. as a teacher. You are required, however, to complete certain prescribed courses to get a permanent teaching • Your years of service count toward obtaining tenure. certificate in State B. These additional courses are qualify- • You have a vote in faculty decisions. ing work-related education because the teaching position in State B involves the same general kind of work for which • Your school makes contributions for you to a retire- you were qualified in State A. ment plan other than social security or a similar program. Education That Qualifies You for a Example 1. The law in your state requires beginning New Trade or Business secondary school teachers to have a bachelor’s degree, Education that is part of a program of study that will qualify including 10 professional education courses. In addition, to you for a new trade or business is not qualifying work- keep the job a teacher must complete a fifth year of training related education. This is true even if you do not plan to within 10 years from the date of hire. If the employing enter that trade or business. school certifies to the state Department of Education that qualified teachers cannot be found, the school can hire If you are an employee, a change of duties that involves persons with only 3 years of college. However, to keep the same general kind of work is not a new trade or their jobs, these teachers must get a bachelor’s degree business. and the required professional education courses within 3 years. Example 1. You are an accountant. Your employer requires you to get a law degree at your own expense. You Under these facts, the bachelor’s degree, whether or register at a law school for the regular curriculum that leads not it includes the 10 professional education courses, is to a law degree. Even if you do not intend to become a considered the minimum educational requirement for qual- lawyer, the education is not qualifying because the law ification as a teacher in your state. degree will qualify you for a new trade or business. If you have all the required education except the fifth year, you have met the minimum educational require- Example 2. You are a general practitioner of medicine. ments. The fifth year of training is qualifying work-related You take a 2-week course to review developments in education unless it is part of a program of study that will several specialized fields of medicine. The course does not qualify you for a new trade or business. qualify you for a new profession. It is qualifying work- related education because it maintains or improves skills Example 2. Assume the same facts as in Example 1 required in your present profession. except that you have a bachelor’s degree and only six professional education courses. The additional four educa- Example 3. While working in the private practice of tion courses can be qualifying work-related education. psychiatry, you enter a program to study and train at an Although you do not have all the required courses, you accredited psychoanalytic institute. The program will lead have already met the minimum educational requirements. to qualifying you to practice psychoanalysis. The psycho- analytic training does not qualify you for a new profession. Example 3. Assume the same facts as in Example 1 It is qualifying work-related education because it maintains except that you are hired with only 3 years of college. The or improves skills required in your present profession. Chapter 12 Business Deduction for Work-Related Education Page 67 |
Page 68 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Bar or CPA Review Course Temporary basis. You go to school on a temporary basis if either of the following situations applies to you. Review courses to prepare for the bar examination or the certified public accountant (CPA) examination are not 1. Your attendance at school is realistically expected to qualifying work-related education. They are part of a pro- last 1 year or less and does indeed last for 1 year or gram of study that can qualify you for a new profession. less. 2. Initially, your attendance at school is realistically ex- Teaching and Related Duties pected to last 1 year or less, but at a later date your attendance is reasonably expected to last more than All teaching and related duties are considered the same 1 year. Your attendance is temporary up to the date general kind of work. A change in duties in any of the you determine it will last more than 1 year. following ways is not considered a change to a new busi- If you are in either situation (1) or (2) above, your attend- ness. ance is not temporary if facts and circumstances indicate • Elementary school teacher to secondary school otherwise. teacher. Attendance not on a temporary basis. You do not go • Teacher of one subject, such as biology, to teacher to school on a temporary basis if either of the following of another subject, such as art. situations apply to you. • Classroom teacher to guidance counselor. 1. Your attendance at school is realistically expected to Classroom teacher to school administrator. last more than 1 year. It does not matter how long • you actually attend. 2. Initially, your attendance at school is realistically ex- pected to last 1 year or less, but at a later date your What Expenses attendance is reasonably expected to last more than 1 year. Your attendance is not temporary after the Can Be Deducted date you determine it will last more than 1 year. If your education meets the requirements described earlier under Qualifying Work-Related Education you can gener- ally deduct your education expenses as business ex- Deductible Transportation Expenses penses. If you are not self-employed, you can deduct If you are regularly employed and go directly from home to business expenses only if you itemize your deductions. school on a temporary basis, you can deduct the round-trip You cannot deduct expenses related to tax-exempt and costs of transportation between your home and school. excluded income. This is true regardless of the location of the school, the distance traveled, or whether you attend school on non- Deductible expenses. The following education expenses work days. can be deducted. Transportation expenses include the actual costs of • Tuition, books, supplies, lab fees, and similar items. bus, subway, cab, or other fares, as well as the costs of • Certain transportation and travel costs. using your car. Transportation expenses do not include amounts spent for travel, meals, or lodging while you are • Other education expenses, such as costs of re- away from home overnight. search and typing when writing a paper as part of an educational program. Example 1. You regularly work in a nearby town, and go directly from work to home. You also attend school Nondeductible expenses. You cannot deduct personal every work night for 3 months to take a course that im- or capital expenses. For example, you cannot deduct the proves your job skills. Since you are attending school on a dollar value of vacation time or annual leave you take to temporary basis, you can deduct your daily round-trip attend classes. This amount is a personal expense. transportation expenses in going between home and school. This is true regardless of the distance traveled. Unclaimed reimbursement. If you do not claim reim- bursement that you are entitled to receive from your em- Example 2. Assume the same facts as in Example 1 ployer, you cannot deduct the expenses that apply to the except that on certain nights you go directly from work to reimbursement. school and then home. You can deduct your transportation expenses from your regular work site to school and then Example. Your employer agrees to pay your education home. expenses if you file a voucher showing your expenses. You do not file a voucher and you do not get reimbursed. Example 3. Assume the same facts as in Example 1 Because you did not file a voucher, you cannot deduct the except that you attend the school for 9 months on Satur- expenses on your tax return. days, nonwork days. Since you are attending school on a temporary basis, you can deduct your round-trip transpor- Transportation Expenses tation expenses in going between home and school. If your education qualifies, you can deduct local transporta- Example 4. Assume the same facts as in Example 1 tion costs of going directly from work to school. If you are except that you attend classes twice a week for 15 months. regularly employed and go to school on a temporary basis, Since your attendance in school is not considered tempo- you can also deduct the costs of returning from school to rary, you cannot deduct your transportation expenses in home. going between home and school. If you go directly from Page 68 Chapter 12 Business Deduction for Work-Related Education |
Page 69 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. work to school, you can deduct the one-way transportation Example 3. Dave works in Nashville and recently trav- expenses of going from work to school. If you go from work eled to California to take a 2-week seminar. The seminar is to home to school and return home, your transportation qualifying work-related education. expenses cannot be more than if you had gone directly While there, he spent an extra 8 weeks on personal from work to school. activities. The facts, including the extra 8-week stay, show that his main purpose was to take a vacation. Using your car. If you use your car (whether you own or lease it) for transportation to school, you can deduct your Dave cannot deduct his round-trip airfare or his meals actual expenses or use the standard mileage rate to figure and lodging for the 8 weeks. He can deduct only his the amount you can deduct. The standard mileage rate for expenses for meals (subject to the 50% limit) and lodging miles driven from January 1, 2011, through June 30, 2011 for the 2 weeks he attended the seminar. is 51 cents per mile. The amount you can deduct for miles driven from July 1, 2011, through December 31, 2011 is Cruises and conventions. Certain cruises and conven- 55.5 cents per mile. Whichever method you use, you can tions offer seminars or courses as part of their itinerary. also deduct parking fees and tolls. See Publication 463, Even if the seminars or courses are work related, your chapter 4, for information on deducting your actual ex- deduction for travel may be limited. This applies to: penses of using a car. • Travel by ocean liner, cruise ship, or other form of luxury water transportation, and Travel Expenses • Conventions outside the North American area. You can deduct expenses for travel, meals (see 50% limit on meals, later), and lodging if you travel overnight mainly For a discussion of the limits on travel expense deduc- to obtain qualifying work-related education. tions that apply to cruises and conventions, see Luxury Travel expenses for qualifying work-related education Water Travel and Conventions in chapter 1 of Publication are treated the same as travel expenses for other em- 463. ployee business purposes. For more information, see chapter 1 of Publication 463. 