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Tax Benefits for Education

Tax Benefits for Education

970 25221V Tax Benefits for Education What's New2 Reminders2 Introduction2 1. Scholarships, Fellowships, Grants, and Tuition Reductions5 Scholarships and Fellowships5 Other Types of Educational Assistance7 2. Hope Credit9 Can You Claim the Credit9 What Expenses Qualify10 Who Is an Eligible Student12 Who Can Claim a Dependent's Expenses12 Figuring the Credit14 Claiming the Credit16 When Must the Credit Be Repaid (Recaptured)16 Illustrated Example16 3. Lifetime Learning Credit18 Can You Claim the Credit18 What Expenses Qualify19 Who Is an Eligible Student20 Who Can Claim a Dependent's Expenses22 Figuring the Credit22 Claiming the Credit23 When Must the Credit Be Repaid (Recaptured)23 Illustrated Example23 4. Student Loan Interest Deduction25 Student Loan Interest Defined25 Can You Claim the Deduction28 Who Can Claim a Dependent's Expenses28 Figuring the Deduction29 Claiming the Deduction30 5. Student Loan Cancellations and Repayment Assistance31 Student Loan Cancellation31 Student Loan Repayment Assistance31 6. Tuition and Fees Deduction33 Can You Claim the Deduction33 What Expenses Qualify34 Who Is an Eligible Student35 Who Can Claim a Dependent's Expenses36 Figuring the Deduction36 Claiming the Deduction37 When Must the Deduction Be Repaid (Recaptured)37 7. Coverdell Education Savings Account (ESA)39 What Is a Coverdell ESA39 Contributions40 Rollovers and Other Transfers43 Distributions43 8. Qualified Tuition Program (QTP)49 What Is a Qualified Tuition Program49 How Much Can You Contribute49 Are Distributions Taxable49 Rollovers and Other Transfers51 9. Education Exception to Additional Tax on Early IRA Distributions53 Who Is Eligible53 Figuring the Amount Not Subject to the 10% Tax53 Reporting Early Distributions54 10. Education Savings Bond Program55 Who Can Cash In Bonds Tax Free55 Figuring the Tax-Free Amount56 Claiming the Exclusion56 Illustrated Example56 11. Employer-Provided Educational Assistance58 12. Business Deduction for Work-Related Education59 Qualifying Work-Related Education59 What Expenses Can Be Deducted62 How To Treat Reimbursements64 Deducting Business Expenses65 Recordkeeping66 Illustrated Example66 13. How To Get Tax Help68 Appendices70 Appendix A—Illustrated Example70 Appendix B—Highlights of Tax Benefits72 Glossary74 Index77 What's New Katrina Emergency Tax Relief Act of 2005.

This Act provides tax relief for persons affected by Hurricane Katrina. Under the Act, you may be able to claim an education credit, a student loan interest deduction, and/or a tuition and fees deduction. See Publication 4492.

Hope and lifetime learning credits. Hope credit Lifetime learning credit

Beginning in 2005, the amount of your Hope or lifetime learning credit is gradually reduced (phased out) if your modified adjusted gross income (MAGI) is between $43,000 and $53,000 ($87,000 and $107,000 if you file a joint return). You cannot claim a credit if your MAGI is $53,000 or more ($107,000 or more if you file a joint return). This is an increase from the 2004 limits of $42,000 and $52,000 ($85,000 and $105,000 if filing a joint return). For more information, see chapters 2 and 3.

Education savings bond program. Bonds, education savings Education savings bond program Education savings bond program Savings bond program, education Education savings bond program

Beginning in 2005, the amount of your interest exclusion will be phased out (gradually reduced) if your filing status is married filing jointly or qualifying widow(er) and your modified adjusted gross income (MAGI) is between $91,850 and $121,850. You cannot take the deduction if your MAGI is $121,850 or more. For 2004, the limits that applied to you were $89,750 and $119,750.

For all other filing statuses, your interest exclusion is phased out if your MAGI is between $61,200 and $76,200. You cannot take the deduction if your MAGI is $76,200 or more. For 2004, the limits that applied to you were $59,850 and $74,850. For more information, see chapter 10.

Business deduction for work-related education. Business deduction for work-related education Mileage deduction for work-related education Standard mileage rate: Work-related education

Beginning in 2005:

  • If you drive your car to and from school and qualify to deduct transportation expenses, the amount you can deduct for miles driven from January 1, 2005, through August 31, 2005, is 40 cents per mile. The amount you can deduct for miles driven from September 1, 2005, through December 31, 2005, is 48 cents per mile. This is up from 37 cents per mile in 2004. See chapter 12 for more information.
  • If your adjusted gross income for 2005 is more than $145,950 ($72,975 if you are married filing separately), your itemized deductions may be limited. See chapter 12 and the instructions for line 28 of Schedule A (Form 1040).
  • Reminders Estimated tax. Estimated tax

    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 estimated tax payments. For more information, see Publication 505, Tax Withholding and Estimated Tax.

    Student loan interest deduction. Student loan interest deduction

    Beginning with interest due and paid on qualified education loans after December 31, 1997:

  • A 90-day safe harbor is allowed for disbursing loan proceeds used to pay qualified education expenses.
  • Payment of interest by a third party may be deductible.
  • See chapter 4 for more information.

    Student loan repayment assistance. Student loan repayment assistance

    Student loan repayments provided under certain federal and state repayment programs are tax free. See chapter 5 for more information.

    Qualified tuition program (QTP). Qualified tuition program (QTP)

    A distribution from a QTP established and maintained by an eligible educational institution (generally private colleges and universities) can be excluded from income if the amount distributed is less than or equal to the beneficiary's adjusted qualified education expenses. See chapter 8 for more information.

    Photographs of missing children. Missing children, photographs of

    The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child.

    This publication explains tax benefits that may be available to you if you are saving for or paying education costs for yourself or, in many cases, another student who is a member of your immediate family. Most benefits apply only to higher education.

    What is in this publication.

    Chapter 1 explains the taxability of various types of educational assistance, including scholarships, fellowships, and tuition reductions.

    Two tax credits for which you may be eligible are explained in chapters 2 and 3. These benefits, which reduce the amount of your income tax, are:

  • The Hope credit, and
  • The lifetime learning credit.
  • Ten other types of benefits are explained in chapters 4 through 12. With these benefits, you may be able to:

  • Deduct student loan interest,
  • Receive tax-free treatment of a canceled student loan,
  • Receive tax-free student loan repayment assistance,
  • Deduct tuition and fees for education,
  • Establish and contribute to a Coverdell education savings account (ESA), which features tax-free earnings,
  • Participate in a qualified tuition program (QTP), which features tax-free earnings,
  • Take early distributions from any type of individual retirement arrangement (IRA) for education costs without paying the 10% additional tax on early distributions,
  • Cash in savings bonds for education costs without having to pay tax on the interest,
  • Receive tax-free educational benefits from your employer, and
  • Take a business deduction for work-related education.
  • Note.

    You generally cannot claim more than one of the benefits described in the lists above for the same qualifying education expense.

    Comparison table.

    Some of the features of most of these benefits are highlighted in Appendix B, beginning on page 72 of this publication. This general comparison table may guide you in determining which benefits you may be eligible for and which chapters you may want to read.

    Analyzing your tax withholding. 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. Also, you may want to recheck your withholding during the year if your personal or financial situation changes. See Publication 919, How Do I Adjust My Tax Withholding, for more information.

    Glossary. Glossary

    In this publication, wherever appropriate, we have tried to use the same or similar terminology when referring to the basic components of each education benefit. Some of the terms used are:

  • Qualified education expenses,
  • Eligible educational institution, and
  • Modified adjusted gross income.
  • Even though the same term, such as qualified education expenses, is used to label a basic component of many of the education benefits, the same expenses are not necessarily allowed for each benefit. For example, the cost of room and board is a qualified education expense for the qualified tuition program, but not for the education savings bond program.

    Many of the terms used in the publication are defined under Glossary near the end of the publication. The glossary is not intended to be a substitute for reading the chapter on a particular education benefit, but it will give you an overview of how certain terms are used in discussing the different benefits.

    Comments and suggestions. Comments on publication Suggestions for publication

    We welcome your comments about this publication and your suggestions for future editions.

    You can write to us at the following address: Internal Revenue Service Individual Forms and Publications Branch SE:W:CAR:MP:T:I 1111 Constitution Ave. NW, IR-6406 Washington, DC 20224

    We respond to many letters by telephone. Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence.

    You can email us at *taxforms@irs.gov. (The asterisk must be included in the address.) Please put Publications Comment on the subject line. Although we cannot respond individually to each email, we do appreciate your feedback and will consider your comments as we revise our tax products.

    Tax questions.

    If you have a tax question, visit www.irs.gov or call 1-800-829-1040. We cannot answer tax questions at either of the addresses listed above.

    Ordering forms and publications.

    Visit www.irs.gov/formspubs to download forms and publications, call 1-800-829-3676, or write to the National Distribution Center at the address shown under How To Get Tax Help in the back of this publication.

    Publication 463 Travel, Entertainment, Gift, and Car Expenses 525 Taxable and Nontaxable Income 550 Investment Income and Expenses 553 Highlights of 2005 Tax Changes 590 Individual Retirement Arrangements (IRAs) Form (and Instructions)
    1040
    U.S. Individual Income Tax Return
    1040A
    U.S. Individual Income Tax Return
    1040EZ
    Income Tax Return for Single and Joint Filers With No Dependents
    2106
    Employee Business Expenses
    2106-EZ
    Unreimbursed Employee Business Expenses
    5329
    Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts
    8815
    Exclusion of Interest From Series EE and I U.S. Savings Bonds Issued After 1989
    8863
    Education Credits (Hope and Lifetime Learning Credits)
    Schedule A (Form 1040)
    Itemized Deductions

    See chapter 13, How To Get Tax Help, for information about getting these publications and forms.

    Scholarships, Fellowships, Grants, and Tuition Reductions Reminder Individual retirement arrangements (IRAs).

    You can set up and make contributions to an IRA if you receive taxable compensation. Under this rule, a taxable scholarship or fellowship is compensation only if it is shown in box 1 of Form W-2, Wage and Tax Statement. For more information about IRAs, see Publication 590.

    This chapter discusses the taxability of various types of educational assistance you may receive if you are studying, teaching, or researching in the United States. The educational assistance can be for a primary or secondary school, a college or university, or a vocational school. Included in the discussion are:

  • Scholarships,
  • Fellowships,
  • Need-based education grants, such as a Pell Grant, and
  • Qualified tuition reductions.
  • Many of these amounts are tax free if they meet the requirements discussed here.

    Special rules apply to U.S. citizens and resident aliens who have received scholarships or fellowships for studying, teaching, or researching abroad. For information about these rules, see Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad.

    Scholarships and Fellowships

    Worksheets: Scholarships and fellowships, taxable income (Worksheet 1-1) Scholarships and fellowships: Figuring tax-free and taxable parts (Worksheet 1-1) Fellowships Scholarships and fellowships Financial aid Scholarships and fellowships Scholarships and fellowships Scholarships and fellowships: Scholarship, definedA 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.

    Scholarships and fellowships: Fellowship, definedA fellowship is generally an amount paid for the benefit of an individual to aid in the pursuit of study or research.

    Table 1-1 provides an overview of the tax treatment of amounts received as a scholarship or fellowship (other than amounts received as payment for services). Generally, taxability depends on the expense paid with the amount and whether you are a degree candidate.

    Table 1-1. Taxability of Scholarship and Fellowship Payments 1
    Do not rely on this table alone. Refer to the text for complete details.
    AND you are... THEN your payment is... IF you use the payment for... A degree candidate Not a degree candidate Tax free 2 Taxable Tuition X X X X Fees X X 3 X X Books X X 3 X X Supplies X X 3 X X Equipment X X 3 X X Room X X X X Board X X X X Travel X X X X
    1 Does not include payments received for past, present, or future services. 2 Payments used for any expenses indicated in this column are tax free only if the   terms of the scholarship or fellowship do not prohibit the expense. 3 If required of all students in the course.

    Tax-Free Scholarships and Fellowships Tables and figures: Scholarships and fellowships, taxability of (Table 1-1) Scholarships and fellowships: Tax treatment of (Table 1-1) Scholarships and fellowships: Tax-free

    A scholarship or fellowship is tax free only if:

  • You are a candidate for a degree at an eligible educational institution, and
  • You use the scholarship or fellowship to pay qualified education expenses.
  • Candidate for a degree. Candidate for a degree: Scholarships and fellowships

    You are a candidate for a degree if you:

  • Attend a primary or secondary school or are pursuing a degree at a college or university, or
  • Attend an accredited educational institution that is authorized to provide:
  • A program that is acceptable for full credit toward a bachelor's or higher degree, or
  • A program of training to prepare students for gainful employment in a recognized occupation.
  • Eligible educational institution. Eligible educational institution: Scholarships and fellowships Scholarships and fellowships: Eligible educational institution

    An eligible educational institution is one that maintains a regular faculty and curriculum and normally has a regularly enrolled body of students in attendance at the place where it carries on its educational activities.

    Qualified education expenses. Qualified education expenses: Scholarships and fellowships Scholarships and fellowships: 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, and
  • 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.

    Qualified education expenses: Scholarships and fellowships Scholarships and fellowships: Qualified education expenses
    Expenses that do not qualify.

    Qualified education expenses do not include the cost of:

  • Room and board,
  • Travel,
  • Research,
  • Clerical help, or
  • 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.

    You can use Worksheet 1-1 to figure the tax-free and taxable parts of your scholarship or fellowship.

    Worksheet 1-1. Taxable Scholarship and Fellowship Income
    1. Enter your scholarship or fellowship income for 2005 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.
  • 2. Enter the amount from line 1 that was for teaching, research, or any other services. (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 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.

    Athletic Scholarships Athletic scholarships Scholarships and fellowships: Athletic scholarships

    An athletic scholarship is tax free if it meets the requirements discussed above.

    Taxable Scholarships and Fellowships Scholarships and fellowships: Taxable Taxable scholarships and fellowships

    If your scholarship or fellowship does not meet the requirements described earlier, it is taxable. The following amounts received may be taxable.

  • Amounts used to pay expenses that do not qualify.
  • Payments for services.
  • Scholarship prizes.
  • Each type is discussed below.

    Amounts used to pay expenses that do not qualify.

    A scholarship amount used to pay any expense that does not qualify is taxable, even if the expense is a fee that must be paid to the institution as a condition of enrollment or attendance.

    Payment for services.

    Generally, you must include in income the part of any scholarship, fellowship, or tuition reduction that represents payment for past, present, or future teaching, research, or other services. This applies even if all candidates for a degree must perform the services to receive the degree.

    Exceptions.

    You do not have to include in income the part of any scholarship or fellowship that represents payment for teaching, research, or other services if you receive the amount under:

  • The National Health Service Corps Scholarship Program, or
  • National Health Service Corps Scholarship Program
  • The Armed Forces Health Professions Scholarship and Financial Assistance Program,
  • Armed Forces Health Professions Scholarship and Financial Assistance Program and you:
  • Are a candidate for a degree at an eligible educational institution, and
  • Use that part of the scholarship or fellowship to pay qualified education expenses.
  • Example 1.

    You received a scholarship of $2,500. The scholarship was not received under either of the exceptions mentioned above. As a condition for receiving the scholarship, you must serve as a part-time teaching assistant. Of the $2,500 scholarship, $1,000 represents payment for teaching. The provider of your scholarship gives you a Form W-2 showing $1,000 as income. You used all the money for qualified education expenses. Assuming that all other conditions are met, $1,500 of your scholarship is tax free. The $1,000 you received for teaching is taxable.

    Example 2.

    You are a candidate for a degree at a medical school. You receive a scholarship (not under either of the exceptions mentioned above) for your medical education and training. The terms of your scholarship require you to perform future services. A substantial penalty applies if you do not comply. The entire amount of your grant is taxable as payment for services in the year it is received.

    Scholarship prizes. Prizes: Scholarships won as Scholarships and fellowships: Prize, scholarship won as

    If you win a scholarship as a prize in a contest, the scholarship is fully taxable unless you meet the requirements discussed earlier under Tax-Free Scholarships and Fellowships.

    Taxable scholarships and fellowships
    Reporting Scholarships and Fellowships Reporting: Scholarships and fellowships, taxable Scholarships and fellowships: Reporting

    Whether you must report your scholarship or fellowship depends on whether you must file a return and whether any part of your scholarship or fellowship is taxable.

    If your only income is a completely tax-free scholarship or fellowship, you do not have to file a tax return and no reporting is necessary. If all or part of your scholarship or fellowship is taxable and you are required to file a tax return, report the taxable amount as explained below. You must report the taxable amount whether or not you received a Form W-2. If you receive an incorrect Form W-2, ask the payer for a corrected one.

    For information on whether you must file a return, see Publication 501, Exemptions, Standard Deduction, and Filing Information, or your income tax form instructions.

    How To Report

    How you report any taxable scholarship or fellowship income depends on which return you file.

    Form 1040EZ.

    If you file Form 1040EZ, report the taxable amount on line 1. If the taxable amount was not reported on Form W-2, enter SCH and the taxable amount in the space to the left of line 1.

    Form 1040A.

    If you file Form 1040A, report the taxable amount on line 7. If the taxable amount was not reported on Form W-2, enter SCH and the taxable amount in the space to the left of line 7.

    Form 1040.

    If you file Form 1040, report the taxable amount on line 7. If the taxable amount was not reported on Form W-2, enter SCH and the taxable amount on the dotted line next to line 7.

    Schedule SE (Form 1040).

    Amounts you receive under a scholarship as pay for your services as an independent contractor are included in determining net earnings from self-employment. If your net earnings are $400 or more, you will have to pay self-employment tax. Use Schedule SE, Self-Employment Tax, to figure this tax.

    Scholarships and fellowshipsFor more information in determining whether you are an independent contractor or an employee, get Publication 15-A, Employer's Supplemental Tax Guide.

    Other Types of Educational Assistance

    The following discussions deal with common types of educational assistance other than scholarships and fellowships.

    Fulbright Grants Fulbright grants Grants: Fulbright

    A Fulbright grant is generally treated as a scholarship or fellowship in figuring how much of the grant is tax free. Only the taxable amount must be reported. See Reporting Scholarships and Fellowships earlier in this chapter.

    Pell Grants and Other Title IV Need-Based Education Grants Grants: Pell Grants: Title IV need-based education Pell grants Title IV need-based education grants

    These need-based grants are treated as scholarships for purposes of figuring their taxability. They are tax free to the extent used for qualified education expenses during the period for which a grant is awarded. Only the taxable amount must be reported. See Reporting Scholarships and Fellowships earlier in this chapter.

    Payment to Service Academy Cadets Military academy cadets Service academy cadets

    An appointment to a United States military academy is not a scholarship or fellowship. Payment you receive as a cadet or midshipman at an armed services academy is pay 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 receive it unless one of the exceptions, discussed earlier under Payment for services, applies.

    Veterans' Benefits Veterans' benefits

    Payments you receive for education, training, or subsistence under any law administered by the Department of Veterans Affairs (VA) are tax free. Do not include these payments as income on your federal tax return.

    If you qualify for one or more of the education benefits discussed in chapters 2 through 12, you may have to reduce the amount of education expenses qualifying for a specific benefit by part or all of your VA payments. This applies only to the part of your VA payments that is required to be used for education expenses.

    Qualified Tuition Reduction Qualified tuition reduction Tuition reduction: Qualified

    The term qualified tuition reduction means a tax-free reduction in tuition provided by an eligible educational institution. Whether a tuition reduction is a qualified tuition reduction, and therefore tax free, depends on whether it is for education below or at the graduate level. The qualified tuition reduction must not represent payment for services.

    Education below the graduate level.

    Qualified tuition reductions for education below the graduate level (including primary and secondary school) are tax free if provided to the following individuals who are treated as employees.

  • A current employee of the eligible educational institution.
  • A former employee who retired or left on disability.
  • A widow or widower of an individual who died while an employee.
  • A widow or widower of a former employee who retired or left on disability.
  • A dependent child or spouse of any person listed in (1) through (4), above.
  • Child of deceased parents.

    For purposes of the qualified tuition reduction, a child is a dependent child if the child is under age 25 and both parents have died.

    Child of divorced parents.

    For purposes of the qualified tuition reduction, a dependent child of divorced parents is treated as the dependent of both parents.

    Officers, owners, and highly compensated employees.

    Qualified tuition reductions apply to officers, owners, or highly compensated employees only if benefits are available to employees on a nondiscriminatory basis. This means that the tuition reduction benefits must be available on substantially the same basis to each member of a group of employees. The group must be defined under a reasonable classification set up by the employer. The classification must not discriminate in favor of owners, officers, or highly compensated employees.

    Graduate education. Graduate education tuition reduction

    Tuition reductions for graduate education are considered qualified and are tax free if they are provided by an eligible educational institution to a graduate student who performs teaching or research activities for that institution. All other tuition reductions for graduate education are taxable.

