Education Tax Credits: What You Need to Know

It’s back-to-school season, so what better time to talk education tax credits? Taxpayers claiming the credits are often flagged by the IRS, usually due to a simple-to-fix form mismatch.

There are two education tax credits that students—and parents of students—can claim: The American Opportunity Tax Credit (AOTC) and the Lifetime Learning Credit (LLC). The IRS offers a comparison chart of the two here. In short, the AOTC offers up to $2,500 credit per eligible student and is available for up to four years of post-secondary education in pursuit of a degree. In other words, it’s designed to help fund a traditional undergraduate education. The LLC offers up to $2,000 per tax return (not per student), but it applies to a broader range of education and training, including courses to acquire or improve job skills.

Now, here’s where claiming these education tax credits can earn you a closer look by the IRS:

  • The credits are only available for taxpayers with a modified adjusted gross income (MAGI) under $180,000 or $90,000 for single, head of household, or qualifying widow(er).
  • OK, you might think: Can the student claim it themselves? No, not if you’re still claiming them as a dependent on your tax return.
  • You can claim both AOTC and LLC benefits on the same return but not for the same student or the same qualified expenses.
  • If a previous-year claim for the AOTC was disallowed, Form 8862needs to be filed before claiming the credit in future tax years.
  • Also, for the AOTC, the student must attend at least half-time for an entire academic period and be confirmed as an undergraduate.

The most common AOTC trigger happens when the educational institution’s Form 1098-T (Tuition Statement) doesn’t align with the taxpayer’s claim for a reason above or another reason. Sometimes, it’s due to an error by the institution (including the student’s legal name or Social Security Number being wrong), but more often, the taxpayer is claiming credit for expenses that don’t qualify, or they’ve exceeded the four-year allowance.

We’ve even heard about nefarious tax preparers who convince their clients to take the credits when they know they don’t qualify. One such tax preparer was recently prosecuted and is awaiting sentencing in Pennsylvania for aiding and assisting the filing of over $800,000 in false education tax credits.

The tactic might date back to the start of the AOTC around tax year 2010, when as many as 2.1 million taxpayers erroneously claimed $3.2 billion in education tax credits. According to a report by the Treasury Inspector General for Tax Administration, more than 370,900 ineligible individuals earned an estimated $550 million in credits despite not attending classes for the required time or because they were ineligible postgraduate students. Another 63,700 taxpayers received $88.4 million in credits while also being claimed as a dependent or spouse on another person’s tax returns, and even 250 prisoners took advantage of the tax credit and erroneously earned a total of $255,879.

These days, the IRS states that it uses an automated system to flag and select income tax returns for examinations that show incorrect amounts. Your first indication of a problem will be a letter from the IRS stating that, for instance, Form 1098-T verifying the student’s enrollment is missing or additional information is needed to support the amounts of qualified expenses you reported. Copies of paid receipts, canceled checks, or other documents may be required.

What if you’re contributing to a grandchild’s education expenses? Tax-savings opportunities abound in these situations. If you’re contributing to a student’s education who is not your dependent, you cannot take the education tax credits yourself. But here’s the good news: THEY can take it. The IRS allows third-party payments of qualified education expenses to be considered “paid” by the student. So even if your MAGI exceeds the $180,000 (or $90,000) limit, your contribution may still qualify under their adjusted income.

For your tax savings, it’s worth jumping through a few hoops to ensure your education contributions are gift-tax-free. If the money is submitted straight to the college and is for tuition, it will typically fall outside of gift tax restrictions. Feel free to contact us with questions.