50% limit on meals. You can deduct only 50% of the cost of your meals while traveling away from home to obtain You cannot deduct expenses for personal activi- qualifying work-related education. If you were reimbursed ! ties such as sightseeing, visiting, or entertaining. for the meals, see How To Treat Reimbursements, later. CAUTION Employees must use Form 2106 or Form 2106-EZ to Mainly personal travel. If your travel away from home is apply the 50% limit. mainly personal, you cannot deduct all of your expenses for travel, meals, and lodging. You can deduct only your Travel as Education expenses for lodging and 50% of your expenses for meals during the time you attend the qualified educational activi- You cannot deduct the cost of travel as a form of education ties. even if it is directly related to your duties in your work or Whether a trip’s purpose is mainly personal or educa- business. tional depends upon the facts and circumstances. An im- portant factor is the comparison of time spent on personal Example. You are a French language teacher. While activities with time spent on educational activities. If you on sabbatical leave granted for travel, you traveled through spend more time on personal activities, the trip is consid- France to improve your knowledge of the French lan- ered mainly educational only if you can show a substantial guage. You chose your itinerary and most of your activities nonpersonal reason for traveling to a particular location. to improve your French language skills. You cannot deduct your travel expenses as education expenses. This is true Example 1. John works in Newark, New Jersey. He even if you spent most of your time learning French by traveled to Chicago to take a deductible 1-week course at visiting French schools and families, attending movies or the request of his employer. His main reason for going to plays, and engaging in similar activities. Chicago was to take the course. While there, he took a sightseeing trip, entertained some friends, and took a side trip to Pleasantville for a day. No Double Benefit Allowed Since the trip was mainly for business, John can deduct You cannot do either of the following. his round-trip airfare to Chicago. He cannot deduct his transportation expenses of going to Pleasantville. He can • Deduct work-related education expenses as busi- deduct only the meals (subject to the 50% limit) and lodg- ness expenses if you benefit from these expenses ing connected with his educational activities. under any other provision of the law, for example, as a tuition and fees deduction. Example 2. Sue works in Boston. She went to a univer- Deduct work-related education expenses paid with sity in Michigan to take a course for work. The course is • tax-free scholarship, grant, or employer-provided qualifying work-related education. educational assistance. See Adjustments to Qualify- She took one course, which is one-fourth of a full course ing Work-Related Education Expenses, next. load of study. She spent the rest of the time on personal activities. Her reasons for taking the course in Michigan were all personal. Adjustments to Qualifying Work-Related Sue’s trip is mainly personal because three-fourths of Education Expenses her time is considered personal time. She cannot deduct the cost of her round-trip train ticket to Michigan. She can If you pay qualifying work-related education expenses with deduct one-fourth of the meals (subject to the 50% limit) certain tax-free funds, you cannot claim a deduction for and lodging costs for the time she attended the university. those amounts. You must reduce the qualifying expenses Chapter 12 Business Deduction for Work-Related Education Page 69 |
Page 70 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. by the amount of any tax-free educational assistance you • You must return any reimbursement or allowance in received. excess of the expenses accounted for within a rea- sonable period of time. Tax-free educational assistance. This includes: The tax-free part of scholarships and fellowships If you are reimbursed under an accountable plan, your • (see Tax-Free Scholarships and Fellowships in employer should not include any reimbursement in your chapter 1, Scholarships, Fellowships, Grants, and income in box 1 of your Form W-2. Tuition Reductions), If your employer included reimbursements in box TIP Pell grants (see Pell Grants and Other Title IV 1 of your Form W-2 and you meet all three rules • Need-Based Education Grants in chapter 1, Scholar- for accountable plans, ask your employer for a ships, Fellowships, Grants, and Tuition Reductions). corrected Form W-2. Accountable plan rules not met. Even though you are • Employer-provided educational assistance (see reimbursed under an accountable plan, some of your ex- chapter 11, Employer-Provided Educational Assis- penses may not meet all three rules for accountable plans. tance), Those expenses that fail to meet the three rules are treated • Veterans’ educational assistance (see Veterans’ as having been reimbursed under a Nonaccountable Plan Benefits in chapter 1, Scholarships, Fellowships, (discussed later). Grants, and Tuition Reductions), and Expenses equal reimbursement. Under an accountable • Any other nontaxable (tax-free) payments (other plan, if your expenses equal your reimbursement, you do than gifts or inheritances) received as educational not complete Form 2106 or 2106-EZ. Because your ex- assistance. penses and reimbursements are equal, you do not have a deduction. Amounts that do not reduce qualifying work-related education expenses. Do not reduce the qualifying Excess expenses. If your expenses are more than your work-related education expenses by amounts paid with reimbursement, you can deduct your excess expenses. funds the student receives as: This is discussed later, under Deducting Business Ex- penses. • Payment for services, such as wages, Allocating your reimbursements for meals. Because • A loan, your excess meal expenses are subject to the 50% limit, • A gift, you must figure them separately from your other expenses. If your employer paid you a single amount to cover both • An inheritance, or meals and other expenses, you must allocate the reim- • A withdrawal from the student’s personal savings. bursement so that you can figure your excess meal ex- penses separately. Make the allocation as follows. Also, do not reduce the qualifying work-related educa- 1. Divide your meal expenses by your total expenses. tion expenses by any scholarship or fellowship reported as income on the student’s return or any scholarship which, 2. Multiply your total reimbursement by the result from by its terms, cannot be applied to qualifying work-related (1). This is the allocated reimbursement for your education expenses. meal expenses. 3. Subtract the amount figured in (2) from your total reimbursement. The difference is the allocated reim- How To Treat Reimbursements bursement for your other expenses of qualifying work-related education. How you treat reimbursements depends on the arrange- ment you have with your employer. There are two basic types of reimbursement arrange- Example. Your employer paid you an expense allow- ments—accountable plans and nonaccountable plans. ance of $2,000 under an accountable plan. The allowance You can tell the type of plan you are reimbursed under by was to cover all of your expenses of traveling away from the way the reimbursement is reported on your Form W-2. home to take a 2-week training course for work. There was no indication of how much of the reimbursement was for Note. The following rules about reimbursement ar- each type of expense. Your actual expenses equal $2,500 rangements also apply to expense allowances received ($425 for meals + $700 lodging + $150 transportation from your employer. expenses + $1,225 for books and tuition). Using the steps listed above, allocate the reimburse- ment between the $425 meal expenses and the $2,075 Accountable Plans other expenses. To be an accountable plan, your employer’s reimburse-ment arrangement must require you to meet all three of the 1. $2,500 total expenses$425 meal expenses = .17 following rules. Your expenses must have a business connection. 2. $2,000 (reimbursement) × .17 • This means your expenses must be deductible = $340 (allocated reimbursement for meal expenses) under the rules for qualifying work-related education explained earlier. 3. $2,000 (reimbursement) - $340 (meals) • You must adequately account to your employer for = $1,660work-related(allocatededucationreimbursementexpenses)for other qualifying your expenses within a reasonable period of time. Page 70 Chapter 12 Business Deduction for Work-Related Education |
Page 71 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Your excess meal expenses are $85 ($425 $340)- and If either (1) or (2) applies, you can deduct the total qualify- your excess other expenses are $415 ($2,075 -$1,660). ing cost. If (3) applies, you can deduct only the qualifying After you apply the 50% limit to your meals, you have a costs that were more than your reimbursement. deduction for work-related education expenses of $458 In order to deduct the cost of your qualifying work- (($85 ×50%) + $415). related education as a business expense, include the amount with your deduction for any other employee busi- Nonaccountable Plans ness expenses on Schedule A (Form 1040), line 21, or Schedule A (Form 1040NR), line 7. (Special rules for Your employer will combine the amount of any reimburse- expenses of certain performing artists and fee-basis offi- ment or other expense allowance paid to you under a cials and for impairment-related work expenses are ex- nonaccountable plan with your wages, salary, or other pay plained later.) and report the total in box 1 of your Form W-2. This deduction is subject to the 2%-of-adjusted- You can deduct your expenses regardless of whether gross-income limit that applies to most miscellaneous they are more than, less than, or equal to your reimburse- itemized deductions. ment. This is discussed below under Deducting Business Form 2106 or 2106-EZ. To figure your deduction for em- Expenses. An illustrated example of a nonaccountable ployee business expenses, including qualifying plan, using Form 2106-EZ, is shown at the end of this work-related education, you generally must complete chapter. Form 2106 or 2106-EZ. Reimbursements for nondeductible expenses. Reim- Form not required. Do not complete either Form 2106 bursements you received for nondeductible expenses are or 2106-EZ if: treated as paid under a nonaccountable plan. You must • All reimbursements, if any, are included in box 1 of include them in your income. For example, you must in- your Form W-2, and clude in your income reimbursements your employer gave you for expenses of education that: • You are not claiming travel, transportation, meal, or entertainment expenses. • You need to meet the minimum educational require- ments for your job, or If you meet both of these requirements, enter the ex- • Is part of a program of study that can qualify you for penses directly on Schedule A (Form 1040), line 21, or a new trade or business. Schedule A (Form 1040NR), line 7. (Special rules for expenses of certain Performing Artists and Fee-Basis Offi- For more information on accountable and nonaccount- cials and for