    How to report. Reporting: Tuition reduction, taxable

    Any tuition reduction that is taxable should be included as wages in box 1 of the employee's Form W-2. Report the amount in box 1 on line 7 (Form 1040 or Form 1040A) or line 1 (Form 1040EZ).

    Qualified tuition reduction Tuition reduction: Qualified
    Hope Credit What's New Income limits increased. Credits Hope Hope credit Hope credit Hope credit: Income limits

    The amount of your Hope credit for 2005 is gradually reduced (phased out) if your modified adjusted gross income (MAGI) is between $43,000 and $53,000 ($87,000 and $107,000 if you file a joint return). You cannot claim a credit if your MAGI is $53,000 or more ($107,000 or more if you file a joint return). This is an increase from the 2004 limits of $42,000 and $52,000 ($85,000 and $105,000 if filing a joint return). See Effect of the Amount of Your Income on the Amount of Your Credit, later, for more information.

    There are two tax credits available to help you offset the costs of higher education by reducing the amount of your income tax. They are the Hope credit and the lifetime learning credit, also referred to as education credits. This chapter discusses the Hope credit. The lifetime learning credit is discussed in chapter 3.

    This chapter explains:

  • Who can claim the Hope credit,
  • What expenses qualify for the credit,
  • Who is an eligible student,
  • Who can claim a dependent's expenses,
  • How to figure the credit,
  • How to claim the credit, and
  • When the credit must be repaid.
  • What is the tax benefit of the Hope credit. Hope credit: Tax benefit of

    You may be able to claim a Hope credit of up to $1,500 for qualified education expenses paid for each eligible student.

    A tax credit reduces the amount of income tax you may have to pay. Unlike a deduction, which reduces the amount of income subject to tax, a credit directly reduces the tax itself. 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.

    You may be able to take a tuition and fees deduction for your education expenses instead of a Hope credit. You can choose the one that will give you the lower tax. See chapter 6 for details about the deduction.

    Can you claim both education credits this year.

    For each student, you can elect for any year only one of the credits. For example, if you elect to take the Hope credit for a child on your 2005 tax return, you cannot, for that same child, also claim the lifetime learning credit for 2005.

    If you are eligible to claim the Hope credit and you are also eligible to claim the lifetime learning credit for the same student in the same year, you can choose to claim either credit, but not both. For 2005, if the total qualified education expenses for a student are less than $7,500, it will generally be to your benefit to claim the Hope credit.

    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 credit for one student and the lifetime learning credit for another student in the same year.

    Differences between the Hope and lifetime learning credits. Hope credit: Differences from lifetime learning credit

    There are several differences between these two credits. For example, you can claim the Hope credit based on the same student's expenses for no more than 2 years. However, there is no limit on the number of years for which you can claim a lifetime learning credit based on the same student's expenses. The differences between the two credits are summarized in Table 2-1.

    Table 2-1. Comparison of Education Credits
    Hope Credit Lifetime Learning Credit Up to $1,500 credit per eligible student Up to $2,000 credit per return Available ONLY until the first 2 years of post- secondary education are completed Available for all years of postsecondary education and for courses to acquire or improve job skills Available ONLY for 2 years per eligible student Available for an unlimited number of years Student must be pursuing an undergraduate degree or other recognized education credential Student does not need to be pursuing a degree or other recognized education credential Student must be enrolled at least half time for at least one academic period beginning during the year Available for one or more courses No felony drug conviction on student's record Felony drug conviction rule does not apply
    Hope credit: Differences from lifetime learning credit: Comparison table (Table 2-1) Tables and figures: Education credits, comparison of (Tables 2-1 & 3-1) Tables and figures: Hope credit: Comparing education credits (Table 2-1)

    Can You Claim the Credit

    Hope credit: Claiming the creditThe following rules will help you determine if you are eligible to claim the Hope credit on your tax return.

    Who Can Claim the Credit

    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.
  • Note.

    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.

    Qualified education expenses are defined later under What Expenses Qualify. Eligible students are defined later under Who Is an Eligible Student. A dependent for whom you claim an exemption is defined later under Who Can Claim a Dependent's Expenses.

    You may find Figure 2-2, later in this chapter, helpful in determining if you can claim a Hope credit on your tax return.

    Who Cannot Claim the Credit

    You cannot claim the Hope credit for 2005 if any of the following apply.

  • Your filing status is married filing separately.
  • You are listed as a dependent in the Exemptions section on another person's tax return (such as your parents'). See Who Can Claim a Dependent's Expenses, later.
  • Your modified adjusted gross income (MAGI) is $53,000 or more ($107,000 or more in the case of a joint return). MAGI is explained later under Effect of the Amount of Your Income on the Amount of Your Credit.
  • You (or your spouse) were a nonresident alien for any part of 2005 and the nonresident alien 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 claim the lifetime learning credit or a tuition and fees deduction for the same student in 2005.
  • What Expenses Qualify

    Hope credit: Expenses qualifying forThe Hope credit is based on qualified education expenses you pay for yourself, your spouse, or a dependent for whom you claim an exemption on your tax return. Generally, the credit is allowed for qualified education expenses paid in 2005 for an academic period beginning in 2005 or in the first 3 months of 2006.

    For example, if you paid $1,500 in December 2005 for qualified tuition for the Spring 2006 semester beginning in January 2006, you may be able to use that $1,500 in figuring your 2005 credit.

    Academic period. Academic period: Hope credit Hope credit: Academic period

    An academic period includes a semester, trimester, quarter, or other period of study (such as a summer school session) as reasonably determined by an educational institution. In the case of an educational institution that uses credit hours or clock hours and does not have academic terms, each payment period can be treated as an academic period.

    Paid with borrowed funds. Loans: Qualified education expenses paid with: Hope credit

    You can claim a Hope credit for qualified education expenses paid with the proceeds of a loan. You use the expenses to figure the Hope credit for the year in which the expenses are paid, not the year in which the loan is repaid. Treat loan payments sent directly to the educational institution as paid on the date the institution credits the student's account.

    Student withdraws from class(es).

    You can claim a Hope credit for qualified education expenses not refunded when a student withdraws.

    Qualified Education Expenses Hope credit: Qualified education expenses Qualified education expenses: Hope credit

    For purposes of the Hope credit, qualified education expenses are tuition and certain related expenses required for enrollment or attendance at an eligible educational institution.

    Eligible educational institution. Eligible educational institution: Hope credit Hope credit: Eligible educational institution

    An eligible educational institution is any college, university, vocational school, or other postsecondary educational institution eligible to participate in a student aid program administered by the Department of Education. It includes virtually all accredited public, nonprofit, and proprietary (privately owned profit-making) postsecondary institutions. The educational institution should be able to tell you if it is an eligible educational institution.

    Certain educational institutions located outside the United States also participate in the U.S. Department of Education's Federal Student Aid (FSA) programs.

    Related expenses.

    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.

    In the following examples, assume that each student is an eligible student at an eligible educational institution.

    Example 1.

    Jackson is a sophomore in University V's degree program in dentistry. This year, in addition to tuition, he is required to pay a fee to the university for the rental of the dental equipment he will use in this program. Because the equipment rental fee must be paid to University V for enrollment and attendance, Jackson's equipment rental fee is a qualified expense.

    Example 2.

    Donna and Charles, both first-year students at College W, are required to have certain books and other reading materials to use in their mandatory first-year classes. The college has no policy about how students should obtain these materials, but any student who purchases them from College W's bookstore will receive a bill directly from the college. Charles bought his books from a friend, so what he paid for them is not a qualified education expense. Donna bought hers at College W's bookstore. Although Donna paid College W directly for her first-year books and materials, her payment is not a qualified expense because the books and materials are not required to be purchased from College W for enrollment or attendance at the institution.

    Example 3.

    When Marci enrolled at College X for her freshman year, she had to pay a separate student activity fee in addition to her tuition. This activity fee is required of all students, and is used solely to fund on-campus organizations and activities run by students, such as the student newspaper and the student government. No portion of the fee covers personal expenses. Although labeled as a student activity fee, the fee is required for Marci's enrollment and attendance at College X. Therefore, it is a qualified expense.

    No Double Benefit Allowed Double benefit not allowed: Hope credit

    You cannot do any of the following.

  • Deduct higher education expenses on your income tax return (as, for example, a business expense) and also claim a Hope credit based on those same expenses.
  • Claim a Hope credit in the same year that you are claiming a tuition and fees deduction for the same student.
  • Claim a Hope credit and a lifetime learning credit based on the same qualified education expenses.
  • Claim a Hope credit based on the same expenses used to figure the tax-free portion of a distribution from a Coverdell education savings account (ESA) or qualified tuition program (QTP). See Coordination With Hope and Lifetime Learning Credits in chapter 7 (Coverdell ESA) and chapter 8 (QTP).
  • Claim a credit based on qualified education expenses paid with a tax-free scholarship, grant, or employer-provided educational assistance. See Adjustments to Qualified Education Expenses, next.
  • Adjustments to Qualified Education Expenses Qualified education expenses: Adjustments to: Hope credit Hope credit: Adjustments to qualified education expenses

    If you pay qualified education expenses with certain tax-free funds, you cannot claim a credit for those amounts. You must reduce the qualified education expenses by the amount of any tax-free educational assistance and refund(s) you received.

    Tax-free educational assistance. Tax-free educational assistance: Hope credit

    This includes:

  • The tax-free parts of scholarships and fellowships (see chapter 1),
  • Pell grants (see chapter 1),
  • Employer-provided educational assistance (see chapter 11),
  • Veterans' educational assistance (see chapter 1), and
  • Any other nontaxable (tax-free) payments (other than gifts or inheritances) received as educational assistance.
  • Refunds. Refunds: Hope credit Hope credit: Refunds

    Qualified education expenses do not include expenses for which you, or someone else who paid qualified education expenses on behalf of a student, receive a refund. (For information on expenses paid by a dependent student or third party, see Who Can Claim a Dependent's Expenses, later in this chapter.)

    If a refund of expenses paid in 2005 is received before you file your tax return for 2005, simply reduce the amount of the expenses paid by the amount of the refund received. If the refund is received after you file your 2005 tax return, see When Must the Credit Be Repaid (Recaptured), later.

    You are considered to receive a refund of expenses when an eligible educational institution refunds loan proceeds to the lender on behalf of the borrower. Depending on when you are considered to receive the refund, follow the above instructions or see When Must the Credit Be Repaid (Recaptured), later.

    Amounts that do not reduce qualified education expenses.

    Do not reduce qualified education expenses by amounts paid with funds the student receives as:

  • Payment for services, such as wages,
  • A loan,
  • A gift,
  • An inheritance, or
  • A withdrawal from the student's personal savings.
  • Do not reduce the qualified education expenses by any scholarship or fellowship reported as income on the student's tax return in the following situations.

  • The use of the money is restricted to costs of attendance (such as room and board) other than qualified education expenses.
  • The use of the money is not restricted and is used to pay education expenses that are not qualified (such as room and board).
  • Example 1.

    In 2005, Jackie paid $3,000 for tuition and $5,000 for room and board at University X. The university did not require her to pay any fees in addition to her tuition in order to enroll in or attend classes. To help pay these costs, she was awarded a $2,000 scholarship and a $4,000 student loan.

    The terms of the scholarship state that it may be used to pay any of Jackie's college expenses. Because she applied it toward her tuition, the scholarship is tax free. Therefore, for purposes of figuring an education credit (either Hope or lifetime learning), she must first use the $2,000 scholarship to reduce her tuition (her only qualified education expense). The student loan is not tax-free educational assistance, so she does not use it to reduce her qualified expenses. Jackie is treated as having paid $1,000 in qualified education expenses ($3,000 tuition – $2,000 scholarship) in 2005.

    Example 2.

    Qualified education expenses: Adjustments to: Hope creditThe facts are the same as in Example 1, except that Jackie uses the $2,000 scholarship to pay room and board, and, therefore, reports her entire scholarship as income on her tax return. In this case, the scholarship is allocated to expenses other than qualified education expenses. Jackie is treated as paying the entire $3,000 tuition with other funds and can figure her education credit on the entire $3,000.

    Hope credit: Expenses qualifying for Qualified education expenses: Hope credit
    Expenses That Do Not Qualify Expenses specific benefit

    Qualified education expenses: Expenses not qualified: Hope creditQualified education expenses do not include amounts paid for:

  • Insurance,
  • Medical expenses (including student health fees),
  • Room and board,
  • Transportation, or
  • Similar personal, living, or family expenses.
  • This is true even if the amount must be paid to the institution as a condition of enrollment or attendance.

    Sports, games, hobbies, and noncredit courses. Sports, games, hobbies, and noncredit courses: Hope credit

    Qualified education expenses generally do not include expenses that relate to any course of instruction or other education that involves sports, games or hobbies, or any noncredit course. However, if the course of instruction or other education is part of the student's degree program, these expenses can qualify.

    Comprehensive or bundled fees. Comprehensive or bundled fees: Hope credit

    Some eligible educational institutions combine all of their fees for an academic period into one amount. If you do not receive or do not have access to an allocation showing how much you paid for qualified education expenses and how much you paid for personal expenses, such as those listed above, contact the institution. The institution is required to make this allocation and provide you with the amount you paid (or were billed) for qualified education expenses on Form 1098-T, Tuition Statement. See Figuring the Credit, later, for more information about Form 1098-T.

    Qualified education expenses: Expenses not qualified: Hope credit
    Who Is an Eligible Student

    Eligible student: Hope credit Hope credit: Eligible studentTo claim the Hope credit, the student for whom you pay qualified education expenses must be an eligible student. This is a student who meets all of the following requirements.

  • The student did not have expenses that were used to figure a Hope credit in any 2 earlier tax years.
  • The student had not completed the first 2 years of postsecondary education (generally, the freshman and sophomore years of college) before 2005.
  • For at least one academic period beginning in 2005, the student was enrolled at least half-time in a program leading to a degree, certificate, or other recognized educational credential.
  • The student was free of any federal or state felony conviction for possessing or distributing a controlled substance as of the end of 2005.
  • These requirements are also shown in Figure 2-1.

    Completion of first 2 years.

    A student who was awarded 2 years of academic credit for postsecondary work completed before 2005 has completed the first 2 years of postsecondary education. This student generally would not be an eligible student for purposes of the Hope credit.

    Exception.

    Any academic credit awarded solely on the basis of the student's performance on proficiency examinations is disregarded in determining whether the student has completed 2 years of postsecondary education.

    Enrolled at least half-time. Half-time student: Hope credit

    A student was enrolled at least half-time if the student was taking at least half the normal full-time work load for his or her course of study.

    The standard for what is half of the normal full-time work load is determined by each eligible educational institution. However, the standard may not be lower than any of those established by the Department of Education under the Higher Education Act of 1965.

    Example 1.

    Marty graduated from high school in June 2004. In September, he enrolled in an undergraduate degree program at College U, and attended full time for both the 2004 Fall and 2005 Spring semesters. For the 2005 Fall semester, Marty was enrolled less than half-time. Because Marty was enrolled in an undergraduate degree program on at least a half-time basis for at least one academic period that began during 2004 and at least one academic period that began during 2005, he is an eligible student for tax years 2004 and 2005 (including the 2005 Fall semester when he enrolled at College U on less than a half-time basis).

    Example 2.

    After taking classes at College V on a half-time basis for the 2004 Spring and Fall semesters, Sharon became a full-time student for the 2005 Spring semester. College V classified Sharon as a second-semester sophomore for the 2005 Spring semester and as a first-semester junior for the 2005 Fall semester. Because College V did not classify Sharon as having completed the first two years of postsecondary education as of the beginning of 2005, Sharon is an eligible student for tax year 2005. Therefore, the qualified education expenses paid for the 2005 Spring semester and the 2005 Fall semester are taken into account in calculating any Hope credit for 2005.

    Example 3.

    During the 2004 Fall semester, Luis was a high school student who took classes on a half-time basis at College X. Luis was not enrolled as part of a degree program at College X because College X only admits students to a degree program if they have a high school diploma or equivalent. Because Luis was not enrolled in a degree program at College X during 2004, Luis was not an eligible student for tax year 2004.

    Example 4.

    The facts are the same as in Example 3. During the 2005 Spring semester, Luis again attended College X but not as part of a degree program. Luis graduated from high school in June 2005. For the 2005 Fall semester, Luis enrolled as a full-time student in College X as part of a degree program, and College X awarded Luis credit for his prior coursework at College X. Because Luis was enrolled in a degree program at College X for the 2005 Fall term on at least a half-time basis, Luis is an eligible student for all of tax year 2005. Therefore, the qualified education expenses paid for classes taken at College X during both the 2005 Spring semester (during which Luis was not enrolled in a degree program) and the 2005 Fall semester are taken into account in computing any Hope credit.

    Example 5.

    Diana graduated from high school in June 2003. In January 2004, Diana enrolled in a one-year postsecondary certificate program on a full-time basis to obtain a certificate as a travel agent. Diana completed the program in December 2004, and was awarded a certificate. In January 2005, she enrolled in a one-year postsecondary certificate program on a full-time basis to obtain a certificate as a computer programmer. Diana is an eligible student for both tax years 2004 and 2005 because she meets the degree requirement, the work load requirement, and the year of study requirement for those years.

    Figures Tables and figures Figure 2-1. Who Is an Eligible Student for the Hope Credit? Summary: This flowchart is used to determine if a student is eligible for the Hope credit. Start This is the starting of the flowchart. Decision (1) Did the student complete the first 2 years of postsecondary education before the beginning of the tax year? IF Yes Continue To Process (a) IF No Continue To Decision (2) Decision (2) Was the credit claimed in at least 2 prior tax years for this student? IF Yes Continue To Process (a) IF No Continue To Decision (3) Decision (3) Was the student enrolled at least half-time in a program leading to a degree, certificate, or other recognized educational credential for at least one academic period beginning during the tax year? IF Yes Continue To Decision (4) IF No Continue To Process (a) Decision (4) Is the student free of any federal or state felony conviction for possessing or distributing a controlled substance as of the end of the tax year? IF Yes Continue To Process (b) IF No Continue To Process (a) Process (a) The student is not an eligible student. Continue To End Process (b) The student is an eligible student. Continue To End End This is the ending of the flowchart.

    Who Can Claim a Dependent's Expenses

    Hope credit: Claiming dependent's expensesIf there are qualified education expenses for your dependent for a year, either you or your dependent, but not both of you, can claim a Hope credit for your dependent's expenses for that year.

    For you to claim a Hope credit for your dependent's expenses, you must also claim an exemption for your dependent. You do this by listing your dependent's name and other required information on Form 1040 (or Form 1040A), line 6c. IF you... THEN only... claim an exemption on your tax return for a dependent who is an eligible student you can claim the Hope credit based on that dependent's expenses. The dependent cannot claim the credit. do not claim an exemption on your tax return for a dependent who is an eligible student (even if entitled to the exemption) the dependent can claim the Hope credit. You cannot claim the credit based on this dependent's expenses.

    Expenses paid by dependent.

    If you claim an exemption on your tax return for an eligible student who is your dependent, treat any expenses paid (or deemed paid) by your dependent as if you had paid them. Include these expenses when figuring the amount of your Hope credit. Tables and figures: Hope credit: Eligible student requirements (Figure 2-1) Hope credit: Eligible student: Requirements (Figure 2-1)

    Qualified education expenses paid directly to an eligible educational institution for your dependent under a court-approved divorce decree are treated as paid by your dependent.

    Divorce: Expenses paid under decree: Hope credit
    Expenses paid by you.

    If you claim an exemption for a dependent who is an eligible student, only you can include any expenses you paid when figuring the amount of the Hope credit. If neither you nor anyone else claims an exemption for the dependent, only the dependent can include any expenses you paid when figuring the Hope credit.

    Expenses paid by others.

    Someone other than you, your spouse, or your dependent (such as a relative or former spouse) may make a payment directly to an eligible educational institution to pay for an eligible student's qualified education expenses. In this case, the student is treated as receiving the payment from the other person and, in turn, paying the institution. If you claim an exemption on your tax return for the student, you are considered to have paid the expenses.

    Example.

    In 2005, Ms. Allen makes a payment directly to an eligible educational institution for her grandson Todd's qualified education expenses. For purposes of claiming a Hope credit, Todd is treated as receiving the money as a gift from his grandmother and, in turn, paying his qualified education expenses himself.

    Unless an exemption for Todd is claimed on someone else's return, only Todd can use the payment to claim a Hope credit.

    If anyone, such as Todd's parents, claims an exemption for Todd on his or her tax return, whoever claims the exemption may be able to use the expenses to claim a Hope credit. If anyone else claims an exemption for Todd, Todd cannot claim a Hope credit.

