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Tax
Benefits for Education: Information Center
Dec.
14, 2011
There is a variety of tax credits,
deductions and savings plans available to taxpayers
to assist with the expense of higher education.
A tax
credit reduces the amount of income tax you may have
to pay.
A deduction reduces the amount of your income
that is subject to tax, thus generally reducing the
amount of tax you may have to pay.
Certain savings plans allow the accumulated
interest to grow tax-free until money is taken out
(known as a distribution), or allow the distribution
to be tax-free, or both.
An exclusion from income means that you won't
have to pay income tax on the benefit you're receiving,
but you also won't be able to use that same tax-free
benefit for a deduction or credit.
Credits
American Opportunity Credit
Under the American Recovery
and Reinvestment Act (ARRA), more parents and students
qualify for a tax credit, the American opportunity
credit, to pay for college expenses.
The American opportunity credit
originally modified the existing Hope credit for tax
years 2009 and 2010, and was later extended for an
additional two years 2011 and 2012, making
the benefit available to a broader range of taxpayers,
including many with higher incomes and those who owe
no tax. It also adds required course materials to
the list of qualifying expenses and allows the credit
to be claimed for four post-secondary education years
instead of two. Many of those eligible qualify for
the maximum annual credit of $2,500 per student.
The full credit is available
to individuals whose modified adjusted gross income
is $80,000 or less, or $160,000 or less for married
couples filing a joint return. The credit is phased
out for taxpayers with incomes above these levels.
These income limits are higher than under the existing
Hope and lifetime learning credits.
Special rules applied to students
attending college in a Midwestern disaster area for
tax-year 2009, only, when taxpayers could choose to
claim either a special expanded Hope credit of up
to $3,600 for the student or the regular American
opportunity credit.
Hope Credit
The Hope credit generally applies
to 2008 and earlier tax years. It helps parents and
students pay for post-secondary education. The Hope
credit is a nonrefundable credit. This means that
it can reduce your tax to zero, but if the credit
is more than your tax the excess will not be refunded
to you. The Hope credit you are allowed may be limited
by the amount of your income and the amount of your
tax.
The Hope credit is for the
payment of the first two years of tuition and related
expenses for an eligible student for whom the taxpayer
claims an exemption on the tax return. Normally, you
can claim tuition and required enrollment fees paid
for your own, as well as your dependents college
education. The Hope credit targets the first two years
of post-secondary education, and an eligible student
must be enrolled at least half time.
Generally, you can claim the
Hope credit if all three of the following requirements
are met:
You pay qualified
education expenses of higher education.
You pay the education expenses for an eligible
student.
The eligible student is either yourself,
your spouse or a dependent for whom you claim an
exemption on your tax return.
You cannot take both an education
credit and a deduction for tuition and fees (see Deductions,
below) for the same student in the same year. In some
cases, you may do better by claiming the tuition and
fees deduction instead of the Hope credit.
Lifetime Learning Credit
The lifetime learning credit
helps parents and students pay for post-secondary
education.
For the tax year, you may be
able to claim a lifetime learning credit of up to
$2,000 for qualified education expenses paid for all
students enrolled in eligible educational institutions.
There is no limit on the number of years the lifetime
learning credit can be claimed for each student. However,
a taxpayer cannot claim both the Hope or American
opportunity credit and lifetime learning credits for
the same student in one year. Thus, the lifetime learning
credit may be particularly helpful to graduate students,
students who are only taking one course and those
who are not pursuing a degree.
Generally, you can claim the
lifetime learning credit if all three of the following
requirements are met:
You
pay qualified education expenses of higher education.
You pay the education expenses for an eligible
student.
The eligible student is either yourself, your
spouse or a dependent for whom you claim an exemption
on your tax return.
If youre eligible to
claim the lifetime learning credit and are also eligible
to claim the Hope or American opportunity credit for
the same student in the same year, you can choose
to claim either credit, but not both.
If you pay qualified education
expenses for more than one student in the same year,
you can choose to take credits on a per-student, per-year
basis. This means that, for example, you can claim
the Hope or American opportunity credit for one student
and the lifetime learning credit for another student
in the same year.