Impairment-Related Work Expenses are ex- able plans, see chapter 6 of Publication 463. plained later.) Using Form 2106-EZ. This form is shorter and easier to use than Form 2106. Generally, you can use this form if: Deducting Business Expenses • All reimbursements, if any, are included in box 1 of your Form W-2, and Self-employed persons and employees report their busi- ness expenses differently. • You are using the standard mileage rate if you are The following information explains what forms you must claiming vehicle expenses. use to deduct the cost of your qualifying work-related education as a business expense. If you do not meet both of these requirements, use Form 2106. Self-Employed Persons Performing Artists and If you are self-employed, you must report the cost of your Fee-Basis Officials qualifying work-related education on the appropriate form used to report your business income and expenses (gener- If you are a qualified performing artist, or a state (or local) ally Schedule C (Form 1040), Schedule C-EZ (Form 1040), government official who is paid in whole or in part on a fee or Schedule F (Form 1040). If your education expenses basis, you can deduct the cost of your qualifying include expenses for a car or truck, travel, or meals, report work-related education as an adjustment to gross income those expenses the same way you report other business rather than as an itemized deduction. expenses for those items. See the instructions for the form Include the cost of your qualifying work-related educa- you file for information on how to complete it. tion with any other employee business expenses on Form 1040, line 24, or Form 1040NR, line 35. You do not have to Employees itemize your deductions on Schedule A (Form 1040 or 1040NR), and, therefore, the deduction is not subject to If you are an employee, you can deduct the cost of qualify- the 2%-of-adjusted-gross-income limit. You must com- ing work-related education only if you: plete Form 2106 or 2106-EZ to figure your deduction even if you meet the requirements described earlier under Form 1. Did not receive any reimbursement from your em- not required. ployer, 2. Were reimbursed under a nonaccountable plan (amount is included in box 1 of Form W-2), or 3. Received reimbursement under an accountable plan, but the amount received was less than your ex- penses. Chapter 12 Business Deduction for Work-Related Education Page 71 |
Page 72 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. For more information on qualified performing artists, see a. Tuition and books, chapter 6 of Publication 463. b. Meals and lodging while away from home over- night for educational purposes, Impairment-Related Work Expenses c. Travel and transportation, and If you are disabled and have impairment-related work d. Other education expenses. expenses that are necessary for you to be able to get qualifying work-related education, you can deduct these 3. Statements from your employer explaining whether expenses on Schedule A (Form 1040), line 28, or Sched- the education was necessary for you to keep your ule A (Form 1040NR), line 14. They are not subject to the job, salary, or status; how the education helped 2%-of-adjusted-gross-income limit. To deduct these ex- penses, you must complete Form 2106 or 2106-EZ even if maintain or improve skills needed in your job; how you meet the requirements described earlier under Form much reimbursement you received; and, if you are a not required. teacher, the type of certificate and subjects taught. For more information on impairment-related work ex- 4. Complete information about any scholarship or fel- penses, see chapter 6 of Publication 463. lowship grants, including amounts you received dur- ing the year. Recordkeeping You must keep records as proof of any deduction Illustrated Example claimed on your tax return. Generally, you should RECORDS keep your records for 3 years from the date of Victor Jones teaches math at a private high school in North filing the tax return and claiming the deduction. Carolina. He was selected to attend a 3-week math semi- If you are an employee who is reimbursed for expenses nar at a university in California. The seminar will improve and you give your records and documentation to your his skills in his current job and is qualifying work-related employer, you do not have to keep duplicate copies of this education. He was reimbursed for his expenses under his information. However, you should keep your records for a employer’s nonaccountable plan, so his reimbursement of 3-year period if: $2,100 is included in the wages shown in box 1 of his Form W-2. Victor will file Form 1040. • You claim deductions for expenses that are more than your reimbursement, His actual expenses for the seminar are as follows: • Your employer does not use adequate accounting Lodging ....................... $1,050 procedures to verify expense accounts, Meals ......................... 526 You are related to your employer, or Airfare ........................ 550 • Taxi fares ...................... 50 • Your expenses are reimbursed under a nonaccount- Tuition and books ................ 400 able plan. Total Expenses $2,576 Examples of records to keep. If any of the above cases Victor files Form 2106-EZ with his tax return. He shows apply to you, you must be able to prove that your expenses his expenses for the seminar in Part I of the form. He are deductible. You should keep adequate records or have enters $1,650 ($1,050 + $550 + $50) on line 3 to account sufficient evidence that will support your expenses. Esti- for his lodging, airfare, and taxi fares. He enters $400 on mates or approximations do not qualify as proof of an line 4 for his tuition and books. On the line provided for total expense. Some examples of what can be used to help meals and entertainment expenses, Victor enters $526 for prove your expenses are: meal expenses. He multiplies that amount by 50% and 1. Documents, such as transcripts, course descriptions, enters the result, $263, on line 5. On line 6, Victor totals the catalogs, etc., showing periods of enrollment in edu- amounts from lines 3 through 5. He carries the total, cational institutions, principal subjects studied, and $2,313, to Schedule A (Form 1040), line 21. descriptions of educational activity. Since he does not claim any vehicle expenses, Victor 2. Canceled checks and receipts to verify amounts you leaves Part II blank. His filled-in form is shown on the next spent for: page. Page 72 Chapter 12 Business Deduction for Work-Related Education |
Page 73 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. OMB No. 1545-0074 Form 2106-EZ Unreimbursed Employee Business Expenses Department of the Treasury Attachment2011 Internal Revenue Service (99) Attach to Form 1040 or Form 1040NR. Sequence No. 129A Your name Occupation in which you incurred expenses Social security number Victor Jones Teaching 123 00 4321 You Can Use This Form Only if All of the Following Apply. • You are an employee deducting ordinary and necessary expenses attributable to your job. An ordinary expense is one that is common and accepted in your eld of trade, business, or profession. A necessary expense is one that is helpful and appropriate for your business. An expense does not have to be required to be considered necessary. • You do not get reimbursed by your employer for any expenses (amounts your employer included in box 1 of your Form W-2 are not considered reimbursements for this purpose). • If you are claiming vehicle expense, you are using the standard mileage rate for 2011. Caution: You can use the standard mileage rate for 2011 only if: (a) you owned the vehicle and used the standard mileage rate for the first year you placed the vehicle in service, or (b) you leased the vehicle and used the standard mileage rate for the portion of the lease period after 1997. Part I Figure Your Expenses 1 Complete Part II. Multiply line 8a by 51¢ (.51) for miles driven before July 1, 2011, and by 55.5¢ (.555) for miles driven after June 30, 2011. Add the amounts , then enter the result here . . . 1 2 Parking fees, tolls, and transportation, including train, bus, etc., that did not involve overnight travel or commuting to and from work . . . . . . . . . . . . . . . . . . . 2 3 Travel expense while away from home overnight, including lodging, airplane, car rental, etc. Do not include meals and entertainment . . . . . . . . . . . . . . . . . . . . 3 1,650 4 Business expenses not included on lines 1 through 3. Do not include meals and entertainment . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 400 5 Meals and entertainment expenses: $ 526 × 50% (.50). (Employees subject to Department of Transportation (DOT) hours of service limits: Multiply meal expenses incurred while away from home on business by 80% (.80) instead of 50%. For details, see instructions.) 5 263 6 Total expenses. Add lines 1 through 5. Enter here and on Schedule A (Form 1040), line 21 (or on Schedule A (Form 1040NR), line 7). (Armed Forces reservists, fee-basis state or local government ofcials, qualied performing artists, and individuals with disabilities: See the instructions for special rules on where to enter this amount.) . . . . . . . . . . . . 6 2,313 Part II Information on Your Vehicle. Complete this part only if you are claiming vehicle expense on line 1. 7 When did you place your vehicle in service for business use? (month, day, year) / / 8 Of the total number of miles you drove your vehicle during 2011, enter the number of miles you used your vehicle for: a Business b Commuting (see instructions) c Other 9 Was your vehicle available for personal use during off-duty hours? . . . . . . . . . . . . . . Yes No 10 Do you (or your spouse) have another vehicle available for personal use? . . . . . . . . . . . . Yes No 11a Do you have evidence to support your deduction? . . . . . . . . . . . . . . . . . . . Yes No b If “Yes,” is the evidence written? . . . . . . . . . . . . . . . . . . . . . . . . . Yes No For Paperwork Reduction Act Notice, see your tax return instructions. Cat. No. 20604Q Form 2106-EZ (2011) Chapter 12 Business Deduction for Work-Related Education Page 73 |