    Tuition reduction. Hope credit: Claiming dependent's expenses: Tuition reduction Tuition reduction: Hope credit

    Hope credit: Claiming dependent's expensesWhen an eligible educational institution provides a reduction in tuition to an employee of the institution (or spouse or dependent child of an employee), the amount of the reduction may or may not be taxable. If it is taxable, the employee is treated as receiving a payment of that amount and, in turn, paying it to the educational institution on behalf of the student. For more information on tuition reductions, see Qualified Tuition Reduction in chapter 1.

    Figuring the Credit

    Hope credit: Figuring the creditThe amount of the Hope credit (per eligible student) is the sum of:

  • 100% of the first $1,000 of qualified education expenses you paid for the eligible student, and
  • 50% of the next $1,000 of qualified education expenses you paid for that student.
  • The maximum amount of Hope credit you can claim in 2005 is $1,500 times the number of eligible students. You can claim the full $1,500 for each eligible student for whom you paid at least $2,000 of qualified education expenses. However, the credit may be reduced based on your modified adjusted gross income (MAGI). See Effect of the Amount of Your Income on the Amount of Your Credit, below.

    Example.

    Jon and Karen Frost are married and file a joint tax return. For 2005, they claim an exemption for their dependent daughter on their tax return. Their MAGI is $70,000. Their daughter is in her sophomore (second) year of studies at the local university. Jon and Karen paid qualified education expenses of $4,300 in 2005.

    Jon and Karen, their daughter, and the local university meet all of the requirements for the Hope credit. Jon and Karen can claim a $1,500 Hope credit in 2005. This is 100% of the first $1,000 of qualified education expenses, plus 50% of the next $1,000.

    Form 1098-T. Form 1098-T: Hope credit

    To help you figure your Hope credit, you should receive Form 1098-T. Generally, an eligible educational institution (such as a college or university) must send Form 1098-T (or acceptable substitute) to each enrolled student by January 31, 2006. An institution may choose to report either payments received (box 1), or amounts billed (box 2), for qualified education expenses. In addition, your Form 1098-T should give you other information for that institution, such as adjustments made for prior years, the amount of scholarships or grants, reimbursements or refunds, and whether you were enrolled at least half-time or were a graduate student.

    Form W-9SThe eligible educational institution may ask for a completed Form W-9S, Request for Student's or Borrower's Taxpayer Identification Number and Certification, or similar statement to obtain the student's name, address, and taxpayer identification number.

    Effect of the Amount of Your Income on the Amount of Your Credit Hope credit: Income limits Hope credit: Income level, effect on amount of credit

    The amount of your Hope credit is phased out (gradually reduced) if your modified adjusted gross income (MAGI) is between $43,000 and $53,000 ($87,000 and $107,000 if you file a joint return). You cannot claim a Hope credit if your MAGI is $53,000 or more ($107,000 or more if you file a joint return).

    Modified adjusted gross income (MAGI). Hope credit: Modified adjusted gross income (MAGI) Modified adjusted gross income (MAGI): Hope credit

    For most taxpayers, MAGI is adjusted gross income (AGI) as figured on their federal income tax return.

    MAGI when using Form 1040A.

    If you file Form 1040A, your MAGI is the AGI on line 22 of that form.

    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:

  • Foreign earned income exclusion,
  • Foreign housing exclusion,
  • Exclusion of income for bona fide residents of American Samoa, and
  • Exclusion of income from Puerto Rico.
  • You can use Worksheet 2-1, later, to figure your MAGI.

    Worksheet 2-1. MAGI for the Hope Credit
    1. Enter your adjusted gross income (Form 1040, line 38) 1. 2. Enter your foreign earned income exclusion and/or housing exclusion (Form 2555, line 43, or Form 2555-EZ, line 18) 2. 3. Enter the amount of income from Puerto Rico that you are excluding 3. 4. Enter the amount of income from American Samoa that you are excluding (Form 4563, line 15) 4. 5. Add the amounts on lines 2, 3, and 4 5. 6. Add the amounts on lines 1 and 5. This is your modified adjusted gross income. Enter this amount on Form 8863, line 9 6.
    Worksheets: Hope credit MAGI calculation (Worksheet 2-1)

    Hope credit: Claiming the credit: Qualifying to claim (Figure 2-2) Tables and figures: Hope credit: Qualifying to claim (Figure 2-2) Figure 2–2. Can You Claim the Hope Credit for 2005? Summary: This flowchart is used to determine if you qualify to claim the Hope Credit for 2005. Start This is the start of the flowchart. Decision (1) Did you* pay qualified education expenses in 2005 for an eligible student? IF YES continue to Decision (2) IF NO continue to Process (a) Decision (2) Did the academic period for which you paid qualified education expenses begin in 2005 or the first 3 months of 2005? IF YES continue to Decision (3) IF NO continue to Process (a) Decision (3) Is the eligible student you, your spouse (if married filing jointly), or your dependent for whom you claim an exemption on your tax return? IF YES continue to Decision (4) IF NO continue to Process (a) Decision (4) Are you listed as a dependent on another person's tax return? IF YES continue to Process (a) IF NO continue to Decision (5) Decision (5) Is your filing status married filing separately? IF YES continue to Process (a) IF NO continue to Decision (6) Decision (6) Were you (or your spouse) a nonresident alien for any part of 2005 who did not elect to be treated as a resident alien for tax purposes? IF YES continue to Process (a) IF NO continue to Decision (7) Decision (7) Is your modified adjusted gross income (MAGI) less than $53,000 ($107,000 if married filing jointly)? IF YES continue to Decision (8) IF NO continue to Process (a) Decision (8) Do you have a tax liability (Form 1040, line 46 minus lines 47, 48, and 49) (Form 1040A, line 28 minus lines 29 and 30)? IF YES continue to Decision (9) IF NO continue to Process (a) Decision (9) Did you claim a lifetime learning credit or a tuition and fees deduction for the same student? IF YES continue to Process (a) IF NO continue to Decision (10) Decision (10) Did you use the same expenses to claim a deduction or credit, or to figure the tax-free portion of a Coverdell ESA or QTP distribution? IF YES continue to Process (a) IF NO continue to Decision (11) Decision (11) Were the same expenses paid with tax-free scholarship, fellowship, grant, or employer-provided educational assistance? IF YES continue to Process (a) IF NO continue to Decision (12) Decision (12) Did you, or someone else who paid these expenses on behalf of a student, receive a refund of all the expenses? IF YES continue to Process (a) IF NO continue to Process (b) Process (a) You cannot claim the Hope credit for 2005. Continue to End Process (b) You can claim the Hope credit for 2005. Continue to End * If you claim an exemption for your dependent, qualified education expenses paid by your dependent or by a third party for your dependent are considered paid by you. End This is the end of the flowchart.
    Phaseout. Hope credit: Phaseout Phaseout: Hope credit Hope credit: Figuring the credit

    If your MAGI is within the range of incomes where the credit must be reduced, you will figure your reduced credit using lines 7–13 of Form 8863. The same method is shown in the following example.

    Example.

    The information is the same as in the previous example for the Frosts, except that Jon and Karen have a MAGI of $90,000.

    They figure the tentative Hope credit (100% of the first $1,000 of qualified education expenses, plus 50% of the next $1,000 of qualified education expenses). As shown in the previous example, the result is a $1,500 tentative credit.

    Because the Frosts' MAGI is within the range of incomes where the credit must be reduced, they must multiply their tentative credit ($1,500) by a fraction. The numerator of the fraction is $107,000 (the upper limit for those filing a joint return) minus their MAGI. The denominator is $20,000, the range of incomes for the phaseout ($87,000 to $107,000). The result is the amount of their phased out (reduced) Hope credit ($1,275).

    $1,500 × $107,000 − $90,000 $20,000 = $1,275

    Claiming the Credit

    Modified adjusted gross income (MAGI): Hope credit: Worksheet 2-1 Hope credit: Modified adjusted gross income (MAGI): Worksheet 2-1 Hope credit: Claiming the credit Reporting: Hope creditYou claim the Hope credit by completing Parts I and III of Form 8863 and submitting it with your Form 1040 or 1040A. Enter the credit on Form 1040, line 50, or on Form 1040A, line 31. A filled-in Form 8863 is shown at the end of this chapter.

    When Must the Credit Be Repaid (Recaptured)

    Hope credit: Repayment of credit Recapture: Hope creditIf, after you file your 2005 tax return, you or someone else receives tax-free educational assistance for, or a refund of, an expense you used to figure a Hope credit on that return, you may have to repay all or part of the credit. You must refigure your Hope credit for 2005 as if the assistance or refund was received in 2005. Subtract the amount of the refigured credit from the amount of the credit you claimed. The result is the amount you must repay. You add the repayment (recapture) to your tax liability for the year in which you receive the assistance or refund (see the instructions for your tax return for that year). Your original 2005 tax return does not change.

    Illustrated Example

    Jim Grant, a single taxpayer, enrolled full-time at a local college to earn a degree in computer science. This is the first year of his postsecondary education. During 2005, he paid $2,600 for his qualified 2005 tuition. He received Form 1098-T (shown later) from the college. He and the college meet all of the requirements for the Hope credit. Jim's MAGI is $34,000. His income tax liability, before credits, is $3,404. He figures his credit of $1,500 as shown on the Form 8863 on page 17.

    Note.

    Form 8863: Hope credit In Appendix A at the end of this publication there is an example illustrating the use of Form 8863 when both the Hope credit and the lifetime learning credit are claimed on the same tax return.

    Form 8863: Filled-in examples Hope credit Form 8863 Education Credits (Hope and Lifetime Learning Credits) 2005 Summary: This is an example of Form 8863 (2005) as pertains to the description in the text. The line items completed are: Name(s) shown on return field contains Jim Grant Your social security number field contains 000-00-4321 Under Part I: Hope Credit.: 1a. Student's name (as shown on page 1 of your tax return) First name field contains Jim Last name field contains Grant 1b. Student's social security number (as shown on page 1 of your tax return) field contains 000-00-4321 1c. Qualified expenses (but do not enter more than $2,000 for each student). See instructions field contains 2,000 1d. Enter the smaller of the amount in column (c) or $1,000 field contains 1,000 1e. Add column (c) and column (d) field contains 3,000 1f. Enter one-half of the amount in column (e) field contains 1,500 2. Tentative Hope credit. Add the amounts on line 1, column (f). If you are claiming the lifetime learning credit, go to Part II; otherwise, go to Part III field contains 1,500 Under Part III: Allowable Education Credits: 7. Tentative education credits. Add lines 2 and 6 field contains 1,500 8. Enter: $107,000 if married filing jointly; $53,000 if single, head of household, or qualifying widow(er) field contains 53,000 9. Enter the amount from Form 1040, line 38, or Form 1040A, line 22 field contains 34,000 10. Subtract line 9 from line 8. If line 9 is equal to or more than line 8, stop; you cannot take any education credits field contains 19,000 11. Enter: $20,000 if married filing jointly; $10,000 if single, head of household, or qualifying widow(er) field contains 10,000 13. Multiply line 7 by line 12 field contains 1,500 14. Enter the amount from Form 1040, line 46, or Form 1040A, line 28 field contains 3,404 15. Enter the total, if any, of your credits from Form 1040, lines 47 through 49, or Form 1040A, lines 29 and 30 field contains 0 16. Enter the amount from Form 6251, line 31 field contains 0 17. Add lines 15 and 16 field contains 0 18. Subtract line 17 from line 14. If zero or less, stop; you cannot take any education credits field contains 3,404 19. Education credits. Enter the smaller of line 13 or line 18 here and on Form 1040, lines 49, or Form 1040A, line 31 field contains 1,500

    Form 1098-T Tuition Statement 2005 Summary: This is an example of Form 1098-T (2005) as pertains to the description in the text. The line items completed are:

    Lifetime Learning Credit What's New Income limits increased. Credits Lifetime learning Lifetime learning credit Lifetime learning credit Lifetime learning credit: Income limits

    The amount of your lifetime learning credit for 2005 is gradually reduced (phased out) if your modified adjusted gross income (MAGI) is between $43,000 and $53,000 ($87,000 and $107,000 if you file a joint return). You cannot claim a credit if your MAGI is $53,000 or more ($107,000 or more if you file a joint return). This is an increase from the 2004 limits of $42,000 and $52,000 ($85,000 and $105,000 if filing a joint return). See Effect of the Amount of Your Income on the Amount of Your Credit, later, for more information.

    There are two tax credits available to help you offset the costs of higher education by reducing the amount of your income tax. They are the Hope credit and the lifetime learning credit, also referred to as education credits. This chapter discusses the lifetime learning credit. The Hope credit is discussed in chapter 2.

    This chapter explains:

  • Who can claim the lifetime learning credit,
  • What expenses qualify for the credit,
  • Who is an eligible student,
  • Who can claim a dependent's expenses,
  • How to figure the credit,
  • How to claim the credit, and
  • When the credit must be repaid.
  • What is the tax benefit of the lifetime learning credit. Lifetime learning credit: Tax benefit of

    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.

    A tax credit reduces the amount of income tax you may have to pay. Unlike a deduction, which reduces the amount of income subject to tax, a credit directly reduces the tax itself. The lifetime learning 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 lifetime learning credit you are allowed may be limited by the amount of your income and the amount of your tax.

    You may be able to take a tuition and fees deduction for your education expenses instead of a lifetime learning credit. You can choose the one that will give you the lower tax. See chapter 6 for details about the deduction.

    Can you claim both education credits this year.

    For each student, you can elect for any year only one of the credits. For example, if you elect to take the lifetime learning credit for a child on your 2005 tax return, you cannot, for that same child, also claim the Hope credit for 2005.

    If you are eligible to claim the lifetime learning credit and you are also eligible to claim the Hope credit for the same student in the same year, you can choose to claim either credit, but not both. For 2005, if the total qualified education expenses for a student are more than $7,500, it will generally be to your benefit to claim the lifetime learning credit.

    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 credit for one student and the lifetime learning credit for another student in the same year.

    Differences between the lifetime learning and Hope credits. Lifetime learning credit: Differences from Hope credit

    There are several differences between these two credits. For example, you can claim the Hope credit based on the same student's expenses for no more than 2 years. However, there is no limit on the number of years for which you can claim a lifetime learning credit based on the same student's expenses. The differences between the two credits are summarized in Table 3-1.

    Table 3-1. Comparison of Education Credits
    Lifetime Learning Credit Hope Credit Up to $2,000 credit per return Up to $1,500 credit per eligible student Available for all years of postsecondary education and for courses to acquire or improve job skills Available ONLY until the first 2 years of post- secondary education are completed Available for an unlimited number of years Available ONLY for 2 years per eligible student Student does not need to be pursuing a degree or other recognized education credential Student must be pursuing an undergraduate degree or other recognized education credential Available for one or more courses Student must be enrolled at least half time for at least one academic period beginning during the year Felony drug conviction rule does not apply No felony drug conviction on student's record
    Lifetime learning credit: Differences from Hope credit: Comparison table (Table 3-1) Tables and figures: Education credits, comparison of (Tables 2-1 & 3-1) Tables and figures: Lifetime learning credit: Comparing education credits (Table 3-1)

    Can You Claim the Credit

    Lifetime learning credit: Claiming the creditThe following rules will help you determine if you are eligible to claim the lifetime learning credit on your tax return.

    Who Can Claim the Credit

    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.
  • Note.

    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.

    Qualified education expenses are defined below under What Expenses Qualify. Eligible students are defined later under Who Is an Eligible Student. A dependent for whom you claim an exemption is defined later under Who Can Claim a Dependent's Expenses.

    You may find Figure 3-1, later in this chapter, helpful in determining if you can claim a lifetime learning credit on your tax return.

    Who Cannot Claim the Credit

    You cannot claim the lifetime learning credit for 2005 if any of the following apply.

  • Your filing status is married filing separately.
  • You are listed as a dependent in the Exemptions section on another person's tax return (such as your parents'). See Who Can Claim a Dependent's Expenses, later.
  • Your modified adjusted gross income (MAGI) is $53,000 or more ($107,000 or more in the case of a joint return). MAGI is explained later under Effect of the Amount of Your Income on the Amount of Your Credit.
  • You (or your spouse) were a nonresident alien for any part of 2005 and the nonresident alien 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 claim the Hope credit or a tuition and fees deduction for the same student in 2005.
  • Lifetime learning credit: Claiming the credit

    What Expenses Qualify

    Lifetime learning credit: Expenses qualifying forThe lifetime learning credit is based on qualified education expenses you pay for yourself, your spouse, or a dependent for whom you claim an exemption on your tax return. Generally, the credit is allowed for qualified education expenses paid in 2005 for an academic period beginning in 2005 or in the first 3 months of 2006.

    For example, if you paid $1,500 in December 2005 for qualified tuition for the Spring 2006 semester beginning in January 2006, you may be able to use that $1,500 in figuring your 2005 credit.

    Academic period. Academic period: Lifetime learning credit Lifetime learning credit: Academic period

    An academic period includes a semester, trimester, quarter, or other period of study (such as a summer school session) as reasonably determined by an educational institution. In the case of an educational institution that uses credit hours or clock hours and does not have academic terms, each payment period can be treated as an academic period.

    Paid with borrowed funds. Loans: Qualified education expenses paid with: Lifetime learning credit

    You can claim a lifetime learning credit for qualified education expenses paid with the proceeds of a loan. You use the expenses to figure the lifetime learning credit for the year in which the expenses are paid, not the year in which the loan is repaid. Treat loan payments sent directly to the educational institution as paid on the date the institution credits the student's account.

    Student withdraws from class(es).

    You can claim a lifetime learning credit for qualified education expenses not refunded when a student withdraws.

    Qualified Education Expenses Lifetime learning credit: Qualified education expenses Qualified education expenses: Lifetime learning credit

    For purposes of the lifetime learning credit, qualified education expenses are tuition and certain related expenses required for enrollment in a course at an eligible educational institution. The course must be either part of a postsecondary degree program or taken by the student to acquire or improve job skills.

    Eligible educational institution. Eligible educational institution: Lifetime learning credit Lifetime learning credit: Eligible educational institution

    An eligible educational institution is any college, university, vocational school, or other postsecondary educational institution eligible to participate in a student aid program administered by the Department of Education. It includes virtually all accredited public, nonprofit, and proprietary (privately owned profit-making) postsecondary institutions. The educational institution should be able to tell you if it is an eligible educational institution.

    Certain educational institutions located outside the United States also participate in the U.S. Department of Education's Federal Student Aid (FSA) programs.

    Related expenses.

    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. For examples, see Related expenses in chapter 2 under Qualified Education Expenses.

    No Double Benefit Allowed Double benefit not allowed: Lifetime learning credit

    You cannot do any of the following:

  • Deduct higher education expenses on your income tax return (as, for example, a business expense) and also claim a lifetime learning credit based on those same expenses.
  • Claim a lifetime learning credit in the same year that you are claiming a tuition and fees deduction for the same student.
  • Claim a lifetime learning credit and a Hope credit based on the same qualified education expenses.
  • Claim a lifetime learning credit based on the same expenses used to figure the tax-free portion of a distribution from a Coverdell education savings account (ESA) or qualified tuition program (QTP). See Coordination With Hope and Lifetime Learning Credits in chapter 7 (Coverdell ESA) and chapter 8 (QTP).
  • Claim a credit based on qualified education expenses paid with a tax-free scholarship, grant, or employer-provided educational assistance. See Adjustments to Qualified Education Expenses, next.
  • Adjustments to Qualified Education Expenses Lifetime learning credit: Adjustments to qualified education expenses Qualified education expenses: Adjustments to: Lifetime learning credit

    If you pay qualified education expenses with certain tax-free funds, you cannot claim a credit for those amounts. You must reduce the qualified education expenses by the amount of any tax-free educational assistance and refund(s) you received.

    Tax-free educational assistance. Tax-free educational assistance: Lifetime learning credit

    This includes:

  • The tax-free part of scholarships and fellowships (see chapter 1),
  • Pell grants (see chapter 1),
  • Employer-provided educational assistance (see chapter 11),
  • Veterans' educational assistance (see chapter 1), and
  • Any other nontaxable (tax-free) payments (other than gifts or inheritances) received as educational assistance.
  • Refunds. Refunds: Lifetime learning credit Lifetime learning credit: Refunds

    Qualified education expenses do not include expenses for which you, or someone else who paid qualified education expenses on behalf of a student, receive a refund. (For information on expenses paid by a dependent student or third party, see Who Can Claim a Dependent's Expenses, later in this chapter.)

    If a refund of expenses paid in 2005 is received before you file your tax return for 2005, simply reduce the amount of the expenses paid by the amount of the refund received. If the refund is received after you file your 2005 tax return, see When Must the Credit Be Repaid (Recaptured), later.

    You are considered to receive a refund of expenses when an eligible educational institution refunds loan proceeds to the lender on behalf of the borrower. Depending on when you are considered to receive the refund, follow the above instructions or see When Must the Credit Be Repaid (Recaptured), later.

    Amounts that do not reduce qualified education expenses.