Deductions
Tuition and Fees Deduction
You may be able to deduct qualified
education expenses paid during the year for yourself,
your spouse or your dependent. You cannot claim this
deduction if your filing status is married filing
separately or if another person can claim an exemption
for you as a dependent on his or her tax return. The
qualified expenses must be for higher education.
The tuition and fees deduction
can reduce the amount of your income subject to tax
by up to $4,000. This deduction, reported on Form
8917, Tuition and Fees Deduction, is taken as an adjustment
to income. This means you can claim this deduction
even if you do not itemize deductions on Schedule
A (Form 1040). This deduction may be beneficial to
you if, for example, you cannot take the lifetime
learning credit because your income is too high.
You may be able to take one
of the education credits for your education expenses
instead of a tuition and fees deduction. You can choose
the one that will give you the lower tax.
Generally, you can claim the
tuition and fees deduction if all three of the following
requirements are met:
You
pay qualified education expenses of higher education.
You pay the education expenses for an eligible
student.
The eligible student is yourself, your spouse,
or your dependent for whom you claim an exemption
on your tax return.
You cannot claim the tuition
and fees deduction if any of the following apply:
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 the deduction even if the other person does not
actually claim that exemption.
Your modified adjusted gross income (MAGI)
is more than $80,000 ($160,000 if filing a joint return).
You were a nonresident alien for any part of
the year and did not elect to be treated as a resident
alien for tax purposes. More information on nonresident
aliens can be found in Publication 519, U.S. Tax Guide
for Aliens.
You or anyone else claims an education credit
for expenses of the student for whom the qualified
education expenses were paid.
Student-activity fees and expenses
for course-related books, supplies and equipment are
included in qualified education expenses only if the
fees and expenses must be paid to the institution
as a condition of enrollment or attendance.
Student Loan Interest Deduction
Generally, personal interest
you pay, other than certain mortgage interest, is
not deductible on your tax return. However, if your
modified adjusted gross income (MAGI) is less than
$75,000 ($150,000 if filing a joint return), there
is a special deduction allowed for paying interest
on a student loan (also known as an education loan)
used for higher education. Student loan interest is
interest you paid during the year on a qualified student
loan. It includes both required and voluntary interest
payments.
For most taxpayers, MAGI is
the adjusted gross income as figured on their federal
income tax return before subtracting any deduction
for student loan interest. This deduction can reduce
the amount of your income subject to tax by up to
$2,500.
The student loan interest deduction
is taken as an adjustment to income. This means you
can claim this deduction even if you do not itemize
deductions on Form 1040's Schedule A.
Qualified Student Loan
This is a loan you took out
solely to pay qualified education expenses (defined
later) that were:
For
you, your spouse, or a person who was your dependent
when you took out the loan.
Paid or incurred within a reasonable period
of time before or after you took out the loan.
For education provided during an academic period
for an eligible student.
Loans from the following sources
are not qualified student loans:
A related
person.
A qualified employer plan.
Qualified Education Expenses
For purposes of the student
loan interest deduction, these expenses are the total
costs of attending an eligible educational institution,
including graduate school. They include amounts paid
for the following items:
Tuition
and fees.
Room and board.
Books, supplies and equipment.
Other necessary expenses (such as transportation).
The cost of room and board
qualifies only to the extent that it is not more than
the greater of:
The
allowance for room and board, as determined by the
eligible educational institution, that was included
in the cost of attendance (for federal financial aid
purposes) for a particular academic period and living
arrangement of the student, or
The actual amount charged if the student is
residing in housing owned or operated by the eligible
educational institution.
Business Deduction for Work-Related
Education
If you are an employee and
can itemize your deductions, you may be able to claim
a deduction for the expenses you pay for your work-related
education. Your deduction will be the amount by which
your qualifying work-related education expenses plus
other job and certain miscellaneous expenses is greater
than 2% of your adjusted gross income. An itemized
deduction may reduce the amount of your income subject
to tax.
If you are self-employed, you
deduct your expenses for qualifying work-related education
directly from your self-employment income. This may
reduce the amount of your income subject to both income
tax and self-employment tax.