Page 74 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Phone. Many services are available by phone. 13. How To Get Tax Help • Ordering forms, instructions, and publications. Call 1-800-TAX-FORM (1-800-829-3676) to order cur- You can get help with unresolved tax issues, order free rent-year forms, instructions, and publications, and publications and forms, ask tax questions, and get informa- prior-year forms and instructions. You should receive tion from the IRS in several ways. By selecting the method your order within 10 days. that is best for you, you will have quick and easy access to tax help. • Asking tax questions. Call the IRS with your tax questions at 1-800-829-1040. Free help with your return. Free help in preparing your return is available nationwide from IRS-certified volun- • Solving problems. You can get face-to-face help teers. The Volunteer Income Tax Assistance (VITA) pro- solving tax problems every business day in IRS Tax- gram is designed to help low-moderate income taxpayers payer Assistance Centers. An employee can explain and the Tax Counseling for the Elderly (TCE) program is IRS letters, request adjustments to your account, or designed to assist taxpayers age 60 and older with their help you set up a payment plan. Call your local tax returns. Most VITA and TCE sites offer free electronic Taxpayer Assistance Center for an appointment. To filing and all volunteers will let you know about credits and find the number, go to www.irs.gov/localcontacts or deductions you may be entitled to claim. To find the near- look in the phone book under United States Govern- est VITA or TCE site, visit IRS.gov or call 1-800-906-9887 ment, Internal Revenue Service. or 1-800-829-1040. As part of the TCE program, AARP offers the Tax-Aide • TTY/TDD equipment. If you have access to TTY/ counseling program. To find the nearest AARP Tax-Aide TDD equipment, call 1-800-829-4059 to ask tax site, call 1-888-227-7669 or visit AARP’s website at www. questions or to order forms and publications. aarp.org/money/taxaide. • TeleTax topics. Call 1-800-829-4477 to listen to For more information on these programs, go to IRS.gov pre-recorded messages covering various tax topics. and enter keyword “VITA” in the upper right-hand corner. • Refund information. To check the status of your Internet. You can access the IRS website at 2011 refund, call 1-800-829-1954 or 1-800-829-4477 IRS.gov 24 hours a day, 7 days a week to: (automated refund information 24 hours a day, 7 days a week). Wait at least 72 hours after the IRS acknowledges receipt of your e-filed return, or 3 to 4 Check the status of your 2011 refund. Go to IRS.gov weeks after mailing a paper return. If you filed Form • and click on Where’s My Refund. Wait at least 72 8379 with your return, wait 14 weeks (11 weeks if hours after the IRS acknowledges receipt of your you filed electronically). Have your 2011 tax return e-filed return, or 3 to 4 weeks after mailing a paper available so you can provide your social security return. If you filed Form 8379 with your return, wait number, your filing status, and the exact whole dollar 14 weeks (11 weeks if you filed electronically). Have amount of your refund. If you check the status of your 2011 tax return available so you can provide your refund and are not given the date it will be your social security number, your filing status, and issued, please wait until the next week before check- the exact whole dollar amount of your refund. ing back. • E-file your return. Find out about commercial tax • Other refund information. 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Many products and services are avail- • View Internal Revenue Bulletins (IRBs) published in able on a walk-in basis. the last few years. • Figure your withholding allowances using the with- holding calculator online at www.irs.gov/individuals. • Products. You can walk in to many post offices, • Determine if Form 6251 must be filed by using our libraries, and IRS offices to pick up certain forms, Alternative Minimum Tax (AMT) Assistant available instructions, and publications. Some IRS offices, li- online at www.irs.gov/individuals. braries, grocery stores, copy centers, city and county government offices, credit unions, and office supply • Sign up to receive local and national tax news by stores have a collection of products available to print email. from a CD or photocopy from reproducible proofs. • Get information on starting and operating a small Also, some IRS offices and libraries have the Inter- business. nal Revenue Code, regulations, Internal Revenue Page 74 Chapter 13 How To Get Tax Help |
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Low Income tax law applies to your individual tax return, or you Taxpayer Clinics (LITCs) are independent from the IRS. are more comfortable talking with someone in per- Some clinics serve individuals whose income is below a son, visit your local Taxpayer Assistance Center where you can spread out your records and talk with certain level and who need to resolve a tax problem. These an IRS representative face-to-face. No appointment clinics provide professional representation before the IRS is necessary—just walk in. If you prefer, you can call or in court on audits, appeals, tax collection disputes, and your local Center and leave a message requesting other issues for free or for a small fee. Some clinics can an appointment to resolve a tax account issue. 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Page 76 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Appendices The following appendices are pro- Appendix A. Illustrated for the American opportunity credit. benefits that will give you the lowestvided to help you claim the education Example of Education penses in 2011 for academic periodsHowever, amounts paid for Sean’s ex- tax. Credits beginning in 2011 and January 2012 do qualify for the lifetime learning Dave and Valerie Jones are married 1. Appendix A —An Illustrated Ex- and file a joint tax return. For 2011, credit. Corey is in her first 4 years ample of Education Credits in- they claim exemptions for their two (freshman through senior) of postsec- cluding a filled-in Form 8863 dependent children on their tax return. ondary education and expenses paid showing how to claim both the Their modified adjusted gross income for her in 2011, for academic periods American opportunity credit and is $105,000. Their tax, before credits, beginning in 2011 and January 2012, lifetime learning credit for 2010. is $11,631. They will have no credits qualify for the American opportunity 2. Appendix B —A chart summariz- other than the education credits. Their credit. ing some of the major differences son, Sean, was in graduate school Dave and Valerie figure their re- between the education tax bene- (fifth year of college) in September fundable American opportunity credit, fits discussed in this publication. 2011 and will receive his master’s de- $1,000, as shown in Part III of the It is intended only as a guide. gree in psychology from the state col- completed Form 8863. They carry the Look in this publication for more lege in May 2012. Their daughter, amount from line 14 of Form 8863 to complete information. Corey, enrolled full-time at that same line 66 of Form 1040. Dave and Vale- college in August 2010 to begin work- rie figure their tentative lifetime learn- ing on her bachelor’s degree in physi- ing credit for 2011, $1,000 (line 6). cal education. In July 2011, Dave and They cannot claim the full amount be- Valerie paid $2,400 in tuition costs for each child for the fall 2011 semester. cause their MAGI is more than In December 2011, they also paid $102,000. The reduced amount ($850 $2,600 of tuition for each child for the on line 5 of the Credit Limit Work- spring 2012 semester that begins in sheet) is added to their nonrefund- January. able American opportunity credit Dave and Valerie, their children, ($1,500 on line 10 of the Credit Limit and the college meet all of the require- Worksheet) for a total nonrefundable ments for the education credits. Be- credit of $2,350. They carry that cause Sean is beyond the fourth amount to Form 8863, line 23, and to (senior) year of his postsecondary ed- line 49 of Form 1040. They attach the ucation, his expenses do not qualify completed Form 8863 to their return. Credit Limit Worksheet—Form 8863, Line 23 Nonrefundable lifetime learning credit 1. Enter the amount from Form 8863, line 22 ................................................ 1. 850 2. Enter the amount from Form 1040, line 46, or Form 1040A, line 28 ............ 2. 11,631 3. Enter the total, if any, of your credits from: • Form 1040, lines 47, 48, and the amount from Schedule R entered on line 53 } 3. 0 • Form 1040A, lines 29 and 30 4. Subtract line 3 from line 2 ........................................................... 4. 11,631 5. Nonrefundable lifetime learning credit. Enter the smaller of line 1 or line 4 ....................... 5. 850 Nonrefundable American opportunity credit 6. Enter the amount from Form 8863, line 15 ................................................ 6. 1,500 7. Enter the amount from Form 1040, line 46, or Form 1040A, line 28 ............ 7. 11,631 8. Enter the total, if any, of your credits from: • Form 1040, lines 47, 48, and the amount from Schedule R entered on line 53, and the amount from line 5 above 8. 0 • Form 1040A, lines 29 and 30, and the amount from line 5 above } 9. Subtract line 8 from line 7 ........................................................... 9. 11,631 10. Nonrefundable American opportunity credit. Enter the smaller of line 6 or line 9 ................... 10. 1,500 11. Nonrefundable education credits. Add line 5 and line 10. Enter here and on Form 8863, line 23 ......... 11. 2,350 Page 76 Publication 970 (2011) |
Page 77 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Education Credits (American Opportunity and OMB No. 1545-0074 Form 8863 Lifetime Learning Credits) Department of the Treasury See separate instructions to find out if you are eligible to take the credits. Attachment2011 Internal Revenue Service (99) Attach to Form 1040 or Form 1040A. Sequence No. 50 Name(s) shown on return Your social security number Dave and Valerie Jones 987-00-6543 You cannot take both an education credit and the tuition and fees deduction (see Form 8917) for the same student for ! the same year. CAUTION Part I American Opportunity Credit Caution: You cannot take the American opportunity credit for more than 4 tax years for the same student. 1 (a) Student’s name (b) Student’s (c) Qualied (d) Subtract $2,000 (e) Multiply the (f) If column (d) is zero, (as shown on page 1 social security expenses (see from the amount in amount in column enter the amount from of your tax return) number (as instructions). Do column (c). If zero (d) by 25% (.25) column (c). Otherwise, First name shown on page 1 not enter more or less, enter -0-. add $2,000 to the Last name of your tax return) than $4,000 for amount in column (e). each student. Corey Jones 137-00-8642 4,000 2,000 500 2,500 2 Tentative American opportunity credit. Add the amounts on line 1, column (f). If you are taking the lifetime learning credit for a different student, go to Part II; otherwise, go to Part III . . . . . . 2 2,500 Part II Lifetime Learning Credit Caution: You cannot take the American opportunity credit and the lifetime learning credit for the same student in the same year. 3 (a) Student’s name (as shown on page 1 of your tax return) (b) Student’s social security (c) Qualied number (as shown on page expenses (see First name Last name 1 of your tax return) instructions) Sean Jones 846-00-9731 5,000 4 Add the amounts on line 3, column (c), and enter the total . . . . . . . . . . . . . . . 4 5,000 5 Enter the smaller of line 4 or $10,000 . . . . . . . . . . . . . . . . . . . . . 5 5,000 6 Tentative lifetime learning credit. Multiply line 5 by 20% (.20). If you have an entry on line 2, go to Part III; otherwise go to Part IV . . . . . . . . . . . . . . . . . . . . . . . 6 1,000 For Paperwork Reduction Act Notice, see your tax return instructions. Cat. No. 25379M Form 8863 (2011) Publication 970 (2011) Page 77 |