    Do not reduce qualified education expenses by amounts paid with funds the student receives as:

  • Payment for services, such as wages,
  • A loan,
  • A gift,
  • An inheritance, or
  • A withdrawal from the student's personal savings.
  • Do not reduce the qualified education expenses by any scholarship or fellowship reported as income on the student's tax return in the following situations.

  • The use of the money is restricted to costs of attendance (such as room and board) other than qualified education expenses.
  • The use of the money is not restricted and is used to pay education expenses that are not qualified (such as room and board).
  • For examples, see Adjustments to Qualified Education Expenses in chapter 2.

    Lifetime learning credit: Expenses qualifying for Lifetime learning credit: Qualified education expenses Qualified education expenses: Lifetime learning credit
    Expenses That Do Not Qualify Qualified education expenses: Expenses not qualified: Lifetime learning credit

    Qualified education expenses do not include amounts paid for:

  • Insurance,
  • Medical expenses (including student health fees),
  • Room and board,
  • Transportation, or
  • Similar personal, living, or family expenses.
  • This is true even if the amount must be paid to the institution as a condition of enrollment or attendance.

    Sports, games, hobbies, and noncredit courses. Sports, games, hobbies, and noncredit courses: Lifetime learning credit

    Qualified education expenses generally do not include expenses that relate to any course of instruction or other education that involves sports, games or hobbies, or any noncredit course. However, if the course of instruction or other education is part of the student's degree program or is taken by the student to acquire or improve job skills, these expenses can qualify.

    Comprehensive or bundled fees. Comprehensive or bundled fees: Lifetime learning credit

    Some eligible educational institutions combine all of their fees for an academic period into one amount. If you do not receive or do not have access to an allocation showing how much you paid for qualified education expenses and how much you paid for personal expenses, such as those listed above, contact the institution. The institution is required to make this allocation and provide you with the amount you paid (or were billed) for qualified education expenses on Form 1098-T, Tuition Statement. See Figuring the Credit, later, for more information about Form 1098-T.

    Who Is an Eligible Student

    Eligible student: Lifetime learning credit Lifetime learning credit: Eligible studentFor purposes of the lifetime learning credit, an eligible student is a student who is enrolled in one or more courses at an eligible educational institution (as defined under Qualified Education Expenses, earlier).

    Lifetime learning credit: Claiming the credit: Qualifying to claim (Figure 3-1) Lifetime learning credit: Qualifying to claim (Figure 3-1) Tables and figures: Lifetime learning credit: Qualifying to claim (Figure 3-1) Figure 3–1. Can You Claim the Lifetime Learning Credit for 2005? Summary: This flowchart is used to determine if you* qualify to claim the lifetime learning credit for 2005. Start This is the start of the flowchart. Decision (1) Did you* pay qualified education expenses in 2005 for an eligible student? IF YES continue to Decision (2) IF NO continue to Process (a) Decision (2) Did the academic period for which you paid qualified education expenses begin in 2005 or the first 3 months of 2005? IF YES continue to Decision (3) IF NO continue to Process (a) Decision (3) Is the eligible student you, your spouse (if married filing jointly), or your dependent for whom you claim an exemption on your tax return? IF YES continue to Decision (4) IF NO continue to Process (a) Decision (4) Are you listed as a dependent on another person's tax return? IF YES continue to Process (a) IF NO continue to Decision (5) Decision (5) Is your filing status married filing separately? IF YES continue to Process (a) IF NO continue to Decision (6) Decision (6) Were you (or your spouse) a nonresident alien for any part of 2005 who did not elect to be treated as a resident alien for tax purposes? IF YES continue to Process (a) IF NO continue to Decision (7) Decision (7) Is your modified adjusted gross income (MAGI) less than $53,000 ($107,000 if married filing jointly)? IF YES continue to Decision (8) IF NO continue to Process (a) Decision (8) Do you have a tax liability (Form 1040, line 46 minus lines 47, 48, and 49) (Form 1040A, line 28 minus lines 29 and 30)? IF YES continue to Decision (9) IF NO continue to Process (a) Decision (9) Did you claim a lifetime learning credit or a tuition and fees deduction for the same student? IF YES continue to Process (a) IF NO continue to Decision (10) Decision (10) Did you use the same expenses to claim a deduction or credit, or to figure the tax-free portion of a Coverdell ESA or QTP distribution? IF YES continue to Process (a) IF NO continue to Decision (11) Decision (11) Were the same expenses paid with tax-free scholarship, fellowship, grant, or employer-provided educational assistance? IF YES continue to Process (a) IF NO continue to Decision (12) Decision (12) Did you, or someone else who paid these expenses on behalf of a student, receive a refund of all the expenses? IF YES continue to Process (a) IF NO continue to Process (b) Process (a) You cannot claim the lifetime learning credit for 2005. Continue to End Process (b) You can claim the lifetime learning credit for 2005. Continue to End *If you claim an exemption for your dependent, qualified education expenses paid by your dependent or by a third party for your dependent are considered paid by you. End *Qualified education expenses paid by your dependent or by a third party for your dependent are considered paid by you. This is the end of the flowchart.
    Who Can Claim a Dependent's Expenses

    Lifetime learning credit: Claiming dependent's expensesIf there are qualified education expenses for your dependent for a year, either you or your dependent, but not both of you, can claim a lifetime learning credit for your dependent's expenses for that year.

    For you to claim a lifetime learning credit for your dependent's expenses, you must also claim an exemption for your dependent. You do this by listing your dependent's name and other required information on Form 1040 (or Form 1040A), line 6c. IF you... THEN only... claim an exemption on your tax return for a dependent who is an eligible student you can claim the lifetime learning credit based on that dependent's expenses. The dependent cannot claim the credit. do not claim an exemption on your tax return for a dependent who is an eligible student (even if entitled to the exemption) the dependent can claim the lifetime learning credit. You cannot claim the credit based on this dependent's expenses.

    Expenses paid by dependent.

    If you claim an exemption on your tax return for an eligible student who is your dependent, treat any expenses paid (or deemed paid) by your dependent as if you had paid them. Include these expenses when figuring the amount of your lifetime learning credit.

    Qualified education expenses paid directly to an eligible educational institution for your dependent under a court-approved divorce decree are treated as paid by your dependent.

    Divorce: Expenses paid under decree: Lifetime learning credit
    Expenses paid by you.

    If you claim an exemption for a dependent who is an eligible student, only you can include any expenses you paid when figuring the amount of the lifetime learning credit. If neither you nor anyone else claims an exemption for the dependent, only the dependent can include any expenses you paid when figuring the lifetime learning credit.

    Expenses paid by others.

    Someone other than you, your spouse, or your dependent (such as a relative or former spouse) may make a payment directly to an eligible educational institution to pay for an eligible student's qualified education expenses. In this case, the student is treated as receiving the payment from the other person and, in turn, paying the institution. If you claim an exemption on your tax return for the student, you are considered to have paid the expenses.

    Example.

    In 2005, Ms. Allen makes a payment directly to an eligible educational institution for her grandson Todd's qualified education expenses. For purposes of claiming a lifetime learning credit, Todd is treated as receiving the money as a gift from his grandmother and, in turn, paying his qualified education expenses himself.

    Unless an exemption for Todd is claimed on someone else's return, only Todd can use the payment to claim a lifetime learning credit.

    If anyone, such as Todd's parents, claims an exemption for Todd on his or her tax return, whoever claims the exemption may be able to use the expenses to claim a lifetime learning credit. If anyone else claims an exemption for Todd, Todd cannot claim a lifetime learning credit.

    Tuition reduction. Tuition reduction: Lifetime learning credit Lifetime learning credit: Claiming dependent's expenses: Tuition reduction

    When an eligible educational institution provides a reduction in tuition to an employee of the institution (or spouse or dependent child of an employee), the amount of the reduction may or may not be taxable. If it is taxable, the employee is treated as receiving a payment of that amount and, in turn, paying it to the educational institution on behalf of the student. For more information on tuition reductions, see Qualified Tuition Reduction in chapter 1.

    Figuring the Credit

    Lifetime learning credit: Figuring the creditThe amount of the lifetime learning credit is 20% of the first $10,000 of qualified education expenses you paid for all eligible students. The maximum amount of lifetime learning credit you can claim for 2005 is $2,000 (20% × $10,000). However, that amount may be reduced based on your modified adjusted gross income (MAGI). See Effect of the Amount of Your Income on the Amount of Your Credit below.

    Example.

    Bruce and Toni Harper are married and file a joint tax return. For 2005, their MAGI is $75,000. Toni is attending a local college (an eligible educational institution) to earn credits toward a degree in nursing. She already has a bachelor's degree in history and wants to become a nurse. In August 2005, Toni paid $6,000 of qualified education expenses for her Fall 2005 semester. Bruce and Toni can claim a $1,200 (20% × $6,000) lifetime learning credit on their 2005 joint tax return.

    Form 1098-T. Form 1098-T: Lifetime learning credit

    To help you figure your lifetime learning credit, you should receive Form 1098-T. Generally, an eligible educational institution (such as a college or university) must send Form 1098-T (or acceptable substitute) to each enrolled student by January 31, 2006. An institution may choose to report either payments received (box 1), or amounts billed (box 2), for qualified education expenses. In addition, your Form 1098-T should give you other information for that institution, such as adjustments made for prior years, the amount of scholarships or grants, reimbursements or refunds, and whether you were enrolled at least half-time or were a graduate student.

    Form W-9SThe eligible educational institution may ask for a completed Form W-9S, Request for Student's or Borrower's Taxpayer Identification Number and Certification, or similar statement to obtain the student's name, address, and taxpayer identification number.

    Effect of the Amount of Your Income on the Amount of Your Credit Lifetime learning credit: Income level, effect on amount of credit Lifetime learning credit: Income limits

    The amount of your lifetime learning credit is phased out (gradually reduced) if your modified adjusted gross income (MAGI) is between $43,000 and $53,000 ($87,000 and $107,000 if you file a joint return). You cannot claim a lifetime learning credit if your MAGI is $53,000 or more ($107,000 or more if you file a joint return).

    Modified adjusted gross income (MAGI). Lifetime learning credit: Modified adjusted gross income (MAGI) Modified adjusted gross income (MAGI): Lifetime learning credit

    For most taxpayers, MAGI is adjusted gross income (AGI) as figured on their federal income tax return.

    MAGI when using Form 1040A.

    If you file Form 1040A, your MAGI is the AGI on line 22 of that form.

    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:

  • Foreign earned income exclusion,
  • Foreign housing exclusion,
  • Exclusion of income for bona fide residents of American Samoa, and
  • Exclusion of income from Puerto Rico.
  • Lifetime learning credit: Modified adjusted gross income (MAGI): Worksheet 3-1 Modified adjusted gross income (MAGI): Lifetime learning credit: Worksheet 3-1 Worksheets: Lifetime learning credit MAGI calculation (Worksheet 3-1) You can use Worksheet 3-1 to figure your MAGI.

    Worksheet 3-1. MAGI for the Lifetime Learning Credit
    1. Enter your adjusted gross income (Form 1040, line 38) 1. 2. Enter your foreign earned income exclusion and/or housing exclusion (Form 2555, line 43, or Form 2555-EZ, line 18) 2. 3. Enter the amount of income from Puerto Rico that you are excluding 3. 4. Enter the amount of income from American Samoa that you are excluding (Form 4563, line 15) 4. 5. Add the amounts on lines 2, 3, and 4 5. 6. Add the amounts on lines 1 and 5. This is your modified adjusted gross income. Enter this amount on Form 8863, line 9 6.
    Phaseout. Lifetime learning credit: Phaseout Phaseout: Lifetime learning credit

    If your MAGI is within the range of incomes where the credit must be reduced, you will figure your reduced credit using lines 7–13 of Form 8863. The same method is shown in the following example.

    Example.

    The information is the same as in the Harper example (previous page), except that Bruce and Toni have a MAGI of $97,000.

    They figure the tentative lifetime learning credit (20% of the first $10,000 of qualified education expenses they paid for all eligible students). As shown in the previous example, the result is a $1,200 (20% x $6,000) tentative credit.

    Because the Harpers' MAGI is within the range of incomes where the credit must be reduced, they must multiply their tentative credit ($1,200) by a fraction. The numerator of the fraction is $107,000 (the upper limit for those filing a joint return) minus their MAGI. The denominator is $20,000, the range of incomes for the phaseout ($87,000 to $107,000). The result is the amount of their phased out (reduced) lifetime learning credit ($600).

    $1,200 × $107,000 − $97,000 $20,000 = $600

    Lifetime learning credit: Income level, effect on amount of credit
    Claiming the Credit Lifetime learning credit: Claiming the credit Reporting: Lifetime learning credit

    You claim the lifetime learning credit by completing Parts II and III of Form 8863 and submitting it with your Form 1040 or 1040A. Enter the credit on Form 1040, line 50, or Form 1040A, line 31. A filled-in Form 8863 is shown at the end of this chapter.

    When Must the Credit Be Repaid (Recaptured)

    Lifetime learning credit: Repayment of credit Recapture: Lifetime learning creditIf, after you file your 2005 tax return, you or someone else receives tax-free educational assistance for, or a refund of, an expense you used to figure a lifetime learning credit on that return, you may have to repay all or part of the credit. You must refigure your lifetime learning credit for 2005 as if the assistance or refund was received in 2005. Subtract the amount of the refigured credit from the amount of the credit you claimed. The result is the amount you must repay. You add the repayment (recapture) to your tax liability for the year in which you receive the assistance or refund (see the instructions for your tax return for that year). Your original 2005 tax return does not change.

    Illustrated Example

    Judy Green, a single taxpayer, is taking courses at a community college to be recertified to teach in public schools. Her MAGI is $23,000. Her tax, before credits, is $1,904. In July 2005 she pays $700 for the Summer 2005 semester; in August 2005 she pays $1,900 for the Fall 2005 semester; and in December 2005 she pays another $1,900 for the Spring semester beginning January 2006. Judy and the college meet all the requirements for the lifetime learning credit. She can use all of the $4,500 tuition she paid in 2005 when figuring her credit for her 2005 tax return. She figures her credit as shown on the filled-in Form 8863 on the next page.

    Note.

    Form 8863: Lifetime learning credit Lifetime learning credit: Figuring the creditIn Appendix A at the end of this publication, there is an example illustrating the use of Form 8863 when both the Hope credit and the lifetime learning credit are claimed on the same tax return.

    Form 8863: Filled-in examples Lifetime learning credit Form 8863 Education Credits (Hope and Lifetime Learning Credits) 2005 Summary: This is an example of Form 8863 (2005) as pertains to the description in the text. The line items completed are: Name(s) shown on return field contains Judy Green Your social security number field contains 000-00-7777 Under Part II: Lifetime Learning Credit.: 3a. Student's name (as shown on page 1 of your tax return) First name field contains Judy Last name field contains Green 3b. Student's social security number (as shown on page 1 of your tax return) field contains 000-00-7777 3c. Qualified expenses. See instructions field contains 4,500 4. Add the amounts on line 3, column (c), and enter the total field contains 4,500 5. Enter the smaller of line 5 or $5,000 field contains 4,500 6. Tentative lifetime learning credit. Multiply line 5by 20% (.20) and go to Part III field contains 900 Under Part III: Allowable Education Credits: 7. Tentative education credits. Add lines 3 and 7 field contains 900 8. Enter: $105,000 if married filing jointly; $53,000 if single, head of household, or qualifying widow(er) field contains 52,000 10. Enter the amount from Form 1040, line 38, or Form 1040A, line 22 field contains 24,000 10. Subtract line 9 from line 8. If line 9 is equal to or more than line 8, stop; you cannot take any education credits field contains 29,000 11. Enter: $20,000 if married filing jointly; $10,000 if single, head of household, or qualifying widow(er) field contains 10,000 13. Multiply line 7by line 12 field contains 900 14. Enter the amount from Form 1040, line 46, or Form 1040A, line 28 field contains 1,904 15. Enter the total, if any, of your credits from Form 1040, lines 47 through 49, or Form 1040A, lines 29 and 30 field contains 0 16. Enter the amount from Form 6251, line 31 field contains 0 17. Add lines 15 and 16 field contains 0 18. Subtract line 17 from line 16. If zero or less, stop; you cannot take any education credits field contains 1,904 19. Education credits. Enter the smaller of line 13 or line 18 here and on Form 1040, line 49, or Form 1040A, line 31 field contains 900

    Student Loan Interest Deduction Reminders

    Loans Interest on Student loan interest deduction Student loan interest deduction Student loan interest deduction: Final regulations, issuedThe following changes apply to interest due and paid on qualified student loans after December 31, 1997.

    Longer period allowed for loan disbursement.

    The 60-day safe harbor for disbursing loan proceeds used to pay qualified education expenses has been increased to 90 days before and 90 days after the academic period to which the expenses relate. See Reasonable period of time for more information.

    Interest paid by a third party may be deductible. Student loan interest deduction: Third party interest payments

    The person legally obligated to make interest payments on a student loan may be able to deduct interest payments on that loan made by someone else (third party). For more information, see Expenses paid by others.

    If you are affected by either of these changes, you may want to file Form 1040X, Amended U.S. Individual Income Tax Return, to correct a return you have already filed. Generally, you must file your claim for a refund within 3 years after the date you filed your original return or within 2 years after the date you paid the tax, whichever is later.

    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 $65,000 ($135,000 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. 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 in 2005.

    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 Schedule A (Form 1040).

    This chapter explains:

  • What type of loan interest you can deduct,
  • Whether you can claim the deduction,
  • What expenses you must have paid with the student loan,
  • Who is an eligible student,
  • Who can claim a dependent's expenses,
  • How to figure the deduction, and
  • How to claim the deduction.
  • Tables and figures: Student loan interest deduction: Overview (Table 4-1)Table 4-1 summarizes the features of the student loan interest deduction.

    <ROM>Table 4-1.</ROM>  <IMARK>Student Loan Interest Deduction at a GlanceDo not rely on this table alone. Refer to the text for complete details. Feature Description Maximum benefit You can reduce your income subject to tax by up to $2,500. Loan qualifications Your student loan: must have been taken out solely to pay qualified education expenses, and cannot be from a related person or made under a qualified employer plan. Student qualifications The student must be: you, your spouse, or your dependent, and enrolled at least half-time in a degree program. Time limit on deduction You can deduct interest paid during the remaining period of your student loan. Phaseout The amount of your deduction depends on your income level.
    Student loan interest deduction: Overview (Table 4-1)

    Student Loan Interest Defined

    Student loan interest deduction: Student loan interest, definedStudent loan interest is interest you paid during the year on a qualified student loan. It includes both required and voluntary interest payments.

    Qualified Student Loan Qualified student loans Student loan interest deduction: Qualified student loans

    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, and
  • 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.
  • Your dependent.

    Generally, your dependent is someone who:

  • Provides less than one-half of his or her own support,
  • Is either related to you or lives with you, and
  • Is a citizen or resident of the United States, Canada, or Mexico.
  • You can find more information about dependents in Publication 501, Exemptions, Standard Deduction, and Filing Information.

    Exceptions.

    For purposes of the student loan interest deduction, there are the following exceptions to the general rules for dependents.

  • You can have a dependent even if you are the dependent of another taxpayer.
  • An individual can be your dependent even if the individual files a joint return with a spouse.
  • An individual can be your dependent even if the individual had gross income that was equal to or more than the exemption amount for the year ($3,200 for 2005).
  • Reasonable period of time. Student loan interest deduction: Reasonable period of time

    Qualified education expenses are treated as paid or incurred within a reasonable 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 a federal postsecondary education loan program.

    Even if not paid with the proceeds of that type of loan, the expenses are treated as paid or incurred within a reasonable period of time if both of the following requirements are met.

  • The expenses relate to a specific academic period, and
  • The loan proceeds are disbursed within a period that begins 90 days before the start of that academic period and ends 90 days after the end of that academic period.
  • If neither of the above situations applies, the reasonable period of time usually is determined based on all the relevant facts and circumstances.

    Academic period. Academic period: Student loan interest deduction Student loan interest deduction: Academic period

    An academic period includes a semester, trimester, quarter, or other period of study (such as a summer school session) as reasonably determined by an educational institution. In the case of an educational institution that uses credit hours or clock hours and does not have academic terms, each payment period can be treated as an academic period.

    Eligible student. Eligible student: Student loan interest deduction Student loan interest deduction: Eligible student

    This is a student who was enrolled at least half-time in a program leading to a degree, certificate, or other recognized educational credential.

    Enrolled at least half-time. Half-time student: Student loan interest deduction

    A student was enrolled at least half-time if the student was taking at least half the normal full-time work load for his or her course of study.

    The standard for what is half of the normal full-time work load is determined by each eligible educational institution. However, the standard may not be lower than any of those established by the Department of Education under the Higher Education Act of 1965.