Photo from 123rf.com

September 26, 2023

Client Spotlight

What happens when you combine a passion for creating, a knack for business, and deep family values? For Scott Klingler, owner of MergeWorks, it resulted…
San Antonio native Mark Lopez can’t recall a time he didn’t envision himself following the footsteps of his father, a project manager, into the construction…
If you’re a San Antonian, you may not want to imagine your weekend without brunch at the city’s beloved Magnolia Pancake Haus….
Greg Thompson has long respected money and how it can catalyze greater things….
Land surveyors aren’t known for exceptional customer service. But why shouldn’t they be? David Breaux set out in 1998 to prove that treating customers right…
When Lance Rose sees a business need, he fills it. That’s how he and Terri, his wife of 30 years, have evolved into the proud…
Matt and Lara Bruhn met while in graduate school at Harvard. He served as an officer and F-15C pilot with the U.S. Air Force….
Growing up in Piedras Negras, Coahuila, Mexico—just south of Texas along the Rio Grande—Oscar E. Flores dreamed of becoming a designer….
Joseph Lukowski has worked tirelessly serving others his entire life….
Before Bart Bonham called American Dream Vacations to ask about adding his family’s RV to their fleet, he never suspected he’d be a…..
Mark Keatts was at the top of his game selling electronic packaging solutions when he was forced to shift gears. It was the late 1980s…
When a friend handed Robert Fleming a family recipe for buttermilk pancakes nearly 30 years ago, he never anticipated how much that recipe……

Blogs and Articles

How the New SALT Cap Affects Texas Pass-Through Businesses

How the One Big Beautiful Bill Act substantially changed the SALT Cap rules for Texas pass-through businesses....

How the New SALT Cap Affects Texas Pass-Through Businesses

Read More

Small Business Tax Breaks Back on the Table

How does the latest federal tax bill enhance small business tax breaks?...

Small Business Tax Breaks Back on the Table

Read More

IRS Crackdown on Millionaires Is a Sweeping Success

By ramping up enforcement on high-income earners, the IRS has recovered over $500B in back taxes from millionaires. What does this mean for the future...

IRS Crackdown on Millionaires Is a Sweeping Success

Read More

Four New Tax Breaks Worth Getting Right

Learn four new tax breaks that can help qualified individuals maximize this year's tax refund....

Four New Tax Breaks Worth Getting Right

Read More

AI Versus Forensic Accountants in Early Discovery

Can AI and Forensic Accounting be used in tandem? Learn the answer, and why early involvement is key to success....

AI Versus Forensic Accountants in Early Discovery

Read More

Should I Use AI Tax Advice?

AI tax advice is everywhere. You may be getting AI answers to your tax questions online or in chatbots without even knowing it. What are...

Should I Use AI Tax Advice?

Read More

New Excise Tax on Sending Money Abroad

If you're a small business paying for transfers with cash, money orders, or cashier’s checks, a 1% excise tax will be added to your transactions...

New Excise Tax on Sending Money Abroad

Read More

Employee Fraud: Hard Truths for Small Businesses

Small businesses are often the target of employee fraud. Forensic accountants share three hard truths they may be ignoring about their employees....

Employee Fraud: Hard Truths for Small Businesses

Read More

Turning Last Year’s Business Losses into Tax Opportunities

Have 2025 business losses? They may become NOL carryforwards that can offset up to 80% of taxable income in future profitable years....

Turning Last Year’s Business Losses into Tax Opportunities

Read More

IRS Math Errors Bill: What It Means

The IRS math errors bill will finally shed light on what exactly the IRS decided to correct on your math homework and how long you...

IRS Math Errors Bill: What It Means

Read More

Preparing a Rebuttal Report for When the Math Doesn’t Math

Learn three essentials for writing an effective forensic accounting rebuttal report that stands up in court....

Preparing a Rebuttal Report for When the Math Doesn’t Math

Read More

Maximizing Catch-Up Contributions Before Retirement

If you're 50 or older, these tips can help you max out your retirement contributions and lower your tax bill....

Maximizing Catch-Up Contributions Before Retirement

Read More

How the IRS Audits With AI

America's AI Action Plan emphasizes rapid deployment of AI across federal agencies. Learn how this impacts the IRS and taxpayers....

How the IRS Audits With AI

Read More

Bankler Partners’ Year in Review

As the year comes to a close, we reflect on the milestones, achievements, growth and connections that have made 2025 truly memorable....

Bankler Partners’ Year in Review

Read More

Texas Franchise Tax Reminders 

Texas has changed the rules for franchise tax. To be sure you're covered, review these remaining requirements....

Texas Franchise Tax Reminders 

Read More

Now Accepting New Clients

Let’s Start the Conversation

Let’s take a look at your finances together. We offer a complimentary 1-hour call to review your past tax returns. If we see a way to help you, we will.

Want to receive tax strategies and tips direct to your inbox?

Name(Required)