Page 78 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Form 8863 (2011) Page 2 Part III Refundable American Opportunity Credit 7 Enter the amount from line 2. . . . . . . . . . . . . . . . . . . . . . . . . 7 2,500 8 Enter: $180,000 if married ling jointly; $90,000 if single, head of household, or qualifying widow(er) . . . . . . . . . . . . . 8 180,000 9 Enter the amount from Form 1040, line 38, or Form 1040A, line 22. If you are ling Form 2555, 2555-EZ, or 4563, or you are excluding income from Puerto Rico, see Pub. 970 for the amount to enter . . . . . . . . 9 105,000 10 Subtract line 9 from line 8. If zero or less, stop; you cannot take any education credit . . . . . . . . . . . . . . . . . . . . 10 75,000 11 Enter: $20,000 if married ling jointly; $10,000 if single, head of household, or qualifying widow(er) . . . . . . . . . . . . . . . . . 11 20,000 12 If line 10 is: • Equal to or more than line 11, enter 1.000 on line 12 . . . . . . . . . . . . . . . • Less than line 11, divide line 10 by line 11. Enter the result as a decimal (rounded to 12 1 . 000 at least three places) . . . . . . . . . . . . . . . . . . . . . } 13 Multiply line 7 by line 12. Caution: If you were under age 24 at the end of the year and meet the conditions on page 4 of the instructions, you cannot take the refundable American opportunity credit. Skip line 14, enter the amount from line 13 on line 15, and check this box . . 13 2,500 14 Refundable American opportunity credit. Multiply line 13 by 40% (.40). Enter the amount here and on Form 1040, line 66, or Form 1040A, line 40. Then go to line 15 below . . . . . . . . . 14 1,000 Part IV Nonrefundable Education Credits 15 Subtract line 14 from line 13 . . . . . . . . . . . . . . . . . . . . . . . 15 1,500 16 Enter the amount from line 6, if any. If you have no entry on line 6, skip lines 17 through 22, and enter the amount from line 15 on line 6 of the Credit Limit Worksheet (see instructions) . . . . 16 1,000 17 Enter: $122,000 if married ling jointly; $61,000 if single, head of household, or qualifying widow(er) . . . . . . . . . . . . . 17 122,000 18 Enter the amount from Form 1040, line 38, or Form 1040A, line 22. If you are ling Form 2555, 2555-EZ, or 4563, or you are excluding income from Puerto Rico, see Pub. 970 for the amount to enter . . . . . . . . 18 105,000 19 Subtract line 18 from line 17. If zero or less, skip lines 20 and 21, and enter zero on line 22 . . . . . . . . . . . . . . . . . . . . 19 17,000 20 Enter: $20,000 if married ling jointly; $10,000 if single, head of household, or qualifying widow(er) . . . . . . . . . . . . . . . . . 20 20,000 21 If line 19 is: • Equal to or more than line 20, enter 1.000 on line 21 and go to line 22 • Less than line 20, divide line 19 by line 20. Enter the result as a decimal (rounded to at least three places) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 . 850 22 Multiply line 16 by line 21. Enter here and on line 1 of the Credit Limit Worksheet (see instructions) 22 850 23 Nonrefundable education credits. Enter the amount from line 11 of the Credit Limit Worksheet (see instructions) here and on Form 1040, line 49, or Form 1040A, line 31 . . . . . . . . . 23 2,350 Form 8863 (2011) Page 78 Publication 970 (2011) |
Page 79 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Appendix B. Highlights of Education Tax Benefits for Tax Year 2011 This chart highlights some differences among the benefits discussed in this publication. See the text for definitions and details. Do not rely on this chart alone. Caution: You generally cannot claim more than one benefit for the same education expense. Scholarships, Fellowships, Grants, and Tuition American Lifetime Learning Student Loan Tuition and Fees Reductions Opportunity Credit Credit Interest Deduction Deduction What is your Amounts received Credits can reduce Credits can reduce Can deduct interest Can deduct benefit? may not be taxable the amount of tax amount of tax you paid expenses you have to pay. must pay 40% of the credit may be refundable (limited to $1,000 per student). What is the annual None $2,500 credit per $2,000 credit per tax $2,500 deduction $4,000 deduction limit? student return What expenses Course-related Course-related Amounts paid for Books None qualify besides expenses such as books, supplies, and required books, etc., Supplies tuition and required fees, books, equipment that must be paid to Equipment enrollment fees? supplies, and the educational equipment institution, etc., ARE Room & board required fees Transportation Other necessary expenses What education Undergraduate & Undergraduate and Undergraduate & Undergraduate & Undergraduate & qualifies? graduate graduate graduate graduate graduate K–12 Courses to acquire or improve job skills What are some of Must be in degree or Can be claimed for No other conditions Must have been at Cannot claim both the other vocational program only 4 tax years least half-time deduction & conditions that (which includes student in degree education credit for apply? Payment of tuition years Hope credit program same student in and required fees claimed) same year must be allowed under the grant 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. In what income No phaseout $80,000 – $90,000 $51,000 – $61,000 $60,000 – $75,000 $65,000 – $80,000 range do benefits phase out? $160,000 – $102,000 – $120,000 – $130,000 – $180,000 for joint $122,000 for joint $150,000 for $160,000 for returns returns joint returns joint returns (Continued) Publication 970 (2011) Page 79 |
Page 80 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Appendix B. Highlights of Education Tax Benefits for Tax Year 2011 (Continued) This chart highlights some differences among the benefits discussed in this publication. See the text for definitions and details. Do not rely on this chart alone. Caution: You generally cannot claim more than one benefit for the same education expense. Education Exception to Employer- Business Additional Tax Education Provided Deduction for Qualified Tuition on Early IRA Savings Bond Educational Work-Related Coverdell ESA† Program (QTP)† Distributions† Program† Assistance† Education What is your Earnings not Earnings not No 10% Interest not taxed Employer benefits Can deduct benefit? taxed taxed additional tax on not taxed expenses early distribution What is the $2,000 None Amount of Amount of $5,250 exclusion Amount of annual limit? contribution per qualified qualified qualifying beneficiary education education work-related expenses expenses education expenses What expenses Books Books Books Payments to Books Transportation qualify besides Supplies Supplies Supplies Coverdell ESA Supplies tuition and Equipment Equipment Equipment Equipment Travel required Payments to QTP enrollment fees? Expenses for Room & board if Room & board if Other necessary special needs at least half-time at least half-time expenses services student student Payments to QTP Expenses for Expenses for special needs special needs Higher education: services services Room & board if at least half-time Computer student technology, equipment, and Elem/sec (K–12) Internet access education: (2010) Tutoring Room & board Uniforms Transportation Computer access Supplementary expenses What education Undergraduate & Undergraduate & Undergraduate & Undergraduate & Undergraduate & Required by qualifies? graduate graduate graduate graduate graduate employer or law to keep present K–12 job, salary, status Maintain or improve job skills What are some Assets must be No other No other Applies only to No other Cannot be to of the other distributed at age conditions conditions qualified series conditions meet minimum conditions that 30 unless special EE bonds issued educational apply? needs beneficiary after 1989 or requirements of series I bonds present trade/ business Cannot qualify you for new trade/ business In what income $95,000 – No phaseout No phaseout $71,100 – No phaseout No phaseout range do $110,000 $86,100 benefits phase out? $190,000 – $106,650 – $220,000 for $136,650 for joint returns joint and qualifying widow(er) with a dependent child returns † Any nontaxable distribution is limited to the amount that does not exceed qualified education expenses. Page 80 Publication 970 (2011) |
Page 81 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Glossary Designated beneficiary: The individ- • Student loan interest The education benefits included in this ual named in the document creating deduction. Any college, publication were enacted over many the account/plan who is to receive the university, vocational school, or years, leading to a number of common benefit of the funds in the account/ other postsecondary educational terms being defined differently from plan. institution eligible to participate in one benefit to the next. For example, a student aid program an eligible educational institution Eligible educational institution: administered by the Department means one thing when determining if of Education. It includes virtually earnings from a Coverdell education • American opportunity credit. all accredited public, nonprofit, savings account are not taxable and Any college, university, vocational and proprietary (privately owned something else when determining if a school, or other postsecondary profit-making) postsecondary scholarship or fellowship is not tax- educational institution eligible to institutions. Also included is an able. participate in a student aid institution that conducts an For each term listed below that has Departmentprogram administeredof Education.by theIt leadinginternshiptoora degreeresidencyor certificateprogram more than one definition, the definition includes virtually all accredited from an institution of higher for each education benefit is listed. public, nonprofit, and proprietary education, a hospital, or a health (privately owned profit-making) care facility that offers Academic period: A semester, tri- postsecondary institutions. postgraduate training. mester,sion)studyas(suchquarter,reasonablyas aorsummerotherdeterminedperiodschoolofbyses-an • Coverdelluniversity,account (ESA).vocationaleducation Any college,school,savingsor • creditTuitionSame inasandthisAmericancategory.fees deduction.opportunity educational institution. If an educa- other postsecondary educational tional institution uses credit hours or institution eligible to participate in Eligible student: clock hours and does not have aca- a student aid program demic terms, each payment period administered by the Department • American opportunity credit. can be treated as an academic period. of Education. It includes virtually A student who meets all of the all accredited public, nonprofit, following requirements for the tax Adjusted qualified education ex- and proprietary (privately owned year for which the credit is being penses (AQEE): Qualified education profit-making) postsecondary determined. anyployer-providedexpensessuchtax-freeas a(definedtax-freeeducationaleducationalscholarshiplater)assistance,reducedassis-or em-by thatinstitutions.secondarypublic,(kindergartenprovidesprivate,educationAlsoelementarythroughorincludedreligiousgradeorisschoolany12), 1. DidwerecreditAmericannotusedinhaveanyopportunityto4expensesfigureearlierantaxorthatHope tance. They must also be reduced by as determined under state law. years. any qualified education expenses de- ducted elsewhere on your return, used • Education savings bond 2. Had not completed the first 4 to determine an education credit or program. Same as American years of postsecondary other benefit, or used to determine a opportunity credit in this category. education (generally thefreshman through senior tax-free distribution. For information • IRA, early distributions from. years). on a specific benefit, see the appropri- Same as American opportunity ate chapter in this publication. credit in this category. 