Your work-related education
expenses may also qualify you for other tax benefits,
such as the tuition and fees deduction and the Hope
and lifetime learning credits. You may qualify for
these other benefits even if you do not meet the requirements
listed above.
To claim a business deduction
for work-related education, you must:
Be working.
Itemize your deductions on Schedule A (Form
1040 or 1040NR) if you are an employee.
File Schedule C (Form 1040), Schedule C-EZ
(Form 1040), or Schedule F (Form 1040) if you are
self-employed.
Have expenses for education that meet the requirements
discussed under Qualifying Work-Related Education,
below.
Qualifying Work-Related
Education
You can deduct the costs of
qualifying work-related education as business expenses.
This is education that meets at least one of the following
two tests:
The
education is required by your employer or the law
to keep your present salary, status or job. The required
education must serve a bona fide business purpose
of your employer.
The education maintains or improves skills
needed in your present work.
However, even if the education
meets one or both of the above tests, it is not qualifying
work-related education if it:
Is needed
to meet the minimum educational requirements of your
present trade or business or
Is part of a program of study that will qualify
you for a new trade or business.
You can deduct the costs of
qualifying work-related education as a business expense
even if the education could lead to a degree.
Education Required by Employer
or by Law
Education you need to meet
the minimum educational requirements for your present
trade or business is not qualifying work-related education.
Once you have met the minimum educational requirements
for your job, your employer or the law may require
you to get more education. This additional education
is qualifying work-related education if all three
of the following requirements are met.
It is
required for you to keep your present salary, status
or job.
The requirement serves a business purpose of
your employer.
The education is not part of a program that
will qualify you for a new trade or business.
When you get more education
than your employer or the law requires, the additional
education can be qualifying work-related education
only if it maintains or improves skills required in
your present work.
Education to Maintain or
Improve Skills
If your education is not required
by your employer or the law, it can be qualifying
work-related education only if it maintains or improves
skills needed in your present work. This could include
refresher courses, courses on current developments
and academic or vocational courses.
Savings Plans
529 Plans
States sponsor 529 plans
qualified tuition programs authorized under section
529 of the Internal Revenue Code that allow
taxpayers to either prepay or contribute to an account
for paying a student's qualified higher education
expenses. Similarly, colleges and groups of colleges
sponsor 529 plans that allow them to prepay a student's
qualified education expenses. These 529 plans have,
in recent years, become a popular way for parents
and other family members to save for a childs
college education. Though contributions to 529 plans
are not deductible, there is also no income limit
for contributors.
529 plan distributions are
tax-free as long as they are used to pay qualified
higher education expenses for a designated beneficiary.
Qualified expenses include tuition, required fees,
books and supplies. For someone who is at least a
half-time student, room and board also qualify.
For 2009 and 2010, an ARRA
change to tax-free college savings plans and prepaid
tuition programs added to this list expenses for computer
technology and equipment or Internet access and related
services to be used by the student while enrolled
at an eligible educational institution. Software designed
for sports, games or hobbies does not qualify, unless
it is predominantly educational in nature. In general,
expenses for computer technology are not qualified
expenses for the American opportunity credit, Hope
credit, lifetime learning credit or tuition and fees
deduction.
Coverdell Education Savings Account
This account was created as
an incentive to help parents and students save for
education expenses. Unlike a 529 plan, a Coverdell
ESA can be used to pay a students eligible k-12
expenses, as well as post-secondary expenses. On the
other hand, income limits apply to contributors, and
the total contributions for the beneficiary of this
account cannot be more than $2,000 in any year, no
matter how many accounts have been established. A
beneficiary is someone who is under age 18 or is a
special needs beneficiary.
Contributions to a Coverdell
ESA are not deductible, but amounts deposited in the
account grow tax free until distributed. The beneficiary
will not owe tax on the distributions if they are
less than a beneficiarys qualified education
expenses at an eligible institution. This benefit
applies to qualified higher education expenses as
well as to qualified elementary and secondary education
expenses.
Here are some things to remember
about distributions from Coverdell accounts:
Distributions
are tax-free as long as they are used for qualified
education expenses, such as tuition and fees, required
books, supplies and equipment and qualified expenses
for room and board.
