Zaher Fallahi, Tax Attorney, CPA, IRS Reminder; Check Out College Tax Credits

WASHINGTON, Sept. 29, 2016

With another school year now in full swing, the IRS today reminded parents and students that now the time to see if they qualify for either of two college tax credits or other education-related tax benefits when filing their 2016 federal income tax returns.

In general, the American Opportunity Tax Credit or Lifetime Learning Tax Credit American Opportunity Tax Credit or Lifetime Learning Credit is available to taxpayers who pay qualifying expenses for an eligible student.  Eligible students include the taxpayer, spouse and dependents. The American Opportunity Tax Credit provides a tax credit for each eligible student, while the Lifetime Learning Credit provides a maximum credit per tax return.

Though a taxpayer often qualifies for both of these tax credits, he or she can only claim one of them for a particular student in a particular year. To claim tax these credits on their tax return, the taxpayer must file Form 1040 or 1040A and complete Form 8863, Education Credits.

The credits apply to eligible students enrolled in an eligible college, university or vocational school, including both nonprofit and for-profit institutions. The credits are subject to income limits that could reduce the amount taxpayers can claim on their tax return.

To help determine eligibility for these benefits, taxpayers should visit the Education Credits Web page or use the IRS’s Interactive Tax Assistant tool. Both are available on IRS.gov.

Normally, a student will receive a Form 1098 from their educational institution by January 31 of the following year. This form will show information about tuition paid or billed along with other information. However, amounts shown on this form may differ from amounts taxpayers are eligible to claim for these tax credits. Taxpayers should see the instructions to Form 8863 and Publication 970 for additional information on properly figuring allowable tax benefits.

Many of those eligible for the American Opportunity Tax Credit qualify for the maximum annual credit of $2,500 per student. Students can claim this credit for qualified education expenses paid during the entire tax year for a certain number of years:

1- The tax credit is only available for four tax years per eligible student.

2- The tax credit is available only if the student has not completed the first four years of postsecondary education before 2016.

Here are some more key features of the credit:

1- Qualified Education Expenses are amounts paid for tuition, fees and other related expenses for an eligible student. Other expenses, such as room and board, are not qualified expenses.

2- The credit equals 100 percent of the first $2,000 spent and 25 percent of the next $2,000. That means the full $2,500 credit may be available to a taxpayer who pays $4,000 or more in qualified expenses for an eligible student.

3- Forty percent of the American Opportunity Tax Credit is refundable. This means that even people who owe no tax can get a payment of up to $1,000 for each eligible student.

4- The full credit can only be claimed by taxpayers whose modified adjusted gross income (MAGI) is $80,000 or less. For married couples filing a joint return, the limit is $160,000. The credit is phased out for taxpayers with incomes above these levels. No credit can be claimed by joint filers whose MAGI is $180,000 or more and singles, heads of household and some widows and widowers whose MAGI is $90,000 or more.

The Lifetime Learning Credit of up to $2,000 per tax return is available for both graduate and undergraduate students. Unlike the American Opportunity Tax Credit, the limit on the Lifetime Learning Credit applies to each tax return, rather than to each student. Also, the Lifetime Learning Credit does not provide a benefit to people who owe no tax.

Though the half-time student requirement does not apply to the lifetime learning credit, the course of study must be either part of a post-secondary degree program or taken by the student to maintain or improve job skills. Other features of the credit include:

1- Tuition and fees required for enrollment or attendance qualify as do other fees required for the course. Additional expenses do not.

2- The credit equals 20 percent of the amount spent on eligible expenses across all students on the return. That means the full $2,000 credit is only available to a taxpayer who pays $10,000 or more in qualifying tuition and fees and has sufficient tax liability.

3- Income limits are lower than under the American Opportunity Tax Credit. For 2016, the full credit can be claimed by taxpayers whose MAGI is $55,000 or less. For married couples filing a joint return, the limit is $111,000. The credit is phased out for taxpayers with incomes above these levels. No credit can be claimed by joint filers whose MAGI is $131,000 or more and singles, heads of household and some widows and widowers whose MAGI is $65,000 or more.

Eligible parents and students can get the benefit of these credits during the year by having less tax taken out of their paychecks. They can do this by filling out a new Form W-4 with their employer to claim additional withholding allowances.

There are a variety of other education-related tax benefits that can help many taxpayers. They include:

1- Scholarship and fellowship grants — generally tax-free if used to pay for tuition, required enrollment fees, books and other course materials, but taxable if used for room, board, research, travel or other expenses.

2- Tuition and fees deduction claimed on Form 8917 — for some, a worthwhile alternative to the American Opportunity Tax Credit or Lifetime Learning Credit.

3- Student loan interest deduction of up to $2,500 per year.

Savings bonds used to pay for college — though income limits apply, interest is usually tax-free if bonds were purchased after 1989 by a taxpayer who, at time of purchase, was at least 24 years old.

4- Qualified tuition programs, also called 529 college plans — used by many families to prepay or save for a child’s college education.

5- Taxpayers with qualifying children who are students up to age 24 may be able to claim a dependent exemption and the Earned Income Tax Credit.

Zaher Fallahi, Tax Attorney, CPA, advises taxpayers with their IRS representation, disclosing undeclared foreign bank accounts; Offshore Voluntary Disclosure Program (OVDP), Report of Foreign Bank & Financial Accounts (FBAR), Foreign Account Tax Compliance Act (FATCA). Telephones:  (310) 719-1040 (Los Angeles), ( 714) 546-4272 (Orange County) or e-mail taxattorney@zfcpa.com