3. For at least one academic period beginning in the tax Candidatewhoquirements.meetsforeithera degree:of the followingA studentre- • thisLifetimeasAmericancategory.learningopportunitycredit.credit Same in year,half-timeto a degree,wasinenrolledacertificate,programat leastleadingor • Qualified tuition program other recognized educational 1. Attends a primary or secondary (QTP). Same as American credential at an eligible school or pursues a degree at a opportunity credit in this category. educational institution. college or university, or • Scholarships and fellowships. 4. Was free of any federal or 2. Attends an accredited educa- An institution that maintains a state felony conviction for tionalto provide:institution that is authorized andenrolledregularnormallyfacultybodyhasofandstudentsacurriculumregularlyin endpossessingcontrolledof thesubstancetaxoryear.distributingas ofathe a. A program that is acceptable attendance at the place where it • Lifetime learning credit. for full credit toward a bache- carries on its educational A student who is enrolled in one lor’s or higher degree, or activities. or more courses at an eligible b. A program of training to pre- • Student loan, cancellation of. educational institution. pare students for gainful em- Same as Scholarships and ployment in a recognized fellowships in this category. occupation. Publication 970 (2011) Page 81 |
Page 82 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Student loan interest 5. Exclusion of income by bona Phaseout: The amount of credit or deduction. A student who was fide residents of Puerto Rico, deduction allowed is reduced when orenrolledprogrampostsecondaryother recognizedatleadingleastdegree,half-timeto aeducationalcertificate,in a 6. Exclusionadoptionreceived underassistancefor adoptionan employer’sprogram,benefits (MAGI)modifiedamountisofadjustedgreaterincome.thangrossaincomespecified credential at an eligible 7. Deduction for student loan Qualified education expenses: See educational institution. interest, pertinent chapter for specific items. • Tuition and fees deduction. 8. Deduction for tuition and fees, • American opportunity credit. A student who is enrolled in one and Tuition and certain related oreducationalmore coursesinstitution.at an eligible 9. Deductionproductionforactivities.domestic activityexpensesfees)(includingrequiredstudentfor enrollment or attendance at an Half-time student: A student who is • Lifetime learning credit. Same eligible educational institution. enrolled for at least half the full-time as American opportunity credit in Books, supplies, and equipment academic work load for the course of this category. needed for a course of study are study the student is pursuing, as deter- included even if not purchased mined under the standards of the • Student loan interest from the educational institution. school where the student is enrolled. deduction. Adjusted gross Does not include expenses for Modified(MAGI):adjusted gross income takingfederalincomeintoincome(AGI)accountastaxfiguredreturnany studentonwithoutthe roomincludeinvolvingandexpensessports,board.games,Doesfor coursesnotor • figuredAmericanreturn,Adjustedmodifiedongrosstheopportunityfederalincomeby addingincome(AGI)credit.backastax productionandloanand feesmodifiedinterestdeduction,activitiesdeduction,by addingordeduction,domestictuitionback any: program.courses)hobbiesstudent’s(includingthatpostsecondaryare notnoncreditpartdegreeof the any: 1. Foreign earned income • Coverdell education savings 1. Foreignexclusion,earned income 2. Foreignexclusion,housing exclusion, relatedaccountenrollmentto(ESA).ororrequiredattendance Expensesfor of the 2. Foreign housing exclusion, 3. Foreign housing deduction, designated beneficiary at an 3. Foreign housing deduction, 4. Exclusionfide residentsof incomeof Americanby bona postsecondaryeligible elementary,school.secondary,Many or 4. Exclusion of income by bona Samoa, and specialized expenses included for fide residents of American K–12. Also includes expenses for Samoa, and 5. Exclusion of income by bona special needs services and 5. Exclusion of income by bonafide residents of Puerto Rico. • Tuition and fees deduction.fide residents of Puerto Rico. program (QTP).contribution to qualified tuition • AmericanthisaccountCoverdellcategory.(ESA).opportunityeducation Samecreditsavingsas in Adjusteddomesticfiguredreturnany tuitionwithoutongrossproductiontheandtakingfederalfeesincomedeductionactivitiesintoincome(AGI)accountastaxor• eligibleEducationprogram.Alsorequiredincludeseducationalto Tuitionenrollsavingscontributionsatandinstitution.orbondfeesattendtoana • Education savings bond deduction, and modified by qualified tuition program (QTP) or program. Adjusted gross income adding back any: Coverdell education savings (AGI) as figured on the federal 1. Foreign earned income account (ESA). Does not include income tax return without taking exclusion, expenses for room and board. into account any savings bond Does not include expenses for interest exclusion and modified 2. Foreign housing exclusion, courses involving sports, games, by adding back any: 3. Foreign housing deduction, or hobbies that are not part of a 1. Foreignexclusion,earned income 4. Exclusionfide residentsof incomeof Americanby bona program.degree or certificate granting 2. Foreign housing exclusion, Samoa, and 3. Foreign housing deduction, 5. Exclusion of income by bona fide residents of Puerto Rico. 4. Exclusion of income by bona fide residents of American Samoa, Page 82 Publication 970 (2011) |
Page 83 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • IRA, early distributions from. • Scholarships and fellowships. Recapture: To include as income on Tuition, fees, books, supplies, Expenses for tuition and fees your current year’s return an amount and equipment required for required to enroll at or attend an allowed as a deduction in a prior year. enrollment or attendance at an eligible educational institution, To include as tax on your current eligible educational institution, and course-related expenses, year’s return an amount allowed as a plus certain limited costs of room such as fees, books, supplies, credit in a prior year. and board for students who are and equipment that are required enrolled at least half time. Also for the courses at the eligible Rollover: A tax-free distribution to includes expenses for special educational institution. Course- you of cash or other assets from a needs services incurred by or for related items must be required of tax-favored plan that you contribute to special needs students in all students in the course of another tax-favored plan. connection with their enrollment instruction. or attendance. • Student loan interest Transfer:tax-favored plan from one trustee di-A movement of funds in a • Lifetime learning credit. Tuition deduction. Total costs of rectly to another, either at your request and certain related expenses attending an eligible educational or at the trustee’s request. required for enrollment or institution, including graduate attendance at an eligible school (however, limitations may educational institution. apply to the cost of room and Student-activity fees and board allowed). expenses for course-related • Tuition and fees deduction. books, supplies, and equipment Tuition and certain related are included only if the fees and expenses required for enrollment expenses must be paid to the or attendance at an eligible institution as a condition of educational institution. enrollment or attendance. Does Student-activity fees and not include expenses for room expenses for course-related and board. Does not include books, supplies, and equipment expenses for courses involving are included only if the fees and sports, games, or hobbies expenses must be paid to the (including noncredit courses) that institution as a condition of are not part of the student’s enrollment or attendance. postsecondary degree program, unless taken by the student to acquire or improve job skills. • Qualified tuition program (QTP). Tuition, fees, books, supplies, and equipment required for enrollment or attendance at an eligible educational institution, plus certain limited costs of room and board for students who are enrolled at least half time. Includes expenses for special needs services and computer access. Publication 970 (2011) Page 83 |
Page 84 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Found unexpected <i1 range=“end”> tag on page “63”. The key for this range is “Education savings bond program”. 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. Armed Forces Health Professions Qualified tuition program............ 58 529 program (See Qualified tuition Scholarship and Financial Collapsed loans ..................... 32 program (QTP)) Assistance Program .............7,8 Comprehensive or bundled fees: Assistance (See Tax help) American opportunity credit ......... 13 Athletic scholarships ................. 6 Lifetime learning credit ............. 23 A Tuition and fees deduction .......... 40 Academic period: B Consolidated loans used to refinance American opportunity credit ......... 11 Bar review course ................... 68 student loans ...................... 32 Lifetime learning credit ............. 21 Bonds, education savings (See Conventions outside U.S. ........... 69 Student loan interest deduction ..... 31 Education savings bond program) Coverdell education savings account Tuition and fees deduction .......... 39 Business deduction for work-related (ESA) .......................45-54,51 Accountable plans ............... 70-71 education ....................... 65-72 Additional tax: Additional tax: Accountable plans ............... 70-71 On excess contributions ....... 48-49 Coverdell ESA: Adjustments to qualifying work-related On taxable distributions .......... 52 On excess contributions ....... 48-49 education expenses .............. 69 Assets to be distributed at age 30 or On taxable distributions .......... 52 Allocating meal reimbursements .... 70 death of beneficiary .............. 53 IRA distributions, education Deductible education Contribution limits ............... 47-48 exception ........................ 59 expenses ..................... 68-70 Figuring the limit (Worksheet Qualified tuition program (QTP), on Deducting business 7-2)............................ 48 taxable distributions .............. 58 expenses ..................... 71-72 Contributions to ................. 46-49 Adjusted qualified education expenses Double benefit not allowed.......... 69 Table 7-2 ........................ 