There is no tax on distributions if they are
for enrollment or attendance at an eligible educational
institution. This includes any public, private or
religious school that provides elementary or secondary
education as determined under state law. Virtually
all accredited public, nonprofit and proprietary (privately
owned profit-making) post-secondary institutions are
eligible.
Education tax credits can be claimed in the
same year the beneficiary takes a tax-free distribution
from a Coverdell ESA, as long as the same expenses
are not used for both benefits.
If the distribution exceeds qualified education
expenses, a portion will be taxable to the beneficiary
and will usually be subject to an additional 10% tax.
Exceptions to the additional 10% tax include the death
or disability of the beneficiary or if the beneficiary
receives a qualified scholarship.
Scholarships and
Fellowships
A scholarship is generally
an amount paid or allowed to, or for the benefit of,
a student at an educational institution to 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. Generally,
whether the amount is tax free or taxable depends
on the expense paid with the amount and whether you
are a degree candidate.
A scholarship or fellowship
is tax free only if you meet the following conditions:
You are a candidate for a
degree at an eligible educational institution.
You use the scholarship or fellowship to pay qualified
education expenses.
Qualified Education Expenses
For purposes of tax-free scholarships
and fellowships, these are expenses for:
Tuition and fees required
to enroll at or attend an eligible educational institution.
Course-related expenses, such as fees, books, supplies,
and equipment that are required for the courses at
the eligible educational institution. These items
must be required of all students in your course of
instruction.
However, in order for these
to be qualified education expenses, the terms of the
scholarship or fellowship cannot require that it be
used for other purposes, such as room and board, or
specify that it cannot be used for tuition or course-related
expenses.
Expenses that Dont
Qualify
Qualified education expenses
do not include the cost of:
Room
and board.
Travel.
Research.
Clerical help.
Equipment and other expenses that are not required
for enrollment in or attendance at an eligible educational
institution.
This is true even if the fee
must be paid to the institution as a condition of
enrollment or attendance. Scholarship or fellowship
amounts used to pay these costs are taxable.
Exclusions from
Income
You may exclude certain educational
assistance benefits from your income. That means that
you wont have to pay any tax on them. However,
it also means that you cant use any of the tax-free
education expenses as the basis for any other deduction
or credit, including the Hope credit and the lifetime
learning credit.
Employer-Provided Educational
Assistance
If you receive educational
assistance benefits from your employer under an educational
assistance program, you can exclude up to $5,250 of
those benefits each year. This means your employer
should not include the benefits with your wages, tips,
and other compensation shown in box 1 of your Form
W-2.
Educational Assistance Program
To qualify as an educational
assistance program, the plan must be written and must
meet certain other requirements. Your employer can
tell you whether there is a qualified program where
you work.
Educational Assistance Benefits
Tax-free educational assistance
benefits include payments for tuition, fees and similar
expenses, books, supplies, and equipment. The payments
may be for either undergraduate- or graduate-level
courses. The payments do not have to be for work-related
courses. Educational assistance benefits do not include
payments for the following items.
Meals, lodging, or
transportation.
Tools or supplies (other than textbooks)
that you can keep after completing the course of
instruction.
Courses involving sports, games, or hobbies
unless they:
Have
a reasonable relationship to the business of your
employer, or
Are required as part of a degree program.
Benefits over $5,250
If your employer pays more
than $5,250 for educational benefits for you during
the year, you must generally pay tax on the amount
over $5,250. Your employer should include in your
wages (Form W-2, box 1) the amount that you must include
in income.
Working Condition Fringe
Benefit
However, if the benefits over
$5,250 also qualify as a working condition fringe
benefit, your employer does not have to include them
in your wages. A working condition fringe benefit
is a benefit which, had you paid for it, you could
deduct as an employee business expense.
Page
Last Reviewed or Updated: December 14, 2011
Toscano & Ardito,
P.C.
40 Bayfield Drive
North Andover, MA 01845
Tel. 978-688-2880
Fax 978-688-2759
Contact Us:
info@tandacpa.com
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