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

In the eyes of the IRS, student-athletes landing NIL deals are now self-run businesses. Learn the tax implications and four golden rules critical to their…
Disputes in closely held businesses rarely stem from simple math errors. Instead, they arise from “creative” accounting that obscures the business’s true economic reality….
While you might not be signing an addendum with the Acting Attorney General, you CAN use closing agreements and statutes of limitation to create your…
When building wealth in Texas, poor planning can result in hefty taxation as you earn your way to the top….
A new precedent is forming in the tax courts that can cost even innocent taxpayers hundreds of thousands of dollars….
George Clooney’s recent relocation to France highlights a complex financial dilemma: maintain dual citizenship and face dual tax systems, or renounce U.S. citizenship and trigger…
A business seizure is a last-ditch effort following many other attempts at tax collections. Here’s what to watch for and how to respond….
How do you go from zero sales to 800% growth while maintaining a medical career? Dr. Paul Pallan shares his story of dual-career success and…
Tax preparer oversight might soon be getting a rehaul thanks to a bipartisan Senate bill that aims to impose stricter standards and penalties for misconduct….
From U.S. Navy technical training to founding J. Anthony’s Refrigeration in 1988, learn how John Bianchi’s commitment to excellence and high-level expertise built a trusted…
Thinking about a business partnership? This checklist will tell you what to discuss with your tax and legal advisors….
Can the IRS contact your neighbors or boss? Learn the rules for third-party investigations, your right to advance notice, and how to protect your privacy….

Blogs and Articles

College Athlete NIL Tax Implications: When Fantasy Becomes Reality

In the eyes of the IRS, student-athletes landing NIL deals are now self-run businesses. Learn the tax implications and four golden rules critical to their...

College Athlete NIL Tax Implications: When Fantasy Becomes Reality

Read More

Profit-Sharing Disputes: IDing What Went Wrong

Disputes in closely held businesses rarely stem from simple math errors. Instead, they arise from "creative" accounting that obscures the business's true economic reality....

Profit-Sharing Disputes: IDing What Went Wrong

Read More

What’s the Deal with Trump’s Forever Tax-Immunity Loophole?

While you might not be signing an addendum with the Acting Attorney General, you CAN use closing agreements and statutes of limitation to create your...

What’s the Deal with Trump’s Forever Tax-Immunity Loophole?

Read More

Secret Texas Wealth Tax Traps

When building wealth in Texas, poor planning can result in hefty taxation as you earn your way to the top....

Secret Texas Wealth Tax Traps

Read More

How Long to Keep Tax Records? Forever Might Be Best 

A new precedent is forming in the tax courts that can cost even innocent taxpayers hundreds of thousands of dollars....

How Long to Keep Tax Records? Forever Might Be Best 

Read More

George Clooney’s Exit Tax Dilemma

George Clooney's recent relocation to France highlights a complex financial dilemma: maintain dual citizenship and face dual tax systems, or renounce U.S. citizenship and trigger...

George Clooney’s Exit Tax Dilemma

Read More

Avoiding a Business Seizure for Nonpayment of Taxes

A business seizure is a last-ditch effort following many other attempts at tax collections. Here’s what to watch for and how to respond....

Avoiding a Business Seizure for Nonpayment of Taxes

Read More

4NS-Supply

How do you go from zero sales to 800% growth while maintaining a medical career? Dr. Paul Pallan shares his story of dual-career success and...

4NS-Supply

Read More

Better Tax Preparer Oversight May Be on the Way

Tax preparer oversight might soon be getting a rehaul thanks to a bipartisan Senate bill that aims to impose stricter standards and penalties for misconduct....

Better Tax Preparer Oversight May Be on the Way

Read More

J. Anthony’s Refrigeration

From U.S. Navy technical training to founding J. Anthony’s Refrigeration in 1988, learn how John Bianchi’s commitment to excellence and high-level expertise built a trusted...

J. Anthony’s Refrigeration

Read More

Business Partnership Structure: 6 Things to Consider 

Thinking about a business partnership? This checklist will tell you what to discuss with your tax and legal advisors....

Business Partnership Structure: 6 Things to Consider 

Read More

During an IRS Investigation: Are Friends & Neighbors Contacted?

Can the IRS contact your neighbors or boss? Learn the rules for third-party investigations, your right to advance notice, and how to protect your privacy....

During an IRS Investigation: Are Friends & Neighbors Contacted?

Read More

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

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)