    Related person. Related persons: Student loan interest deduction Student loan interest deduction: Related persons

    You cannot deduct interest on a loan you get from a related person. Related persons include:

  • Your spouse,
  • Your brothers and sisters,
  • Your half brothers and half sisters,
  • Your ancestors (parents, grandparents, etc.),
  • Your lineal descendants (children, grandchildren, etc.), and
  • Certain corporations, partnerships, trusts, and exempt organizations.
  • Qualified employer plan. Qualified employer plans: Student loan interest deduction not allowed Student loan interest deduction: Qualified employer plans

    You cannot deduct interest on a loan made under a qualified employer plan or under a contract purchased under such a plan.

    Qualified student loans Student loan interest deduction: Qualified student loans
    Qualified Education Expenses Qualified education expenses: Student loan interest deduction Student loan interest deduction: 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 following two amounts.

  • 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.
  • The actual amount charged if the student is residing in housing owned or operated by the eligible educational institution.
  • Eligible educational institution. Eligible educational institution: Student loan interest deduction Student loan interest deduction: Eligible educational institution

    An eligible educational institution is any college, university, vocational school, or other postsecondary educational institution eligible to participate in a student aid program administered by the Department of Education. It includes virtually all accredited public, nonprofit, and proprietary (privately owned profit-making) postsecondary institutions.

    Certain educational institutions located outside the United States also participate in the U.S. Department of Education's Federal Student Aid (FSA) programs.

    For purposes of the student loan interest deduction, an eligible educational institution also includes an institution conducting an internship or residency program leading to a degree or certificate from an institution of higher education, a hospital, or a health care facility that offers postgraduate training.

    An educational institution must meet the above criteria only during the academic period(s) for which the student loan was incurred. The deductibility of interest on the loan is not affected by the institution's subsequent loss of eligibility.

    The educational institution should be able to tell you if it is an eligible educational institution.

    Adjustments to Qualified Education Expenses Qualified education expenses: Adjustments to: Student loan interest deduction Student loan interest deduction: Adjustments to qualified education expenses

    You must reduce your qualified education expenses by the total amount paid for them with the following tax-free items.

  • Employer-provided educational assistance. See chapter 11.
  • Tax-free distributions from a Coverdell education savings account (ESA). See chapter 7.
  • Tax-free distributions from a qualified tuition program (QTP). See chapter 8.
  • U.S. savings bond interest that you exclude from income because it is used to pay qualified education expenses. See chapter 10.
  • The tax-free part of scholarships and fellowships. See chapter 1.
  • Veterans' educational assistance. See chapter 1.
  • Any other nontaxable (tax-free) payments (other than gifts or inheritances) received as educational assistance.
  • Qualified education expenses: Adjustments to: Student loan interest deduction Student loan interest deduction: Adjustments to qualified education expenses
    Include As Interest Student loan interest deduction: Include as interest

    In addition to simple interest on the loan, if all other requirements are met, the items discussed below can be student loan interest.

    Loan origination fee. Loans: Origination fees on student loan

    In general, this is a one-time fee charged by the lender when a loan is made. To be deductible as interest, a loan origination fee must be for the use of money rather than for property or services (such as commitment fees or processing costs) provided by the lender. A loan origination fee treated as interest accrues over the term of the loan.

    If loan origination fees are not included in the amount reported on your Form 1098-E, Student Loan Interest Statement, Form 1098-E: Student loan interest deductionyou 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 portions of the loan origination fee to each payment required under the terms of the loan. A method that results in the double deduction of the same portion of a loan origination fee would not be reasonable.

    Example.

    In August 2003, Bill took out a student loan for $16,000 to pay the tuition for his senior year of college. The lender charged a 3% loan origination fee ($480) that was withheld from the funds Bill received. Because the loan origination fee was not included in his 2005 Form 1098-E, Bill can use any reasonable method to allocate that fee over the term of the loan. Bill's loan is payable in 120 equal monthly payments. He allocates the $480 fee equally over the total number of payments ($480 ÷ 120 months = $4 per month). Bill made 12 payments in 2005, so he paid $48 ($4 × 12) of interest attributable to the loan origination fee. To determine his student loan interest deduction, he will add the $48 to the amount of other interest reported to him on Form 1098-E.

    Capitalized interest. Loans: Capitalized interest on student loan

    This is unpaid interest on a student loan that is added by the lender to the outstanding principal balance of the loan. Capitalized interest is treated as interest for tax purposes and is deductible as payments of principal are made on the loan.

    Interest on revolving lines of credit. Revolving lines of credit, interest on

    This interest, which includes interest on credit card debt, is student loan interest if the borrower uses the line of credit (credit card) only to pay qualified education expenses. See Qualified Education Expenses, earlier.

    Interest on refinanced student loans. Refinanced student loans

    This includes interest on both:

  • Consolidated loans—loans used to refinance more than one student loan of the same borrower, and
  • Consolidated loans used to refinance student loans
  • Collapsed loans—two or more loans of the same borrower that are treated by both the lender and the borrower as one loan.
  • Collapsed loans

    If you refinance a qualified student loan for more than your original loan and you use the additional amount for any purpose other than qualified education expenses, you cannot deduct any interest paid on the refinanced loan.

    Voluntary interest payments. Voluntary interest payments

    These are payments made on a qualified student loan during a period when interest payments are not required, such as when the borrower has been granted a deferment or the loan has not yet entered repayment status.

    Example.

    The payments on Roger's student loan were scheduled to begin in June 2004, 6 months after he graduated from college. He began making payments as required. In September 2005, Roger enrolled in graduate school on a full-time basis. He applied for and was granted deferment of his loan payments while in graduate school. Wanting to pay down his student loan as much as possible, he made loan payments in October and November, 2005. Even though these were voluntary (not required) payments, Roger can deduct the interest paid in October and November.

    Allocating Payments Between Interest and Principal Student loan interest deduction: Allocation between interest and principal

    The allocation of payments between interest and principal for tax purposes may not be the same as the allocation shown on the Form 1098-E or other statement you receive from the lender or loan servicer. To make the allocation for tax purposes, a payment generally applies first to stated interest that remains unpaid as of the date the payment is due, second to any loan origination fees allocable to the payment, third to any capitalized interest that remains unpaid as of the date the payment is due, and fourth to the outstanding principal.

    Example.

    In August 2004, Peg took out a $10,000 student loan to pay the tuition for her senior year of college. The lender charged a 3% loan origination fee ($300) that was withheld from the funds Peg received. The interest (5% simple) on this loan accrued while she completed her senior year and for 6 months after she graduated. At the end of that period, the lender determined the amount to be repaid by capitalizing all accrued but unpaid interest ($625 interest accrued from August 2004 through October 2005) and adding it to the outstanding principal balance of the loan. The loan is payable over 60 months, with a payment of $200.51 due on the first of each month, beginning November 2005.

    Peg did not receive a Form 1098-E for 2005 from her lender because the amount of interest she paid did not require the lender to issue an information return. However, she did receive an account statement from the lender that showed the following 2005 payments on her outstanding loan of $10,625 ($10,000 principal + $625 accrued but unpaid interest).

    Payment Date Payment Stated Interest Principal November 2005 $200.51 $44.27 $156.24 December 2005 $200.51 $43.62 $156.89 Totals $401.02 $87.89 $313.13

    To determine the amount of interest that could be deducted on the loan for 2005, Peg starts with the total amount of stated interest she paid, $87.89. Next, she uses a reasonable method to allocate the loan origination fee over the term of the loan ($300 ÷ 60 months = $5 per month). A total of $10 ($5 of each of the two principal payments) should be treated as interest for tax purposes. Peg then applies the unpaid capitalized interest to the two principal payments in the order in which they were made, and determines that the remaining amount of principal of both payments is treated as interest for tax purposes. Assuming that Peg qualifies to take the student loan interest deduction, she can deduct $401.02 ($87.89 + $10 + $303.13).

    For 2006, Peg will continue to allocate $5 of the loan origination fee to the principal portion of each monthly payment she makes and treat that amount as interest for tax purposes. She also will apply the remaining amount of capitalized interest ($625 − $303.13 = $321.87) to the principal payments in the order in which they are made until the balance is zero, and treat those amounts as interest for tax purposes.

    Student loan interest deduction: Allocation between interest and principal
    Do Not Include As Interest Student loan interest deduction: Not included as interest

    You cannot claim a student loan interest deduction for:

  • Interest you paid on a loan if, under the terms of the loan, you are not legally obligated to make interest payments.
  • Loan origination fees that are payments for property or services provided by the lender, such as commitment fees or processing costs.
  • Interest you paid on a loan to the extent payments were made through your participation in the National Health Service Corps Loan Repayment Program (the NHSC Loan Repayment Program) or certain other state loan repayment programs. This is effective beginning January 1, 2004. For more information, see Student Loan Repayment Assistance in chapter 5. Student loan interest deduction: Loan repayment assistance
  • When Must Interest Be Paid Student loan interest deduction: When interest must be paid

    You can deduct all interest you paid during the year on your student loan, including voluntary payments, until the loan is paid off. Prior to 2002, you could deduct only the interest paid during the first 60 months you were required to make interest payments on the loan.

    Student loan interest deduction: Student loan interest, defined
    Can You Claim the Deduction

    Generally, you can claim the deduction if all three of the following requirements are met.

  • Your filing status is any filing status except married filing separately.
  • No one else is claiming an exemption for you on his or her tax return.
  • You paid interest on a qualified student loan.
  • Claiming an exemption for you.

    Another taxpayer is claiming an exemption for you if he or she lists your name and other required information on his or her Form 1040 (or Form 1040A), line 6c.

    Example.

    During 2005, Josh paid $600 interest on his qualified student loan. Only he is legally obligated to make the payments. No one claims an exemption for Josh for 2005. Assuming all other requirements are met, Josh can deduct the $600 of interest he paid on his 2005 Form 1040 or 1040A.

    Expenses paid by others. Student loan interest deduction: Third party interest payments

    If you are the person legally obligated to make interest payments and someone else makes a payment of interest on your behalf, you are treated as receiving the payments from the other person and, in turn, paying the interest.

    Example 1.

    Darla obtained a qualified student loan to attend college. After Darla's graduation from college, she worked as an intern for a nonprofit organization. As part of the internship program, the nonprofit organization made an interest payment on behalf of Darla. This payment was treated as additional compensation and reported in box 1 of her Form W-2. Assuming all other qualifications are met, Darla can deduct this payment of interest on her tax return.

    Example 2.

    Ethan obtained a qualified student loan to attend college. After graduating from college, the first monthly payment on his loan was due in December. As a gift, Ethan's mother made this payment for him. No one is claiming a dependency exemption for Ethan on his or her tax return. Assuming all other qualifications are met, Ethan can deduct this payment of interest on his tax return.

    No Double Benefit Allowed Double benefit not allowed: Student loan interest deduction

    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 interest).

    Who Can Claim a Dependent's Expenses

    Student loan interest deduction: Claiming dependent's expensesYou can deduct interest paid on a student loan for your dependent only if you:

  • Are legally obligated to make the interest payments,
  • Actually made the payments during the tax year, and
  • Claim an exemption for your dependent on your tax return.
  • Example.

    Student loan interest deduction: Claiming dependent's expensesDuring 2005, Jo paid $1,100 interest on her qualified student loan. Only she is legally obligated to make the payments. Jo's parents claimed an exemption for her on their 2005 tax return. In this case, neither Jo nor her parents may deduct the student loan interest Jo paid in 2005.

    Figuring the Deduction

    Student loan interest deduction: Figuring the deductionYour student loan interest deduction for 2005 is generally the smaller of:

  • $2,500, or
  • The interest you paid in 2005.
  • However, the amount determined above may be gradually reduced (phased out) or eliminated based on your filing status and modified adjusted gross income (MAGI) as explained below. You can use Worksheet 4-1 (at end of chapter) to figure both your MAGI and your deduction.

    Form 1098-E. Form 1098-E: Student loan interest deduction

    To help you figure your student loan interest deduction, you should receive Form 1098-E. Generally, an institution (such as a bank or governmental agency) that received interest payments of $600 or more during 2005 on one or more qualified student loans must send Form 1098-E (or acceptable substitute) to each borrower by January 31, 2006.

    For qualified student loans taken out before September 1, 2004, the institution is required to include on Form 1098-E only payments of stated interest. Other interest payments, such as certain loan origination fees and capitalized interest, may not appear on the form you receive. However, if you pay qualifying interest that is not included on Form 1098-E, you can also deduct those amounts. See Allocating Payments Between Interest and Principal, earlier.

    Form W-9SThe lender may ask for a completed Form W-9S, Request for Student's or Borrower's Taxpayer Identification Number and Certification, or similar statement to obtain the borrower's name, address, and taxpayer identification number. The form may also be used by the borrower to certify that the student loan was incurred solely to pay for qualified education expenses.

    Effect of the Amount of Your Income on the Amount of Your Deduction Student loan interest deduction: Income level, effect on amount of deduction

    The amount of your student loan interest deduction is phased out (gradually reduced) if your modified adjusted gross income (MAGI) is between $50,000 and $65,000 ($105,000 and $135,000 if you file a joint return). You cannot take a student loan interest deduction if your MAGI is $65,000 or more ($135,000 or more if you file a joint return).

    Modified adjusted gross income (MAGI). Modified adjusted gross income (MAGI): Student loan interest deduction Student loan interest deduction: Modified adjusted gross income (MAGI)

    For most taxpayers, MAGI is adjusted gross income (AGI) as figured on their federal income tax return before subtracting any deduction for student loan interest.

    MAGI when using Form 1040A.

    If you file Form 1040A, your MAGI is the AGI on line 22 of that form figured without taking into account any amount on line 18 (Student loan interest deduction) or line 19 (Tuition and fees deduction).

    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 33 (Student loan interest deduction), line 34 (Tuition and fees deduction), or line 35 (Domestic production activities deduction), and modified by adding back any:

  • Foreign earned income exclusion,
  • Foreign housing exclusion,
  • Foreign housing deduction,
  • Exclusion of income for bona fide residents of American Samoa, and
  • Exclusion of income from Puerto Rico.
  • Table 4-2, next, shows how the amount of your MAGI can affect your student loan interest deduction.

    Table 4-2 Effect of MAGI on Student Loan Interest Deduction
    IF your filing status is... AND your MAGI is... THEN your student loan interest deduction is... single, head of household, or not more than $50,000 not affected by the phaseout. more than $50,000 but less than $65,000 reduced because of the phaseout. qualifying widow(er) $65,000 or more eliminated by the phaseout. married filing joint return not more than $105,000 not affected by the phaseout. more than $105,000 but less than $135,000 reduced because of the phaseout. $135,000 or more eliminated by the phaseout.
    Modified adjusted gross income (MAGI): Student loan interest deduction: Table 4-2 Student loan interest deduction: Modified adjusted gross income (MAGI): Table 4-2 Tables and figures: Student loan interest deduction: MAGI, effect of (Table 4-2)

    Phaseout. Phaseout: Student loan interest deduction Student loan interest deduction: Phaseout

    If your MAGI is within the range of incomes where the credit must be reduced, you must figure your reduced deduction. To figure the phaseout, multiply your interest deduction (before the phaseout) by a fraction. The numerator is your MAGI minus $50,000 ($105,000 in the case of a joint return). The denominator is $15,000 ($30,000 in the case of a joint return). Subtract the result from your deduction (before the phaseout). This result is the amount you can deduct.

    Example 1.

    During 2005 you paid $800 interest on a qualified student loan. Your 2005 MAGI is $130,000 and you are filing a joint return. You must reduce your deduction by $667, figured as follows. $800 × $130,000 − $105,000 $30,000 = $667
    Your reduced student loan interest deduction is $133 ($800 − $667).

    Example 2.

    The facts are the same as in Example 1 except that you paid $2,750 interest. Your maximum deduction for 2005 is $2,500. You must reduce your maximum deduction by $2,083, figured as follows. $2,500 × $130,000 − $105,000 $30,000 = $2,083
    In this example, your reduced student loan interest deduction is $417 ($2,500 − $2,083).

    Which Worksheet To Use

    Generally, you figure the deduction using the Student Loan Interest Deduction Worksheet in the Form 1040 or Form 1040A instructions. However, if you are filing Form 2555, 2555-EZ, or 4563, or you are excluding income from sources within Puerto Rico, you must complete Worksheet 4-1.

    Student loan interest deduction: Figuring the deduction Student loan interest deduction: Modified adjusted gross income (MAGI)
    Claiming the Deduction Student loan interest deduction: Claiming the deduction Reporting: Student loan interest deduction

    The student loan interest deduction is an adjustment to income. To claim the deduction, enter the allowable amount on line 33 (Form 1040) or line 18 (Form 1040A).

    Student loan interest deduction Student loan interest deduction: Worksheet 4-1 Worksheets: Student loan interest deduction (Worksheet 4-1) 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. You must complete Form 1040, lines 7 through 32, plus any amount to be entered on the dotted line next to line 36, before using this worksheet.
     1. Enter the total interest you paid in 2005 on qualified student loans. Do not enter more than $2,500 1.  2. Enter your total income from Form 1040, line 22 2.  3. Enter the total of amounts from Form 1040, lines 23 through 32 3.  4. Enter any amount you entered on the dotted line next to Form 1040, line 36 4.  5. Add the amounts on lines 3 and 4 5.  6. Subtract the amount on line 5 from the amount on line 2 6.  7. Enter any foreign earned income exclusion and/or housing exclusion (Form 2555, line 43, or Form 2555-EZ, line 18) 7.  8. Enter any housing deduction (Form 2555, line 48) 8.  9. Enter the amount of income from Puerto Rico that you are excluding 9. 10. Enter the amount of income from American Samoa that you are excluding (Form 4563, line 15) 10. 11. Add the amounts on 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)—$50,000 • Married filing jointly—$105,000 13. Is the amount on line 11 more than the amount on line 12? No. Skip line 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.

    Student Loan Cancellations and Repayment Assistance Reminder Student loan repayment assistance may be tax free.

    Student loan repayments provided under certain federal and state repayment programs are tax free. See Student Loan Repayment Assistance, later, for more information.

    If you fulfill certain requirements, two types of student loan assistance may be tax free. The types of assistance discussed in this chapter are:

  • Student loan cancellation, and
  • Student loan repayment assistance.
  • Student Loan Cancellation Education loans Student loan cancellation Loans: Cancellation Student loan cancellation Student loan cancellation Cancellation of student loan Student loan cancellation

    Generally, if you are responsible for making loan payments, and the loan is canceled (forgiven), you must include the amount that was forgiven in your gross income for tax purposes. However, if your student loan is canceled, you may not have to include any amount in income. This section describes the requirements for tax-free treatment of canceled student loans.

    Qualifying Loans

    To qualify for tax-free treatment, your loan must contain a provision that all or part of the debt will be canceled if you work:

  • For a certain period of time,
  • In certain professions, and
  • For any of a broad class of employers.
  • The loan must have been made by a qualified lender to assist the borrower in attending an eligible educational institution.

    Qualified lenders.

    These include the following.

  • The government—federal, state, or local, or an instrumentality, agency, or subdivision thereof.
  • A tax-exempt public benefit corporation that has assumed control of a state, county, or municipal hospital and whose employees are considered public employees under state law.
  • An eligible educational institution, if the loan is made:
  • As part of an agreement with an entity described in (1) or (2) under which the funds to make the loan were provided to the educational institution, or
  • Under a program of the educational institution that is designed to encourage its students to serve in occupations with unmet needs or in areas with unmet needs where the services required of the students are for or under the direction of a governmental unit or a tax-exempt section 501(c)(3) organization.
  • In satisfying the service requirement in (3)(b), the student must not provide services for the lender organization.

    Section 501(c)(3) organization. Section 501(c)(3) organizations Student loan cancellation Student loan cancellation: Section 501(c)(3) organizations

    This is any corporation, community chest, fund, or foundation organized and operated exclusively for one or more of the following purposes.

  • Charitable.
  • Religious.
  • Educational.
  • Scientific.
  • Literary.
  • Testing for public safety.
  • Fostering national or international amateur sports competition (but only if none of its activities involve providing athletic facilities or equipment).
  • The prevention of cruelty to children or animals.
  • Eligible educational institution. Student loan cancellation: Eligible educational institution Eligible educational institution: Cancellation of student loan Eligible educational institution: Student loan cancellation

    This is an educational institution that maintains a regular faculty and curriculum and normally has a regularly enrolled body of students in attendance at the place where it carries on its educational activities.

    Refinanced Loan Refinanced student loans

    If you refinanced a student loan with another loan from an eligible educational institution or a tax-exempt organization, that loan may also be considered as made by a qualified lender. It is considered made by a qualified lender if it meets the requirements of (3)(b) under Qualified lenders beginning in the previous column.

    Student Loan Repayment Assistance Education loans Student loan repayment assistance Loans: Student loan repayment assistance Student loan repayment assistance Repayment programs Student loan repayment assistance

    Loan repayment programs provide student loan repayment assistance to participants on the condition that those participants provide certain services, generally primary health services, in areas where shortages of these services exist. In tax years beginning before 2004, such amounts given to participants for the sole purpose of repaying their student loans were taxable to the recipients.