47 (See Qualified education expenses) Education required by employer or by Coordination with American opportunity American opportunity credit: law............................... 65 and lifetime learning credits ...... 51 Adjustments to qualified education Education to maintain or improve Coordination with qualified tuition expenses ........................ 12 skills ............................. 65 program (QTP) ................... 51 Claiming dependent’s Education to meet minimum Defined ............................ 45 expenses ..................... 14-15 requirements .................. 66-67 Distributions ..................... 50-53 Tuition reduction ................. 15 Educationbusinessto......................qualify for new trade67-68orOverview (Table 7-3) ............. 50 Claiming the credit............ 9,11 16, Excess expenses, accountable Divorce, transfer due to ............. 50 Qualifying to claim (Figure plan........................... 70-71 Eligible educational institution....... 46 2-1)............................ 10 Indefinite absence .................. 66 Figuring taxable portion of Contrast to the lifetime learning Maintaining skills vs. qualifying for new distribution ....................... 50 credits ........................... 79 job ............................... 66 Worksheet 7-3 ................... 54 Coordination with Coverdell ESA Nonaccountable plans .............. 71 Figuring the taxable earnings in distributions ...................... 51 Nondeductible expenses ........... 68 required distribution .............. 53 Coordination with qualified tuition Qualified education Losses ............................. 52 program (QTP) distributions ...... 56 expenses ..................... 68-70 Modified adjusted gross income Eligible educational institution....... 11 Recordkeeping requirements ....... 72 (MAGI)........................... 47 Eligible student ..................... 14 Reimbursements, treatment Worksheet 7-1 ................... 48 Requirements (Figure 2-2)........ 13 of ............................. 70-71 Overview (Table 7-1) ............... 45 Expenses qualifying for ......... 11,12 Tax benefit of ...................... 65 Qualified education Figuring the credit .................. 15 Tax-free educational assistance .... 70 expenses ..................... 45-46 Income level, effect on amount of Teachers ....................... 67,68 Rollovers ........................... 49 credit ......................... 15-16 Temporary absence to acquire Tax benefit of ...................... 45 Income limits .................... 15-16 education ........................ 66 Taxable distributions............. 50-53 Modified adjusted gross income Transportation expenses ........ 68-69 Worksheet 7-3 to figure .......... 54 (MAGI)........................... 15 Travel expenses.................... 69 Tax-free distributions ............... 50 Worksheet 2-1 ................... 16 Transfers........................... 49 Overview of American opportunity C CPA review course .................. 68 credit (Table 2-1) .................. 9 Cancellation of student loan (See Credits: Phaseout........................... 16 Student loan cancellation) American opportunity (See American Qualified education expenses....... 11 Candidate for a degree: opportunity credit) Refunds ............................ 12 Scholarships and fellowships ........ 6 Lifetime learning (See Lifetime learning Repayment of credit ................ 17 Change of designated beneficiary: credit) Tax benefit of ....................... 9 Coverdell ESA...................... 49 Cruises, educational ................ 69 Page 84 Publication 970 (2011) |
Page 85 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. D Scholarships and fellowships ...... 6,8 Free tax services ....................74 Deductions (See Business deduction for Student loan cancellation ........... 36 Fulbright grants ...................... 7 work-related education) Student loan interest deduction ..... 31 DesignatedDisabilities,QualifiedImpairment-relatedCoverdellexpensestuitionESA..................beneficiary:persons........................programworkwith:(QTP) ....45,49555872, EligibleEligibleAmericanLifetimeCoverdellschool:TuitionStudentelementarystudent:andloanlearningopportunityESA......................feesinterestdeductioncreditordeductionsecondarycredit..................................... 1446313924 GGraduateGlossaryGrants:PellreductionFulbright........................................................education.......................................................tuition 3,81-83787 Distributions (See specific benefit) Tuition and fees deduction .......... 40 Title IV need-based education ....... 7 Divorce: Employees: CoverdellExpensesAmericanESApaidopportunitytransferunder decree:duecredit.......to ...... 1550 Deductingexpenseswork-related........................education 71 Half-timeH student: LifetimeTuition andlearningfees deductioncredit .................. 4124 Employer-providedassistance.........................educational 64 AmericanCoverdell opportunityESA......................credit ......... 4614 Double benefit not allowed: ESAsaccount (See(ESA)) Coverdell education savings StudentEarly distributionsloan interestfromdeductionIRAs ............. 5931 American opportunity credit ......... 12 Lifetime learning credit ............. 23 Estimated tax ......................... 2 Help (See Tax help) Student loan interest deduction ..... 33 Excess contributions: Coverdell ESA................... 48-49 Work-relatedTuition and feeseducationdeduction....................... 3969 Excessplan.............................expenses, accountable 70-71 IIllustrated example of education credits (Appendix A) ........... 76-77 Expenses (See specific benefit) Impairment-related work expenses: E Work-related education Early distributions from IRAs .... 59-60 F deduction ........................ 72 Eligible educational institution....... 59 Family members, beneficiary: Individual retirement arrangements Figuring amount not subject to 10% Coverdell ESA...................... 49 (IRAs) .............................. 45 tax ............................... 59 Qualified tuition program (QTP) ..... 58 Early distributions (See Early Qualified education expenses.......Reporting .......................... 5960 Fee-basis officials, work-related distributions from IRAs) education deduction ........... 71-72 Education IRA (See Coverdell education savings account (ESA)) Fellowships (See Scholarships and L Education loans (See Student loan fellowships) Lifetime learning credit .............. 20 interest deduction) Figures (See Tables and figures) Academic period ................... 21 Education savings account (See Financial aid (See Scholarships and Adjustments to qualified education Coverdell education savings account fellowships) expenses ........................ 23 (ESA)) Form 1098-E: Claiming dependent’s expenses .... 24 Education savings bond program: Student loan interest deduction .... 32, Tuition reduction ................. 24 Cashing in bonds tax free........ 61-62 33 Claiming the credit........... 20-21,25 Claiming dependent’s Form 1098-T: Qualifying to claim (Figure exemption........................ 62 American opportunity credit ......... 15 3-1)............................ 22 ClaimingFiguringEligibleIncomeModifiedPhaseout...........................exclusion.........................(MAGI)...........................educationallevel,tax-freeadjustedexclusioneffectamount............gross.................institution.......on amountincomeof626261626262FormFormFormCoverdellEarlyTuitionLifetimeQualified1099-Q:1099-R:2106distributionsandlearningtuition.......................ESA..................feesprogramdeductioncreditfrom.............IRAs(QTP).......................4869,,507160245641 ExpensesContrastEligibleCoordinationEligibleCoordinationdistributionsprogramcreditstudenteducational............................toqualifying(QTP)thewithwith......................American.....................distributionsqualifiedCoverdellinstitution.......for ..........opportunitytuitionESA......21-235179245621 Qualified education expenses....... 61 Form 2106-EZ.................... 69,71 Figuring the credit ............... 24-26 Educational assistance, Filled-in example ................... 73 Income level, effect on amount of employer-provided (See Form 5329: credit ............................ 25 Employer-provided educational Coverdell ESA...................... 53 Income limits ....................... 25 assistance) Early distributions from IRAs ........ 60 Modified adjusted gross income Eligible educational institution: Qualified tuition program (QTP) ..... 58 (MAGI)........................... 25 American opportunity credit ......... 11 Form 8815 ........................... 62 Worksheet 3-1 ................... 25 Cancellation of student loan ........ 36 Filled-in example ................... 63 Overview (Table 3-1) ............... 20 Coverdell ESA...................... 46 Form 8863: Phaseout........................... 25 Early distributions from IRAs ........ 59 American opportunity credit ......... 18 Qualified education Education savings bond Filled-in examples .......... 18,28 77, expenses ..................... 21-23 program.......................... 61 Lifetime learning credit ............. 28 Qualifying to claim (Figure 3-1) ..... 22 Lifetime learning credit ............. 21 Form 8917: Refunds ............................ 23 Qualified tuition program (QTP) ..... 55 Filled-in examples .................. 44 Repayment of credit ................ 25 Qualified tuition reduction ............ 8 Form W-9S................15,24 33, 41, Tax benefit of ...................... 20 Publication 970 (2011) Page 85 |