    Beginning in 2004, student loan repayment assistance you receive under the following programs is tax free.

  • National Health Service Corps (NHSC) Loan Repayment Program.
  • State programs eligible for funds under the Public Health Service Act.
  • You cannot deduct the interest you paid on a student loan to the extent payments were made through your participation in the above programs. This is effective for repayment assistance received after December 1, 2003.

    Loans: Student loan repayment assistance Student loan repayment assistance
    Tuition and Fees Deduction Tuition and fees deduction

    You may be able to deduct qualified education expenses paid during the year for yourself, your spouse, or a 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, as explained later under Qualified Education Expenses.

    What is the tax benefit of the tuition and fees deduction. Tuition and fees deduction: Tax benefit of

    The tuition and fees deduction can reduce the amount of your income subject to tax by up to $4,000.

    This 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 you cannot take either the Hope or lifetime learning credit because your income is too high.

    Table 6-1 summarizes the features of the tuition and fees deduction.

    You may be able to take the Hope or lifetime learning credit for your education expenses instead of a tuition and fees deduction. You can choose the one that will give you the lower tax. See chapters 2 and 3 for details about the credits.

    Can You Claim the Deduction Tuition and fees deduction: Qualifying for deduction Can you claim the deduction

    The following rules will help you determine if you can claim the tuition and fees deduction.

    Who Can Claim the Deduction

    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 a dependent for whom you claim an exemption on your tax return.
  • Qualified education expenses are defined on the next page under What Expenses Qualify. Eligible students are defined later under Who Is an Eligible Student. A dependent for whom you claim an exemption is defined later under Who Can Claim a Dependent's Expenses.

    Who Cannot Claim the Deduction

    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 a Hope or lifetime learning credit in 2005 with respect to expenses of the student for whom the qualified education expenses were paid.
  • Table 6-1. Tuition and Fees Deduction at a Glance
    Do not rely on this table alone. Refer to the text for complete details.
    Question Answer What is the maximum benefit? You can reduce your income subject to tax by up to $4,000. Where is the deduction taken? As an adjustment to income on Form 1040 or 1040A. For whom must the expenses be paid? A student enrolled in an eligible educational institution who is either: • you, • your spouse, or • your dependent for whom you claim an exemption. What tuition and fees are deductible? Tuition and fees required for enrollment or attendance at an eligible postsecondary educational institution, but not including personal, living, or family expenses, such as room and board.
    Tables and figures: Tuition and fees deduction: Overview (Table 6-1) Tuition and fees deduction: Overview (Table 6-1)
    What Expenses Qualify Tuition and fees deduction: Expenses qualifying for Qualified education expenses: Tuition and fees deduction Tuition and fees deduction: Qualified education expenses

    The tuition and fees deduction is based on qualified education expenses you pay for yourself, your spouse, or a dependent for whom you claim an exemption on your tax return. Generally, the deduction is allowed for qualified education expenses paid in 2005 in connection with enrollment at an institution of higher education during 2005 or for an academic period beginning in 2005 or in the first 3 months of 2006.

    For example, if you paid $1,500 in December 2005 for qualified tuition for the Spring 2006 semester beginning in January 2006, you may be able to use that $1,500 in figuring your 2005 deduction.

    Academic period. Academic period: Tuition and fees deduction Tuition and fees deduction: Academic period

    An academic period includes a semester, trimester, quarter, or other period of study (such as a summer school session) as reasonably determined by an educational institution. In the case of an educational institution that uses credit hours or clock hours and does not have academic terms, each payment period can be treated as an academic period.

    Paid with borrowed funds. Tuition and fees deduction: Loan used to pay tuition and fees

    You can claim a tuition and fees deduction for qualified education expenses paid with the proceeds of a loan. You use the expenses to figure the deduction for the year in which the expenses are paid, not the year in which the loan is repaid. Treat loan payments sent directly to the educational institution as paid on the date the institution credits the student's account.

    Student withdraws from class(es).

    You can claim a tuition and fees deduction for qualified education expenses not refunded when a student withdraws.

    Qualified Education Expenses

    For purposes of the tuition and fees deduction, qualified education expenses are tuition and certain related expenses required for enrollment or attendance at an eligible educational institution.

    Eligible educational institution. Eligible educational institution: Tuition and fees deduction Tuition and fees deduction: Eligible educational institution

    An eligible educational institution is any college, university, vocational school, or other postsecondary educational institution eligible to participate in a student aid program administered by the Department of Education. It includes virtually all accredited public, nonprofit, and proprietary (privately owned profit-making) postsecondary institutions. The educational institution should be able to tell you if it is an eligible educational institution.

    Certain educational institutions located outside the United States also participate in the U.S. Department of Education's Federal Student Aid (FSA) programs.

    Related expenses.

    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.

    In the following examples, assume that each student is an eligible student and each college or university an eligible educational institution.

    Example 1.

    Jackson is a sophomore in University V's degree program in dentistry. This year, in addition to tuition, he is required to pay a fee to the university for the rental of the dental equipment he will use in this program. Because the equipment rental fee must be paid to University V for enrollment and attendance, Jackson's equipment rental fee is a qualified expense.

    Example 2.

    Donna and Charles, both first-year students at College W, are required to have certain books and other reading materials to use in their mandatory first-year classes. The college has no policy about how students should obtain these materials, but any student who purchases them from College W's bookstore will receive a bill directly from the college. Charles bought his books from a friend, so what he paid for them is not a qualified education expense. Donna bought hers at College W's bookstore. Although Donna paid College W directly for her first-year books and materials, her payment is not a qualified education expense because the books and materials are not required to be purchased from College W for enrollment or attendance at the institution.

    Example 3.

    When Marci enrolled at College X for her freshman year, she had to pay a separate student activity fee in addition to her tuition. This activity fee is required of all students, and is used solely to fund on-campus organizations and activities run by students, such as the student newspaper and the student government. No portion of the fee covers personal expenses. Although labeled as a student activity fee, the fee is required for Marci's enrollment and attendance at College X. Therefore, it is a qualified expense.

    No Double Benefit Allowed Double benefit not allowed: Tuition and fees deduction Tuition and fees deduction: Double benefit not allowed

    You cannot do any of the following.

  • Deduct qualified education expenses you deduct under any other provision of the law, for example, as a business expense.
  • Deduct qualified education expenses for a student on your income tax return if you or anyone else claims a Hope or lifetime learning credit for that same student in the same year.
  • Deduct qualified education expenses that have been used to figure the tax-free portion of a distribution from a Coverdell education savings account (ESA) or a qualified tuition program (QTP). For a QTP, this applies only to the amount of tax-free earnings that were distributed, not to the recovery of contributions to the program. See Figuring the Taxable Portion of a Distribution in chapter 7 (Coverdell ESA) and in chapter 8 (QTP).
  • Deduct qualified education expenses that have been paid with tax-free interest on U.S. savings bonds (Form 8815). See Figuring the Tax-Free Amount in chapter 10.
  • Deduct qualified education expenses that have been paid with tax-free scholarship, grant, or employer- provided educational assistance. See the following section on Adjustments to Qualified Education Expenses.
  • Adjustments to Qualified Education Expenses Qualified education expenses: Adjustments to: Tuition and fees deduction Tuition and fees deduction: Adjustments to qualified education expenses

    If you pay qualified education expenses with certain tax-free funds, you cannot claim a deduction for those amounts. You must reduce the qualified education expenses by the amount of any tax-free educational assistance and refund(s) you received.

    Tax-free educational assistance. Tax-free educational assistance: Tuition and fees deduction Tuition and fees deduction: Tax-free educational assistance

    This includes:

  • The tax-free part of scholarships and fellowships (see chapter 1),
  • Pell grants (see chapter 1),
  • Employer-provided educational assistance (see chapter 11),
  • Veterans' educational assistance (see chapter 1), and
  • Any other nontaxable (tax-free) payments (other than gifts or inheritances) received as educational assistance.
  • Refunds. Refunds: Tuition and fees deduction Tuition and fees deduction: Refunds

    Qualified education expenses do not include expenses for which you, or someone else who paid qualified education expenses on behalf of a student, receive a refund. (For information on expenses paid by a dependent student or third party, see Who Can Claim a Dependent's Expenses, later.)

    If a refund of expenses paid in 2005 is received before you file your tax return for 2005, simply reduce the amount of the expenses paid by the amount of the refund received. If the refund is received after you file your 2005 tax return, see When Must the Deduction Be Repaid (Recaptured), at the end of this chapter.

    You are considered to receive a refund of expenses when an eligible educational institution refunds loan proceeds to the lender on behalf of the borrower. Follow the above instructions according to when you are considered to receive the refund.

    Amounts that do not reduce qualified education expenses.

    Do not reduce qualified education expenses by amounts paid with funds the student receives as:

  • Payment for services, such as wages,
  • A loan,
  • A gift,
  • An inheritance, or
  • A withdrawal from the student's personal savings.
  • Do not reduce the qualified education expenses by any scholarship or fellowship reported as income on the student's tax return in the following situations.

  • The use of the money is restricted to costs of attendance (such as room and board) other than qualified education expenses.
  • The use of the money is not restricted and is used to pay education expenses that are not qualified (such as room and board).
  • Example 1.

    In 2005, Jackie paid $3,000 for tuition and $5,000 for room and board at University X. The university did not require her to pay any fees in addition to her tuition in order to enroll in or attend classes. To help pay these costs, she was awarded a $2,000 scholarship and a $4,000 student loan.

    The terms of the scholarship state that it may be used to pay any of Jackie's college expenses. Because she applied it toward her tuition, the scholarship is tax free. Therefore, for purposes of figuring the tuition and fees deduction, she must first use the $2,000 scholarship to reduce her tuition (her only qualified education expense). The student loan is not tax-free educational assistance, so she does not use it to reduce her qualified expenses. Jackie is treated as having paid $1,000 in qualified education expenses ($3,000 tuition – $2,000 scholarship) in 2005.

    Example 2.

    The facts are the same as in Example 1, except that Jackie uses the $2,000 scholarship to pay room and board and, therefore, reports her entire scholarship as income on her tax return. In this case, the scholarship is allocated to expenses other than qualified education expenses. Jackie is treated as paying the entire $3,000 tuition with other funds, and can figure her tuition and fees deduction on the entire $3,000.

    Tuition and fees deduction: Expenses qualifying for Qualified education expenses: Tuition and fees deduction Tuition and fees deduction: Qualified education expenses
    Expenses That Do Not Qualify Tuition and fees deduction: Expenses not qualifying for

    Qualified education expenses: Expenses not qualified: Tuition and fees deductionQualified education expenses do not include amounts paid for:

  • Insurance,
  • Medical expenses (including student health fees),
  • Room and board,
  • Transportation, or
  • Similar personal, living, or family expenses.
  • This is true even if the amount must be paid to the institution as a condition of enrollment or attendance.

    Sports, games, hobbies, and noncredit courses. Sports, games, hobbies, and noncredit courses: Tuition and fees deduction

    Qualified education expenses generally do not include expenses that relate to any course of instruction or other education that involves sports, games or hobbies, or any noncredit course. However, if the course of instruction or other education is part of the student's degree program, these expenses can qualify.

    Comprehensive or bundled fees. Comprehensive or bundled fees: Tuition and fees deduction

    Some eligible educational institutions combine all of their fees for an academic period into one amount. If you do not receive or do not have access to an allocation showing how much you paid for qualified education expenses and how much you paid for personal expenses, such as those listed above, contact the institution. The institution is required to make this allocation and provide you with the amount you paid (or were billed) for qualified education expenses on Form 1098-T, Tuition Statement. See Figuring the Deduction, later, for more information about Form 1098-T.

    Who Is an Eligible Student

    Eligible student: Tuition and fees deduction Tuition and fees deduction: Eligible studentFor purposes of the tuition and fees deduction, an eligible student is a student who is enrolled in one or more courses at an eligible educational institution (as defined under Qualified Education Expenses, earlier). The student must have either a high school diploma or a General Educational Development (GED) credential.

    Who Can Claim a Dependent's Expenses

    Tuition and fees deduction: Claiming dependent's expensesGenerally, in order to claim the tuition and fees deduction for qualified education expenses for a dependent, you must:

  • Have paid the expenses, and
  • Claim an exemption for the student as a dependent.
  • For you to be able to deduct qualified education expenses for your dependent, you must claim an exemption for that individual. You do this by listing your dependent's name and other required information on Form 1040 (or Form 1040A), line 6c. IF your dependent is an eligible student and you... AND... THEN... claim an exemption for your dependent you paid all qualified education expenses for your dependent only you can deduct the qualified education expenses that you paid. Your dependent cannot take a deduction. claim an exemption for your dependent your dependent paid all qualified education expenses no one is allowed to take a deduction. do not claim an exemption for your dependent, but are eligible to you paid all qualified education expenses no one is allowed to take a deduction. do not claim an exemption for your dependent, but are eligible to your dependent paid all qualified education expenses no one is allowed to take a deduction. are not eligible to claim an exemption for your dependent you paid all qualified education expenses only your dependent can deduct the amount you paid. The amount you paid is treated as a gift to your dependent. are not eligible to claim an exemption for your dependent your dependent paid all qualified education expenses only your dependent can take a deduction.

    Expenses paid by dependent.

    If your dependent pays qualified education expenses and you can claim an exemption for your dependent on your tax return, no one can take a tuition and fees deduction for those expenses. Neither you nor your dependent can deduct the expenses. For purposes of the tuition and fees deduction, you are not treated as paying any expenses actually paid by a dependent for whom you or anyone other than the dependent can claim an exemption. This rule applies even if you do not claim an exemption for your dependent on your tax return.

    Expenses paid by you.

    If you claim an exemption for a dependent who is an eligible student, only you can include any expenses you paid when figuring your tuition and fees deduction. If neither you nor anyone else can claim an exemption for a dependent who is an eligible student, the dependent can include any expenses you paid when figuring the amount of his or her tuition and fees deduction.

    Expenses paid under divorce decree. Divorce: Expenses paid under decree: Tuition and fees deduction

    Qualified education expenses paid directly to an eligible educational institution for a student under a court-approved divorce decree are treated as paid by the student. Only the student would be eligible to take a tuition and fees deduction for that payment, and then only if no one else could claim an exemption for the student.

    Expenses paid by others.

    Someone other than you, your spouse, or your dependent (such as a relative or former spouse) may make a payment directly to an eligible educational institution to pay for an eligible student's qualified education expenses. In this case, the student is treated as receiving the payment from the other person and, in turn, paying the institution. If you claim, or can claim, an exemption on your tax return for the student, you are not considered to have paid the expenses and you cannot deduct them. If the student is not a dependent, only the student can deduct payments made directly to the institution for his or her expenses. If the student is your dependent, no one can deduct the payments.

    Example.

    In 2005, Ms. Baker makes a payment directly to an eligible educational institution for her grandson Dan's qualified education expenses. For purposes of deducting tuition and fees, Dan is treated as receiving the money as a gift from his grandmother and, in turn, paying his own qualified education expenses.

    If an exemption cannot be claimed for Dan on anyone else's tax return, only Dan can claim a tuition and fees deduction for his grandmother's payment. If someone else can claim an exemption for Dan, no one will be allowed a deduction for Ms. Baker's payment.

    Tuition reduction. Tuition reduction: Tuition and fees deduction

    When an eligible educational institution provides a reduction in tuition to an employee of the institution (or spouse or dependent child of an employee), the amount of the reduction may or may not be taxable. If it is taxable, the employee is treated as receiving a payment of that amount and, in turn, paying it to the educational institution on behalf of the student. For more information on tuition reductions, see Qualified Tuition Reduction in chapter 1.

    Figuring the Deduction

    Tuition and fees deduction: Figuring the deductionThe maximum tuition and fees deduction in 2005 is $4,000, $2,000, or $0, depending on the amount of your modified adjusted gross income (MAGI). See Effect of the Amount of Your Income on the Amount of Your Deduction, on the next page.

    Form 1098-T. Form 1098-T: Tuition and fees deduction

    To help you figure your tuition and fees deduction, you should receive Form 1098-T. Generally, an eligible educational institution (such as a college or university) must send Form 1098-T (or acceptable substitute) to each enrolled student by January 31, 2006. An institution may choose to report either payments received (box 1), or amounts billed (box 2), for qualified education expenses. In addition, your Form 1098-T should give you other information for that institution, such as adjustments made for prior years, the amount of scholarships or grants, reimbursements or refunds, and whether you were enrolled at least half-time or were a graduate student.

    Form W-9SThe eligible educational institution may ask for a completed Form W-9S, Request for Student's or Borrower's Taxpayer Identification Number and Certification, or similar statement to obtain the student's name, address, and taxpayer identification number.

    Effect of the Amount of Your Income on the Amount of Your Deduction Tuition and fees deduction: Income level, effect on amount of deduction

    If your modified adjusted gross income (MAGI) is not more than $65,000 ($130,000 if you are married filing jointly), your maximum tuition and fees deduction is $4,000. If your MAGI is larger than $65,000 ($130,000), but is not more than $80,000 ($160,000 if you are married filing jointly), your maximum deduction is $2,000. No tuition and fees deduction is allowed if your MAGI is larger than $80,000 ($160,000).

    Modified adjusted gross income (MAGI). Modified adjusted gross income (MAGI): Tuition and fees deduction Tuition and fees deduction: Modified adjusted gross income (MAGI)

    For most taxpayers, MAGI is adjusted gross income (AGI) as figured on their federal income tax return.

    MAGI when using Form 1040A.

    If you file Form 1040A, your MAGI is the AGI on line 22 of that form, figured without taking into account any amount on line 19 (Tuition and fees deduction).

    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 deduction) or line 35 (Domestic production activities deduction), and modified by adding back any:

  • Foreign earned income exclusion,
  • Foreign housing exclusion,
  • Foreign housing deduction,
  • Exclusion of income for bona fide residents of American Samoa, and
  • Exclusion of income from Puerto Rico.
  • Table 6-2 shows how the amount of your MAGI can affect your tuition and fees deduction.

    Table 6-2. Effect of MAGI on Maximum Tuition and Fees Deduction
    IF your filing status is... AND your MAGI is... THEN your maximum tuition and fees deduction is... single, head of household, or not more than $65,000 $4,000. more than $65,000 but not more than $80,000 $2,000. qualifying widow(er) more than $80,000 $0. married filing joint return not more than $130,000 $4,000. more than $130,000 but not more than $160,000 $2,000. more than $160,000 $0.
    Modified adjusted gross income (MAGI): Tuition and fees deduction: Table 6-2 Tuition and fees deduction: Modified adjusted gross income (MAGI): Table 6-2 Tables and figures: Tuition and fees deduction: MAGI, effect of (Table 6-2)

    You can use Worksheet 6-1 to figure your MAGI.

    Claiming the Deduction Tuition and fees deduction: Claiming the deduction Reporting: Tuition and fees deduction

    You claim a tuition and fees deduction by entering the amount you have figured on Form 1040, line 34, or Form 1040A, line 19.

    When Must the Deduction Be Repaid (Recaptured) Recapture: Tuition and fees deduction Tuition and fees deduction: Repayment of deduction

    If, after you file your 2005 tax return, you or someone else receives tax-free educational assistance for, or a refund of, an expense you used to figure a tuition and fees deduction on that return, you may have to repay all or part of the deduction. This applies to assistance and refunds received by the individual claiming the deduction, and, in the case of a student who claims the deduction, refunds received by anyone else who paid such expenses for the student.

    You must include the assistance or refund in income in the year you receive it to the extent that the deduction of the refunded amount reduced your tax in 2005. See Non-Itemized Deduction Recoveries in Publication 525, Taxable and Nontaxable Income, for more information. Your 2005 tax return does not change.

    Worksheets: Tuition and fees deduction, MAGI calculation (Worksheet 6-1) Tuition and fees deduction: Modified adjusted gross income (MAGI): Worksheet 6-1 Modified adjusted gross income (MAGI): Tuition and fees deduction: Worksheet 6-1 Tuition and fees deduction Worksheet 6-1. MAGI for the Tuition and Fees Deduction (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 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 any amount entered on the dotted line next to Form 1040, line 36 3.  4. Add the amounts on lines 2 and 3  4.  5. Subtract the amount on line 4 from the amount on line 1  5.  6. Enter your foreign earned income exclusion and/or housing exclusion (Form 2555, line 43, or Form 2555-EZ, line 18)  6.  7. Enter your foreign housing deduction (Form 2555, line 48)  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 the amounts on 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.

    Coverdell Education Savings Account (ESA) Education IRA Coverdell education savings account (ESA) Education savings account Coverdell education savings account (ESA) ESAs Coverdell education savings account (ESA) Individual retirement arrangements (IRAs) Education Coverdell education savings account (ESA) Coverdell education savings account (ESA)

    If your modified adjusted gross income (MAGI) is less than $110,000 ($220,000 if filing a joint return), you may be able to establish a Coverdell ESA to finance the qualified education expenses of a designated beneficiary. For most taxpayers, MAGI is the adjusted gross income as figured on their federal income tax return.

    There is no limit on the number of separate Coverdell ESAs that can be established for a designated beneficiary. However, total contributions for the beneficiary in any year cannot be more than $2,000, no matter how many accounts have been established. See Contributions, later.

    This benefit applies not only to higher education expenses, but also to elementary and secondary education expenses.

    What is the tax benefit of the Coverdell ESA. Coverdell education savings account (ESA): Tax benefit of

    Contributions to a Coverdell ESA are not deductible, but amounts deposited in the account grow tax free until distributed.

    If, for a year, distributions from an account are not more than a designated beneficiary's qualified education expenses at an eligible educational institution, the beneficiary will not owe tax on the distributions. See Tax-Free Distributions, later.

    Table 7-1 Coverdell education savings account (ESA): Overview (Table 7-1) Tables and figures: Coverdell ESAs: Overview (Table 7-1)summarizes the main features of the Coverdell ESA.

    What Is a Coverdell ESA

    Coverdell education savings account (ESA): Defined Designated beneficiary: Coverdell ESAA Coverdell ESA is a trust or custodial account created or organized in the United States only for the purpose of paying the qualified education expenses of the designated beneficiary of the account.

    When the account is established, the designated beneficiary must be under age 18 or a special needs beneficiary.

    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 be in writing and must satisfy the following requirements.

  • The trustee or custodian must be a bank or an entity approved by the IRS.
  • The document must provide that the trustee or custodian can only accept a contribution that meets all of the following conditions.
  • The contribution is in cash.
  • The contribution is made before the beneficiary reaches age 18, unless the beneficiary is a special needs beneficiary.
  • The contribution would not result in total contributions for the year (not including rollover contributions) being more than $2,000.
  • Money in the account cannot be invested in life insurance contracts.
  • Money in the account cannot be combined with other property except in a common trust fund or common investment fund.
  • The balance in the account generally must be distributed within 30 days after the earlier of the following events.
  • The beneficiary reaches age 30, unless the beneficiary is a special needs beneficiary.
  • The beneficiary's death.
  • As of this printing, regulations defining a special needs beneficiary have not been released. If available, the definition will be included in Publication 553, Highlights of 2005 Tax Changes, which will be issued in early 2006.

    Table 7-1. Coverdell ESA at a Glance
    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 explanations.
    Question Answer What is a Coverdell ESA? A savings account that is set up to pay the qualified education expenses of a designated beneficiary. Where can it be established? It can be opened in the United States at any bank or other IRS-approved entity that offers Coverdell ESAs. Who can have a Coverdell ESA? Any beneficiary who is under age 18 or is a special needs beneficiary. Who can contribute to a Coverdell ESA? Generally, any individual (including the beneficiary) whose modified adjusted gross income for the year is less than $110,000 ($220,000 in the case of a joint return). Are distributions tax free? Yes, if the distributions are not more than the beneficiary's adjusted qualified education expenses for the year.
    Coverdell education savings account (ESA): Overview (Table 7-1)

    Qualified Education Expenses Coverdell education savings account (ESA): Qualified education expenses Qualified education expenses: Coverdell ESA

    Generally, these are expenses required for the enrollment or attendance of the designated beneficiary at an eligible educational institution. For purposes of Coverdell ESAs, the expenses can be either qualified higher education expenses or qualified elementary and secondary education expenses.

    Designated beneficiary.

    This is the individual named in the document creating the trust or custodial account to receive the benefit of the funds in the account.

    Eligible Educational Institution Coverdell education savings account (ESA): Eligible educational institution Eligible educational institution: Coverdell ESA

    For purposes of Coverdell ESAs, an eligible educational institution can be either an eligible postsecondary school or an eligible elementary or secondary school.

    Eligible postsecondary school.

    This is any college, university, vocational school, or other postsecondary educational institution eligible to participate in a student aid program administered by the Department of Education. It includes virtually all accredited public, nonprofit, and proprietary (privately owned profit-making) postsecondary institutions. The educational institution should be able to tell you if it is an eligible educational institution.

    Certain educational institutions located outside the United States also participate in the U.S. Department of Education's Federal Student Aid (FSA) programs.

    Eligible elementary or secondary school. Eligible elementary or secondary school: Coverdell ESA

    This is any public, private, or religious school that provides elementary or secondary education (kindergarten through grade 12), as determined under state law.

    Qualified Higher Education Expenses

    These are expenses related to enrollment or attendance at an eligible postsecondary school. As shown in the following list, to be qualified, some of the expenses must be required by the school and some must be incurred by students who are enrolled at least half-time. Contributions to qualified tuition programs can be qualified education expenses (see item (4) in the following list).

  • The following expenses must be required for enrollment or attendance of a designated beneficiary at an eligible postsecondary school.
  • Tuition and fees.
  • Books, supplies, and equipment.
  • Expenses for special needs services needed by a special needs beneficiary must be incurred in connection with enrollment or attendance at an eligible postsecondary school. (See Caution in the next column.)
  • Expenses for room and board must be incurred by students who are enrolled at least half-time (defined in the next column).

    The expense for room and board qualifies only to the extent that it is not more than the greater of the following two amounts.

  • The allowance for room and board, as determined by the school, that was included in the cost of attendance (for federal financial aid purposes) for a particular academic period and living arrangement of the student.
  • The actual amount charged if the student is residing in housing owned or operated by the school.
  • Any contribution to a qualified tuition program (QTP) must be on behalf of the designated beneficiary of the Coverdell ESA or, in the case of a change in beneficiary, a family member of the designated beneficiary. (See chapter 8, Qualified Tuition Program (QTP).)
  • Half-time student. Half-time student: Coverdell ESA

    A student is enrolled at least half-time if he or she is enrolled for at least half the full-time academic work load for the course of study the student is pursuing, as determined under the standards of the school where the student is enrolled.

    Qualified Elementary and Secondary Education Expenses Qualified elementary and secondary education expenses: Coverdell ESAs

    These are expenses related to enrollment or attendance at 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 special rules for computer-related expenses.

  • The following expenses must be incurred by a designated beneficiary in connection with enrollment or attendance at an eligible elementary or secondary school.
  • Tuition and fees.
  • Books, supplies, and equipment.
  • Academic tutoring.
  • Special needs services for a special needs beneficiary. (See Caution below.)
  • The following expenses must be required or provided by an eligible elementary or secondary school in connection with attendance or enrollment at the school.
  • Room and board.
  • Uniforms.
  • Transportation.
  • Supplementary items and services (including extended day programs).
  • The purchase of computer technology, equipment, or Internet access and related services is a qualified elementary and secondary education expense if it is to be used by the beneficiary and the beneficiary's family during any of the years the beneficiary is in elementary or secondary school. (This does not include expenses for computer software designed for sports, games, or hobbies unless the software is predominantly educational in nature.)
  • As of this printing, regulations defining a special needs beneficiary have not been released. If available, the definition will be included in Publication 553, Highlights of 2005 Tax Changes, which will be issued in early 2006.

    Contributions

    Coverdell education savings account (ESA): Contributions toAny individual (including the designated beneficiary) can contribute to a Coverdell ESA if the individual's modified adjusted gross income (MAGI) (defined later under Contribution Limits) for the year is less than $110,000. For individuals filing joint returns, that amount is $220,000.

    Organizations, such as corporations and trusts, can also contribute to Coverdell ESAs. There is no requirement that an organization's income be below a certain level.

    Contributions must meet all of the following requirements.

  • They must be in cash.
  • They cannot be made after the beneficiary reaches age 18, unless the beneficiary is a special needs beneficiary, and
  • They must be made by the due date of the contributor's tax return (not including extensions).
  • Contributions can be made to one or several Coverdell ESAs for the same designated beneficiary provided that the total contributions are not more than the contribution limits (defined later) for a year.

    Contributions can be made, without penalty, to both a Coverdell ESA and a QTP in the same year for the same beneficiary.

    When contributions considered made.

    Contributions made to a Coverdell ESA for the preceding tax year are considered to have been made on the last day of the preceding year. They must be made by the due date (not including extensions) for filing your return for the preceding year.

    For example, if you make a contribution to a Coverdell ESA in February of 2006, and you designate it as a contribution for 2005, you are considered to have made that contribution on December 31, 2005.

    Table 7-2 summarizes many of the features of contributing to a Coverdell ESA. Coverdell education savings account (ESA): Contributions to: Table 7-2 Tables and figures: Coverdell ESAs: Contributions to (Table 7-2)

    Table 7-2. Coverdell ESA Contributions at a Glance
    Do not rely on this table alone. It provides only general highlights. See the text for more complete explanations.
    Question Answer Are contributions deductible? No. Why should someone contribute to a Coverdell ESA? Earnings on the account grow tax free until distributed. What is the annual contribution limit per designated beneficiary? $2,000 for each designated beneficiary. What if more than one Coverdell ESA has been opened for the same designated beneficiary? The annual contribution limit is $2,000 for each beneficiary, no matter how many Coverdell ESAs are set up for that beneficiary. What if more than one individual makes contributions for the same designated beneficiary? The annual contribution limit is $2,000 per beneficiary, no matter how many individuals contribute. Can contributions other than cash be made to a Coverdell ESA? No. When must contributions stop? No contributions can be made to a beneficiary's Coverdell ESA after he or she reaches age 18, unless the beneficiary is a special needs beneficiary.

    Contribution Limits Coverdell education savings account (ESA): Contribution limits

    There are two yearly limits:

  • One on the total amount that can be contributed for each designated beneficiary in any year, and
  • One on the amount that any individual can contribute for any one designated beneficiary for a year.
  • Limit for each designated beneficiary.

    For 2005, the total of all contributions to all Coverdell ESAs set up for the benefit of any one designated beneficiary cannot be more than $2,000. This includes contributions (other than rollovers) to all the beneficiary's Coverdell ESAs from all sources. Rollovers are discussed under Rollovers and Other Transfers, later.

    Example.

    When Maria Luna was born in 2004, three separate Coverdell ESAs were set up for her, one by her parents, one by her grandfather, and one by her aunt. In 2005, the total of all contributions to Maria's three Coverdell ESAs cannot be more than $2,000. For example, if her grandfather contributed $2,000 to one of her Coverdell ESAs, no one else could contribute to any of her three accounts. Or, if her parents contributed $1,000 and her aunt $600, her grandfather or someone else could contribute no more than $400. These contributions could be put into any of Maria's Coverdell ESA accounts.

    Limit for each contributor.

    Generally, you can contribute up to $2,000 for each designated beneficiary for 2005. This is the most you can contribute for the benefit of any one beneficiary for the year, regardless of the number of Coverdell ESAs set up for the beneficiary.

    Example.

    The facts are the same as in the previous example except that Maria Luna's older brother, Edgar, also has a Coverdell ESA. If their grandfather contributed $2,000 to Maria's Coverdell ESA in 2005, he could also contribute $2,000 to Edgar's Coverdell ESA.

    Reduced limit.

    Your contribution limit may be reduced. If your modified adjusted gross income (MAGI) (defined below) is between $95,000 and $110,000 (between $190,000 and $220,000 if filing a joint return), the $2,000 limit for each designated beneficiary is gradually reduced (see Figuring the limit, later). If your MAGI is $110,000 or more ($220,000 or more if filing a joint return), you cannot contribute to anyone's Coverdell ESA.

    Modified adjusted gross income (MAGI). Coverdell education savings account (ESA): Modified adjusted gross income (MAGI) Modified adjusted gross income (MAGI): Coverdell ESA

    For most taxpayers, MAGI is adjusted gross income (AGI) as figured on their federal income tax return.

    MAGI when using Form 1040A.

    If you file Form 1040A, your MAGI is the AGI on line 22 of that form.

    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:

  • Foreign earned income exclusion,
  • Foreign housing exclusion,
  • Exclusion of income for bona fide residents of American Samoa, and
  • Exclusion of income from Puerto Rico.
  • You can use Worksheet 7-1 to figure your MAGI.

    Worksheet 7-1. MAGI for a Coverdell ESA
    1. Enter your adjusted gross income (Form 1040, line 38) 1. 2. Enter your foreign earned income exclusion and/or housing exclusion (Form 2555, line 43, or Form 2555-EZ, line 18) 2. 3. Enter the amount of income from Puerto Rico that you are excluding 3. 4. Enter the amount of income from American Samoa that you are excluding (Form 4563, line 15) 4. 5. Add the amounts on lines 2, 3, and 4 5. 6. Add the amounts on lines 1 and 5. This is your modified adjusted gross income 6.

    Coverdell education savings account (ESA): Modified adjusted gross income (MAGI): Worksheet 7-1 Modified adjusted gross income (MAGI): Coverdell ESA: Worksheet 7-1 Worksheets: Coverdell ESA: MAGI, calculation of (Worksheet 7-1)

    Figuring the limit.

    Coverdell education savings account (ESA): Contribution limits: Figuring the limit (Worksheet 7-2) Worksheets: Coverdell ESA: Contribution limit (Worksheet 7-2)To figure the limit on the amount you can contribute for each designated beneficiary, multiply $2,000 by a fraction. The numerator (top number) is your 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 amount you can contribute for each beneficiary. You can use Worksheet 7-2 to figure the limit on your contributions.

    Worksheet 7-2. Coverdell ESA Contribution Limit
    1. Maximum contribution 1. $ 2,000 2. Enter your modified adjusted gross income (MAGI) for purposes of figuring the contribution limit to a Coverdell ESA (see definition or Worksheet 7-1 earlier) 2. 3. Enter $190,000 if married filing jointly; $95,000 for all other filers 3. 4. Subtract line 3 from line 2. If zero or less, enter -0- on line 4, skip lines 5 through 7, and enter $2,000 on line 8 4. 5. Enter $30,000 if married filing jointly; $15,000 for all other filers 5. Note. If the amount on line 4 is greater than or equal to the amount on line 5, stop here. You are not allowed to contribute to a Coverdell ESA for 2005. 6. Divide line 4 by line 5 and enter the result as a decimal (rounded to at least 3 places) 6.   . 7. Multiply line 1 by line 6 7. 8. Subtract line 7 from line 1 8. Note: The total Coverdell ESA contributions from all sources for the designated beneficiary during the tax year may not exceed $2,000.

    Example.

    Paul, who is single, had MAGI of $96,500 for 2005. Paul can contribute up to $1,800 in 2005 for each beneficiary, as shown in the illustrated Worksheet 7-2.

    Worksheet 7-2. Coverdell ESA Contribution Limit—Illustrated
    1. Maximum contribution 1. $ 2,000 2. Enter your modified adjusted gross income (MAGI) for purposes of figuring the contribution limit to a Coverdell ESA (see definition or Worksheet 7-1 earlier) 2. 96,500 3. Enter $190,000 if married filing jointly; $95,000 for all other filers 3. 95,000 4. Subtract line 3 from line 2. If zero or less, enter -0- on line 4, skip lines 5 through 7, and enter $2,000 on line 8 4. 1,500 5. Enter $30,000 if married filing jointly; $15,000 for all other filers 5. 15,000 Note. If the amount on line 4 is greater than or equal to the amount on line 5, stop here. You are not allowed to contribute to a Coverdell ESA for 2005. 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 8. Subtract line 7 from line 1 8. 1,800 Note: The total Coverdell ESA contributions from all sources for the designated beneficiary during the tax year may not exceed $2,000.
    Additional Tax on Excess Contributions Coverdell education savings account (ESA): Additional tax: On excess contributions Excess contributions: Coverdell ESA Additional tax: Coverdell ESA: On excess contributions

    The beneficiary must pay a 6% excise tax each year on excess contributions that are in a Coverdell ESA at the end of the year. Excess contributions are the total of the following two amounts.

  • Contributions to any designated beneficiary's Coverdell ESA for the year that are more than $2,000 (or, if less, the total of each contributor's limit for the year, as discussed earlier).
  • Excess contributions for the preceding year, reduced by the total of the following two amounts:
  • Distributions (other than those rolled over as discussed later) during the year, and
  • The contribution limit for the current year minus the amount contributed for the current year.
  • Exceptions.

    The excise tax does not apply if excess contributions made during 2005 (and any earnings on them) are distributed before the first day of the sixth month of the following tax year (June 1, 2006, for a calendar year taxpayer).

    However, you must include the distributed earnings in gross income for the year in which the excess contribution was made. You should receive Form 1099-Q, Payments From Qualified Education Programs (Under Sections 529 and 530), Form 1099-Q: Coverdell ESA from each institution from which excess contributions were distributed. Box 2 of that form will show the amount of earnings on your excess contributions. Enter the amount of earnings on line 21 of Form 1040. For more information, see Taxable Distributions, later.

    The excise tax does not apply to any rollover contribution.

    Note.

    Contributions made in one year for the preceding taxable year are considered to have been made on the last day of the preceding year.

    Example.

    In 2004, Greta's parents and grandparents contributed a total of $2,300 to Greta's Coverdell ESA, an excess contribution of $300. Because Greta did not withdraw the excess before June 1, 2005, she had to pay an additional tax of $18 (6% × $300) when she filed her 2004 tax return.

    In 2004, excess contributions to the same account totaled $500, but Greta withdrew $250 to use for qualified education expenses. Using the steps shown under Additional Tax on Excess Contributions, Greta figures the excess contribution in her account at the end of 2005 as follows. (1) $500 excess paid in 2005 +  (2) $300 excess contributions at end of 2004 − (2a) $250 distribution during 2005 $550 excess at end of 2005 × 6% = $33
    If Greta limits 2006 contributions to $1,450 ($2,000 maximum allowed − $550 excess contributions from 2005), she will not owe any additional tax in 2006 for excess contributions.

    Figuring the additional tax.

    You figure this excise tax in Part V, Form 5329, Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts. Report the additional tax on Form 1040, line 60.

    Coverdell education savings account (ESA): Contributions to
    Rollovers and Other Transfers

    Assets can be rolled over from one Coverdell ESA to another or the designated beneficiary can be changed. The beneficiary's interest can be transferred to a spouse or former spouse because of divorce.

    Rollovers Coverdell education savings account (ESA): Rollovers Transfers Rollovers: Coverdell ESA Transfers: Coverdell ESA

    Any amount distributed from a Coverdell ESA is not taxable if it is rolled over to another Coverdell ESA for the benefit of the same beneficiary or a member of the beneficiary'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.

    An amount is rolled over if it is paid to another Coverdell ESA within 60 days after the date of the distribution.

    Members of the beneficiary's family. Family members, beneficiary: Coverdell ESA Related persons: Coverdell ESA

    For these purposes, the beneficiary's family includes the beneficiary's spouse and the following other relatives of the beneficiary.

  • Child or descendant of a child.
  • Brother, sister, stepbrother, or stepsister.
  • Father or mother or ancestor of either.
  • Stepfather or stepmother.
  • Son or daughter of a brother or sister.
  • Brother or sister of father or mother.
  • Son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law.
  • The spouse of any individual listed above.
  • First cousin.
  • Example.

    When Aaron graduated from college last year he had $5,000 left in his Coverdell ESA. He wanted to give this money to his younger sister, who was still in high school. In order to avoid paying tax on the distribution of the amount remaining in his account, Aaron contributed the same amount to his sister's Coverdell ESA within 60 days of the distribution.

    Only one rollover per Coverdell ESA is allowed during the 12-month period ending on the date of the payment or distribution.

    Changing the Designated Beneficiary Change of designated beneficiary: Coverdell ESA Designated beneficiary: Coverdell ESA

    The designated beneficiary can be changed to a member of the beneficiary's family (defined above). There are no tax consequences if, at the time of the change, the new beneficiary is under age 30 or a special needs beneficiary.

    Example.

    Assume the same situation as in the last example. Instead of closing his Coverdell ESA and paying the distribution into his sister's Coverdell ESA, Aaron could have instructed the trustee of his account to simply change the name of the beneficiary on his account to that of his sister.

    Transfer Because of Divorce Coverdell education savings account (ESA): Divorce, transfer due to Divorce: Coverdell ESA transfer due to

    If a spouse or former spouse receives a Coverdell ESA under a divorce or separation instrument, it is not a taxable transfer. After the transfer, the spouse or former spouse treats the Coverdell ESA as his or her own.

    Example.

    In their divorce settlement, Peg received her ex-husband's Coverdell ESA. In this process, the account was transferred into her name. Peg now treats the funds in this Coverdell ESA as if she were the original owner.

    Distributions

    Distributions specific benefit Coverdell education savings account (ESA): DistributionsThe designated beneficiary of a Coverdell ESA can take a distribution at any time. Whether the distributions are tax free depends, in part, on whether the distributions are equal to or less than the amount of adjusted qualified education expenses (defined next) that the beneficiary has in the same tax year.

    See Table 7-3, on the next page, for highlights.