Page 86 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Loans: Education savings bond Lifetime learning credit ............. 25 Cancellation (See Student loan program ....................... 61 Tuition and fees deduction .......... 42 cancellation) Lifetime learning credit ........... 23 Recordkeeping requirements: Capitalized interest on student Qualified tuition program Work-related education ............. 72 loan..............................32 (QTP)..........................56 Refinanced student loans ....... 32,36 Origination fees on student loan .... 32 Student loan interest Refunds: Qualified education expenses paid with: deduction ...................... 31 American opportunity credit ......... 12 American opportunity credit....... 11 Tuition and fees deduction ....... 39 Lifetime learning credit ............. 23 Lifetime learning credit ........... 21 Work-related education........... 69 Tuition and fees deduction .......... 40 Student loan repayment American opportunity credit ...... 11-12 Reimbursements: assistance .................... 36-37 Coverdell ESA................... 45-46 Nondeductible expenses ........... 71 Losses, deducting: Early distributions from IRAs ........ 59 Work-related education .......... 70-71 Coverdell ESA...................... 52 Education savings bond Related persons: Qualified tuition program (QTP) ..... 57 program.......................... 61 Coverdell ESA...................... 49 Luxury water transportation ......... 69 Expenses not qualified:American opportunity credit...... 12, Qualified tuition program (QTP) ..... 58 14 Student loan interest deduction ..... 31 M Lifetime learning credit ........... 23 Repayment programs (See Student Mileage deduction for work-related Tuition and fees deduction ....... 40 loan repayment assistance) education...................... 65,69 Lifetime learning credit .......... 21-23 Reporting: Military academy cadets ............. 7 Qualified tuition program (QTP) ..... 55 American opportunity credit ......... 16 Missing children, photographs of .... 2 Scholarships and fellowships ........ 6 Coverdell ESA........... 48,49 51, 53, Modified adjusted gross income Student loan interest deduction ..... 31 Early distributions from IRAs ........ 60 (MAGI): Tuition and fees deduction ....... 38-40 Education savings bond American opportunity credit: Work-related education .......... 68-70 program.......................... 62 Worksheet 2-1 ................... 16 Qualified elementary and secondary Lifetime learning credit ............. 25 Coverdell ESA...................... 47 education expenses: Qualified tuition program (QTP) .... 56, Worksheet 7-1 ................... 48 Coverdell ESAs .................... 46 57,58 Education savings bond Qualified employer plans: Scholarships and fellowships, program.......................... 62 Student loan interest deduction not taxable............................ 7 Lifetime learning credit ............. 25 allowed .......................... 31 Student loan interest deduction ..... 34 Worksheet 3-1 ................... 25 Qualified student loans ........... 30-31 Tuition and fees deduction .......... 42 Student loan interest deduction ..... 34 Qualified tuition program Tuition reduction, taxable ............ 8 Table 4-2 ........................ 34 (QTP) ........................... 55-58 Work-related education Tuition and fees deduction .......... 41 Additional tax on taxable expenses ..................... 71-72 Table 6-2 ........................ 42 distributions ...................... 58 Revolving lines of credit, interest Worksheet 6-1 ................... 43 Change of designated on ................................. 32 More information (See Tax help) beneficiary ....................... 58 Rollovers: Contributions to .................... 55 Coverdell ESA...................... 49 Coordination with American opportunity Qualified tuition program (QTP) ..... 58 N and lifetime learning credits ...... 56 National Health Service Corps Coordination with Coverdell ESA Scholarship Program ............7,8 distributions ................... 56-57 S Nonaccountable plans: Coordination with tuition and fees Scholarships and fellowships ...... 5-7 Work-related education ............. 71 deduction ........................ 57 Athletic scholarships................. 6 Defined ............................ 55 Eligible educational institution...... 6,8 Eligible educational institution....... 55 Fellowship, defined .................. 5 P Figuring taxable portion of Figuring tax-free and taxable parts Pell grants ............................ 7 distribution .................... 56-57 (Worksheet 1-1) ................... 6 Performing artists, work-related Losses ............................. 57 Prize, scholarship won as............ 7 education deduction ........... 71-72 Qualified education expenses....... 55 Qualified education expenses........ 6 Phaseout: Rollovers ........................... 58 Reporting ........................... 7 American opportunity credit ......... 16 Tax benefit of ...................... 55 Scholarship, defined ................. 5 Education savings bond Taxability of distributions ........ 55-58 Tax treatment of (Table 1-1) ......... 6 program.......................... 62 Taxable earnings ................... 56 Taxable ........................... 6-7 Lifetime learning credit ............. 25 Transfers........................... 58 Tax-free ............................. 6 Student loan interest deduction ..... 34 Qualified tuition reduction ........... 8 Section 501(c)(3) organizations (See Prizes: Qualified U.S. savings bonds ....... 61 Student loan cancellation) Scholarships won as ................ 7 Qualifying work-related Section 529 program (See Qualified Publications (See Tax help) education ....................... 65-68 tuition program (QTP)) Determining if qualified (Figure Self-employed persons: 12-1)............................. 66 Deducting work-related education Q expenses ........................ 71 Qualified education expenses: Service academy cadets ............. 7 Adjustments to: R Sports, games, hobbies, and noncredit American opportunity credit....... 12 Recapture: courses: Coverdell ESA ................... 50 American opportunity credit ......... 17 American opportunity credit ......... 13 Page 86 Publication 970 (2011) |
Page 87 of 87 of Publication 970 13:55 - 21-MAR-2012 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Sports, games, hobbies, and noncredit Education credits: Expenses not qualifying for ......... 40 courses: (Cont.) Overview of American opportunity Expenses qualifying for .......... 38-40 Education savings bond credit (Table 2-1)................ 9 Figuring the deduction ........... 41-42 program.......................... 61 Overview of lifetime learning credit Income level, effect on amount of Lifetime learning credit ............. 23 (Table 3-1)..................... 20 deduction ........................ 41 Tuition and fees deduction .......... 40 Lifetime learning credit: Loan used to pay tuition and Standard mileage rate: Overview (Table 3-1) ............. 20 fees.............................. 39 Work-related education ......... 65,69 Qualifying to claim (Figure Modified adjusted gross income State prepaid education accounts 3-1)............................ 22 (MAGI)........................... 41 (See Qualified tuition program (QTP)) Scholarships and fellowships, taxability Table 6-2 ........................ 42 Student loan cancellation ........... 36 of (Table 1-1) ..................... 6 Worksheet 6-1 ................... 43 Eligible educational institution....... 36 Student loan interest deduction: Overview (Table 6-1) ............... 38 Section 501(c)(3) organizations ..... 36 MAGI, effect of (Table 4-2) ....... 34 Qualified education Student loan interest deduction: Overview (Table 4-1) ............. 30 expenses ..................... 38-40 Academic period ................... 31 Summary chart of differences between Qualifying for deduction ............ 38 Adjustments to qualified education education tax benefits (Appendix Refunds ............................ 40 expenses ........................ 31 B)................................ 77 Repayment of deduction ............ 42 Allocation between interest and Tuition and fees deduction: Tax benefit of ...................... 38 principal....................... 32-33 MAGI, effect of (Table 6-2) ....... 42 Tax-free educational assistance .... 39 Claiming the deduction ............. 34 Overview (Table 6-1) ............. 38 Tuition reduction: Eligible educational institution....... 31 Work-related education, qualifying American opportunity credit ......... 15 Eligible student ..................... 31 (Figure 12-1) ..................... 66 Lifetime learning credit ............. 24 Figuring the deduction ........... 33-34 Tax help ............................. 74 Qualified ............................ 8 Include as interest .................. 31 Taxable scholarships and Tuition and fees deduction .......... 41 Income level, effect on amount of fellowships ....................... 6-7 deduction ........................ 34 Tax-free educational assistance: U Loan repayment assistance......... 33 American opportunity credit ......... 12 U.S. savings bonds .................. 61 Modified adjusted gross income Coverdell ESA...................... 50 Unclaimed reimbursement: (MAGI)........................... 34 Early distributions from IRAs ........ 59 Work-related education ............. 68 Table 4-2 ........................ 34 Education savings bond Not included as interest............. 33 program.......................... 61 Overview (Table 4-1) ............... 30 Lifetime learning credit ............. 23 V Phaseout........................... 34 Qualified tuition program (QTP) ..... 56 Veterans’ benefits .................... 8 Qualified education expenses....... 31 Tuition and fees deduction .......... 39 Voluntary interest payments ........ 32 Qualified employer plans ........... 31 Work-related education ............. 70 Qualified student loans .......... 30-31 Taxpayer Advocate .................. 75 Reasonable period of time .......... 30 Teachers......................... 67,68 W Related persons .................... 31 Temporary-basis student, Withholding .......................... 3 Student loan interest, transportation expenses of ....... 68 Working condition fringe defined........................ 30-33 Title IV need-based education benefit ............................. 64 Third party interest payments ....... 33 grants .............................. 7 Work-related education (See Business When interest must be paid ......... 33 Transfers: deduction for work-related education) Worksheet 4-1...................... 35 Coverdell ESA...................... 49 Worksheets: Student loan repayment Qualified tuition program (QTP) ..... 58 American opportunity credit MAGI assistance ...................... 36-37 Transportation expenses: calculation (Worksheet 2-1)....... 16 Surviving spouse: Work-related education .......... 68-69 Coverdell ESA: Coverdell ESA transfer to ........... 53 Travel expenses: Contribution limit (Worksheet7-2)............................ 48 50% limit on meals ................. 69 MAGI, calculation of (Worksheet T Not deductible as form of 7-1)............................ 48 Tables and figures: education ........................ 69 Taxable distributions and basis American opportunity credit: Work-related education ............. 69 (Worksheet 7-3)................ 54 Eligible student requirements (Figure TTY/TDD information ................ 74 Lifetime learning credit MAGI 2-2)............................ 13 Tuition and fees deduction ....... 38-42 calculation (Worksheet 3-1)....... 25 Overview (Table 2-1) .............. 9 Academic period ................... 39 Scholarships and fellowships, taxable Qualifying to claim (Figure Adjustments to qualified education income (Worksheet 1-1) ........... 6 2-1)............................ 10 expenses ..................... 39-40 Student loan interest deduction Comparison of education tax benefits Can you claim the deduction ........ 38 (Worksheet 4-1) .................. 35 (Appendix B) ..................... 77 Claiming dependent’s expenses .... 40 Tuition and fees deduction, MAGI Coverdell ESAs: Claiming the deduction ............. 42 calculation (Worksheet 6-1)....... 43 Contributions to (Table 7-2) ...... 47 Coordination with qualified tuition Distributions (Table 7-3) .......... 50 program (QTP) distributions ...... 57 Overview (Table 7-1) ............. 45 Double benefit not allowed.......... 39 Eligible educational institution....... 39 Eligible student ..................... 40 Publication 970 (2011) Page 87 |