    Adjusted qualified education expenses. Qualified education expenses: Adjustments to: Coverdell ESA

    To determine if total distributions for the year are more than the amount of qualified education expenses, reduce total qualified education expenses by any tax-free educational assistance. Tax-free educational assistance: Coverdell ESATax-free educational assistance includes:

  • The tax-free part of scholarships and fellowships (see chapter 1),
  • Veterans' educational assistance (see chapter 1),
  • Pell grants (see chapter 1),
  • Employer-provided educational assistance (see chapter 11), and
  • Any other nontaxable (tax-free) payments (other than gifts or inheritances) received as educational assistance.
  • The amount you get by subtracting tax-free educational assistance from your total qualified education expenses is your adjusted qualified education expenses.

    Tax-Free Distributions Coverdell education savings account (ESA): Tax-free distributions

    Generally, distributions are tax free if they are not more than the beneficiary's adjusted qualified education expenses for the year.

    Taxable Distributions Coverdell education savings account (ESA): Taxable distributions

    A portion of the distributions is generally taxable to the beneficiary if the distributions are more than the beneficiary's adjusted qualified education expenses for the year.

    Excess distribution.

    This is the part of the total distribution that is more than the beneficiary's adjusted qualified education expenses for the year.

    Earnings and basis. Form 1099-Q: Coverdell ESA

    You will receive a Form 1099-Q for each of the Coverdell ESAs from which money was distributed in 2005. The amount of your gross distribution will be shown in box 1. For 2005, instead of dividing the gross distribution between your earnings (box 2) and your basis (already-taxed amount) (box 3), the payer or trustee may report the fair market value (account balance) of the Coverdell ESA as of December 31, 2005. This will be shown in the blank box below boxes 5 and 6.

    Table 7-3. Coverdell ESA Distributions at a Glance
    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 explanations.
    Question Answer Is a distribution from a Coverdell ESA to pay for a designated beneficiary's qualified education expenses tax free? Generally, yes, to the extent the amount of the distribution is not more than the designated beneficiary's adjusted qualified education expenses. After the designated beneficiary completes his or her education at an eligible educational institution, can amounts remaining in the Coverdell ESA be distributed? Yes. Amounts must be distributed when the designated beneficiary reaches age 30, unless he or she is a special needs beneficiary. Also, certain transfers to members of the beneficiary's family are permitted. Does the designated beneficiary need to be enrolled for a minimum number of courses to take a tax-free distribution? No.
    Coverdell education savings account (ESA): Distributions: Overview (Table 7-3) Tables and figures: Coverdell ESAs: Distributions (Table 7-3)
    Figuring the Taxable Portion of a Distribution Coverdell education savings account (ESA): Figuring taxable portion of distribution

    The taxable portion is the amount of the excess distribution that represents earnings that have accumulated tax free in the account. Figure the taxable portion for 2005 as shown in the following steps.

  • Multiply the amount distributed by a fraction. The numerator is the basis (contributions not previously distributed) at the end of 2004 plus total contributions for 2005 and the denominator is the value (balance) of the account at the end of 2005 plus the amount distributed during 2005.
  • Subtract the amount figured in (1) from the total amount distributed during 2005. This is the amount of earnings included in the distribution(s).
  • Multiply the amount of earnings figured in (2) by a fraction. The numerator is the adjusted qualified education expenses paid during 2005 and the denominator is the total amount distributed during 2005.
  • Subtract the amount figured in (3) from the amount figured in (2). This is the amount the beneficiary must include in income.
  • The taxable amount must be reported on Form 1040, line 21. Reporting: Coverdell ESA

    Example.

    You received an $850 distribution from your Coverdell ESA, to which $1,500 had been contributed before 2005. There were no contributions in 2005. This is your first distribution from the account, so your basis in the account on December 31, 2004, was $1,500. The value (balance) of your account on December 31, 2005, was $950. You had $700 of adjusted qualified education expenses (AQEE) for the year. Using the steps above, figure the taxable portion of your distribution as follows. 1. $850 (distribution) × $1,500 basis + $0 contributions $950 value + $850 distribution  = $708 (basis portion of distribution)
    2. $850 (distribution) − $708 (basis portion of distribution)  = $142 (earnings included in distribution)
    3. $142 (earnings) ×   $700 AQEE   $850 distribution  = $117 (tax-free earnings)
    4. $142 (earnings included in distribution) − $117 (tax-free earnings)  = $25 (taxable earnings)
    You must include $25 in income as distributed earnings not used for qualified education expenses. Report this amount on Form 1040, line 21, listing the type and amount of income on the dotted line.

    Worksheet 7-3, later in this chapter, can help you figure your adjusted qualified education expenses, how much of your distribution must be included in income, and the remaining basis in your Coverdell ESAs. Coverdell education savings account (ESA): Coordination with Hope and lifetime learning credits Hope credit: Coordination with Coverdell ESA distributions Lifetime learning credit: Coordination with Coverdell ESA distributions

    Coordination With Hope and Lifetime Learning Credits

    The Hope or lifetime learning credit 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. This means the beneficiary must reduce qualified higher education expenses by tax-free educational assistance, and then further reduce them by any expenses taken into account in determining a Hope or lifetime learning credit.

    Example.

    Derek Green had $4,200 of qualified higher education expenses for 2005, his first year in college. He paid his college expenses from the following sources. Partial tuition scholarship (tax free) $1,500 Coverdell ESA distribution 1,000 Gift from parents 500 Earnings from part-time job 1,200
    Of his $4,200 of qualified higher education expenses, $2,700 was tuition and related expenses that also qualified for a Hope credit. Derek's parents claimed a $1,500 Hope credit on their tax return.

    Before Derek can determine the taxable portion of his distribution, he must reduce his total qualified higher education expenses. Total qualified higher education expenses $4,200 Minus: Tax-free educational assistance −1,500 Minus: Expenses taken into account in  figuring Hope credit −2,000 Equals: Adjusted qualified higher education  expenses (AQHEE) $  700
    Since the adjusted qualified higher education expenses ($700) are less than the Coverdell ESA distribution, part of the distribution will be taxable. The balance in Derek's account was $1,800 on December 31, 2005. Prior to 2005, $2,200 had been contributed to this account. Contributions for 2005 totaled $300. Using the four steps outlined earlier, Derek figures the taxable portion of his distribution as shown below. 1. $1,000 (distribution) × $2,200 basis + $300 contributions $1,800 value + $1,000 distribution  = $893 (basis portion of distribution)
    2. $1,000 (distribution) − $893 (basis portion of distribution)  = $107 (earnings included in distribution)
    3. $107 (earnings) ×    $700 AQHEE    $1,000 distribution  = $75 (tax-free earnings)
    4. $107 (earnings included in distribution) − $75 (tax-free earnings)  = $32 (taxable earnings)
    Derek must include $32 in income. This is the amount of distributed earnings not used for adjusted qualified higher education expenses.

    Coverdell education savings account (ESA): Coordination with Hope and lifetime learning credits Hope credit: Coordination with Coverdell ESA distributions Lifetime learning credit: Coordination with Coverdell ESA distributions
    Coordination With Qualified Tuition Program (QTP) Distributions Coverdell education savings account (ESA): Coordination with qualified tuition program (QTP)

    If a designated beneficiary receives distributions from both a Coverdell ESA and a QTP in the same year, and the total distribution is more than the beneficiary's adjusted qualified higher education expenses, those expenses must be allocated between the distribution from the Coverdell ESA and the distribution from the QTP before figuring how much of each distribution is taxable. The following two examples illustrate possible allocations.

    Example 1.

    In 2005, Beatrice graduated from high school and began her first semester of college. That year, she had $1,000 of qualified elementary and secondary education expenses (QESEE) for high school and $3,000 of qualified higher education expenses (QHEE) for college. To pay these expenses, Beatrice withdrew $800 from her Coverdell ESA and $4,200 from her QTP. No one claimed Beatrice as a dependent, nor was she eligible for an education credit. She did not receive any tax-free educational assistance in 2005. Beatrice must allocate her total qualified education expenses between the two distributions.  1. Beatrice knows that tax-free treatment will be avail- able if she applies her $800 Coverdell ESA distribution toward her $1,000 of qualified education expenses for high school. The qualified expenses are greater than the distribution, making the $800 Coverdell ESA distribution tax free.  2. Next, Beatrice matches her $4,200 QTP distribution to her $3,000 of QHEE, and finds she has an excess QTP distribution of $1,200 ($4,200 QTP − $3,000 QHEE). She cannot use the extra $200 of high school expenses (from (1) above) against the QTP distribution because those expenses do not qualify a QTP for tax-free treatment.  3. Finally, Beatrice figures the taxable and tax-free portions of her QTP distribution based on her $3,000 of QHEE. (See Figuring the Taxable Portion of a Distribution, in chapter 8, for more information.)

    Example 2.

    Assume the same facts as in Example 1, except that Beatrice withdrew $1,800 from her Coverdell ESA and $3,200 from her QTP. In this case, she allocates her qualified education expenses as follows.  1. Using the same reasoning as in Example 1, Beatrice matches $1,000 of her Coverdell ESA distribution to her $1,000 of QESEE—she has $800 of her distribution remaining.  2. Because higher education expenses can also qualify a Coverdell ESA distribution for tax-free treatment, Beatrice allocates her $3,000 of QHEE between the remaining $800 Coverdell ESA and the $3,200 QTP distributions ($4,000 total).

    $3,000 QHEE ×  $800 ESA distribution $4,000 total distribution = $600 QHEE (ESA)
    $3,000 QHEE × $3,200 QTP distribution $4,000 total distribution = $2,400 QHEE (QTP)

     3. Beatrice then figures the taxable part of her: • Coverdell ESA distribution based on qualified  education expenses of $1,600 ($1,000 QESEE  + $600 QHEE). See Figuring the Taxable Portion  of a Distribution, earlier in this chapter. • QTP distribution based on her $2,400 of QHEE  (see Figuring the Taxable Portion of a  Distribution, in chapter 8).

    The above examples show two types of allocation between distributions from a Coverdell ESA and a QTP. However, you do not have to allocate your expenses in the same way. You can use any reasonable method.

    Losses on Coverdell ESA Investments Coverdell education savings account (ESA): Losses Losses, deducting: Coverdell ESA

    If you have a loss on your investment in a Coverdell ESA, you may be able to take the loss on your income tax return. You can take the loss only when all amounts from that account have been distributed and the total distributions are less than your unrecovered basis. Your basis is the total amount of contributions to that Coverdell ESA. You claim the loss as a miscellaneous itemized deduction on Schedule A (Form 1040), line 22, subject to the 2%-of-adjusted-gross-income limit. For more information and examples of the calculation, see Losses on QTP Investments in chapter 8 under Figuring the Taxable Portion of a Distribution.

    Additional Tax on Taxable Distributions Coverdell education savings account (ESA): Additional tax: On taxable distributions Additional tax: Coverdell ESA: On taxable distributions

    Generally, if you receive a taxable distribution, you also must pay a 10% additional tax on the amount included in income.

    Exceptions.

    The 10% additional tax does not apply to distributions:

  • Paid to a beneficiary (or to the estate of the designated beneficiary) on or after the death of the designated beneficiary.
  • Made because the designated beneficiary is disabled. A person is considered to be disabled if he or she shows proof that he or she cannot do any substantial gainful activity because of his or her physical or mental condition. A physician must determine that his or her condition can be expected to result in death or to be of long-continued and indefinite duration.
  • Included in income because the designated beneficiary received:
  • A tax-free scholarship or fellowship (see chapter 1),
  • Veterans' educational assistance (see chapter 1),
  • Employer-provided educational assistance (see chapter 11), or
  • Any other nontaxable (tax-free) payments (other than gifts or inheritances) received as educational assistance.
  • Made on account of the attendance of the designated beneficiary at a U.S. military academy (such as West Point). This exception applies only to the extent that the amount of the distribution does not exceed the costs of advanced education (as defined in section 2005(e)(3) of title 10 of the U.S. Code) attributable to such attendance.
  • Included in income only because the qualified education expenses were taken into account in determining the Hope or lifetime learning credit (see chapters 2 and 3).
  • Made before June 1, 2006, of an excess 2005 contribution (and any earnings on it). The distributed earnings must be included in gross income for the year in which the excess contribution was made.
  • Exception (3) applies only to the extent the distribution is not more than the scholarship, allowance, or payment.

    Figuring the additional tax.

    Form 5329: Coverdell ESAUse Part II of Form 5329, Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts, to figure any additional tax. Report the amount on Form 1040, line 60.

    Worksheet 7-3. Coverdell ESA—Taxable Distributions and Basis (Keep for Your Records)
    How to complete this worksheet. Coverdell education savings account (ESA): Taxable distributions: Worksheet 7-3 to figure Coverdell education savings account (ESA): Figuring taxable portion of distribution: Worksheet 7-3 Worksheets: Coverdell ESA: Taxable distributions and basis (Worksheet 7-3)   •   •   • 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 2005  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)  C.  D. Enter those qualified higher education expenses on which a Hope or lifetime learning credit was based  D.  E. Add lines B, C, and D  E.  F. Subtract line E from line A. This is your adjusted qualified education expense for 2005  F.  G. Enter your total distributions from all Coverdell ESAs during 2005. Do not include rollovers or the return of excess contributions (see instructions)  G.  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  H. .    Part II. Taxable Distributions and Basis (Complete separately for each account)  1. Enter the amount contributed to this Coverdell ESA for 2005, including contributions made for 2005 from January 1, 2006, through April 15, 2006. Do not include rollovers or the return of excess contributions  1.  2. Enter your basis in this Coverdell ESA as of December 31, 2004 (see instructions)  2.  3. Add lines 1 and 2  3.  4. Enter the total distributions from this Coverdell ESA during 2005. 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, 2005, 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 2005 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, 2005 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, listing the type and amount of income on the dotted line 16.

    Worksheet 7-3 Instructions. Coverdell ESA—Taxable Distributions and Basis
    Line G. Enter the total distributions received from all Coverdell ESAs during 2005. 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, 2004, is the total of:  • All contributions to this Coverdell ESA before 2005  • Minus the tax-free portion of any distributions from this Coverdell ESA before 2005. If your last distribution from this Coverdell ESA was before 2003, 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 Worksheet 7-3 in Publication 970 for that year. You can determine your basis in this Coverdell ESA as of December 31, 2004, 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 2005. Line 4. Enter the total distributions received from this Coverdell ESA in 2005. 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, 2005, plus any outstanding rollovers contributed to the account after 2004, but before the end of the 60-day rollover period. A statement should be sent to you by January 31, 2006, for this Coverdell ESA showing the value on December 31, 2005. 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 2005 (November 2 through December 31) that was rolled over after December 31, 2005, but within the 60-day rollover period.
    When Assets Must Be Distributed Coverdell education savings account (ESA): Assets to be distributed at age 30 or death of beneficiary

    Any assets remaining in a Coverdell ESA must be distributed when either one of the following two events occurs.

  • The designated beneficiary reaches age 30. In this case, the remaining assets must be distributed within 30 days after the beneficiary reaches age 30. However, this rule does not apply if the beneficiary is a special needs beneficiary.
  • The designated beneficiary dies before reaching age 30. In this case, the remaining assets must generally be distributed within 30 days after the date of death.
  • Exception for Transfer to Surviving Spouse or Family Member Surviving spouse: Coverdell ESA transfer to

    If a Coverdell ESA is transferred to a surviving spouse or other family member as the result of the death of the designated beneficiary, the Coverdell ESA retains its status. (Family member was defined earlier under Rollovers.) This means the spouse or other family member can treat the Coverdell ESA as his or her own and does not need to withdraw the assets until he or she reaches age 30. This age limitation does not apply if the new beneficiary is a special needs beneficiary. There are no tax consequences as a result of the transfer.

    How To Figure the Taxable Earnings Coverdell education savings account (ESA): Figuring the taxable earnings in required distribution

    When a total distribution is made because the designated beneficiary either reached age 30 or died, the earnings that accumulated tax free in the account must be included in taxable income. You determine these earnings as shown in the following two steps.

  • Multiply the amount distributed by a fraction. The numerator is the basis (contributions not previously distributed) at the end of 2004 plus total contributions for 2005 and the denominator is the balance in the account at the end of 2005 plus the amount distributed during 2005.
  • Subtract the amount figured in (1) from the total amount distributed during 2005. The result is the amount of earnings included in the distribution.
  • For an example, see steps (1) and (2) of the Example under Figuring the Taxable Portion of a Distribution, earlier.

    Coverdell education savings account (ESA) Coverdell education savings account (ESA): DistributionsThe beneficiary or other person receiving the distribution must report this amount on Form 1040, line 21, listing the type and amount of income on the dotted line.

    Qualified Tuition Program (QTP) 529 program Qualified tuition program (QTP) Section 529 program Qualified tuition program (QTP) State prepaid education accounts Qualified tuition program (QTP) Qualified tuition program (QTP) Reminder Distributions from eligible educational institution QTPs may be tax free.

    You may not have to include in income a distribution from a QTP established and maintained by an eligible educational institution.

    States may establish and maintain programs that allow you to either prepay or contribute to an account for paying a student's qualified education expenses (defined later). Eligible educational institutions may establish and maintain programs that allow you to prepay a student's qualified education expenses. If you prepay tuition, the student (designated beneficiary) will be entitled to a waiver or a payment of qualified education expenses. You cannot deduct either payments or contributions to a QTP. For information on a specific QTP, you will need to contact the state agency or eligible educational institution that established and maintains it.

    What is the tax benefit of a QTP. Qualified tuition program (QTP): Tax benefit of

    No tax is due on a distribution from a QTP unless the amount distributed is greater than the beneficiary's adjusted qualified education expenses. See Are Distributions Taxable, later, for more information.

    Even if a QTP is used to finance a student's education, the student or the student's parents still may be eligible to claim either the Hope credit or the lifetime learning credit.

    What Is a Qualified Tuition Program

    Qualified tuition program (QTP): DefinedA qualified tuition program (also known as a 529 plan or program) is a program set up to allow you to either prepay, or contribute to an account established for paying, a student's qualified education expenses at an eligible educational institution. QTPs can be established and maintained by states (or agencies or instrumentalities of a state) and eligible educational institutions. The program must meet certain requirements. Your state government or the eligible educational institution in which you are interested can tell you whether or not they participate in a QTP.

    Qualified education expenses. Qualified education expenses: Qualified tuition program (QTP) Qualified tuition program (QTP): Qualified education expenses

    These expenses are the tuition, fees, books, supplies, and equipment required for enrollment or attendance at an eligible educational institution (defined in the next column).

    They also include the reasonable costs of room and board for a designated beneficiary who is at least a half-time student. The cost of room and board qualifies only to the extent that it is not more than the greater of the following two amounts.

  • 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.
  • The actual amount charged if the student is residing in housing owned or operated by the eligible educational institution.
  • You will need to contact the eligible educational institution for qualified room and board costs.

    The definition of qualified education expenses was expanded in 2002 to include expenses of a special needs beneficiary that are necessary for that person's enrollment or attendance at an eligible educational institution.

    As of this printing, regulations defining a special needs beneficiary have not been released. If available, the definition will be included in Publication 553, Highlights of 2005 Tax Changes, which will be issued in early 2006.

    Designated beneficiary. Designated beneficiary: Qualified tuition program (QTP)

    The designated beneficiary is generally the student (or future student) for whom the QTP is intended to provide benefits. The designated beneficiary can be changed after participation in the QTP begins. If a state or local government or certain tax-exempt organizations purchase an interest in a QTP as part of a scholarship program, the designated beneficiary is the person who receives the interest as a scholarship.

    Eligible educational institution. Eligible educational institution: Qualified tuition program (QTP) Qualified tuition program (QTP): Eligible educational institution

    For purposes of a QTP, this is any college, university, vocational school, or other postsecondary educational institution eligible to participate in a student aid program administered by the Department of Education. It includes virtually all accredited public, nonprofit, and proprietary (privately owned profit-making) postsecondary institutions. The educational institution should be able to tell you if it is an eligible educational institution.

    Certain educational institutions located outside the United States also participate in the U.S. Department of Education's Federal Student Aid (FSA) programs.

    How Much Can You Contribute

    Qualified tuition program (QTP): Contributions toContributions to a QTP on behalf of any beneficiary cannot be more than the amount necessary to provide for the qualified education expenses of the beneficiary. There are no income restrictions on the individual contributors.

    You can contribute to both a QTP and a Coverdell ESA in the same year for the same designated beneficiary.

    Are Distributions Taxable

    Qualified tuition program (QTP): Taxability of distributionsThe part of a distribution representing the amount paid or contributed to a QTP does not have to be included in income. This is a return of the investment in the plan.

    The designated beneficiary generally does not have to include in income any earnings distributed from a QTP if the total distribution is less than or equal to adjusted qualified education expenses (defined under Figuring the Taxable Portion of a Distribution, below).

    Note.

    Before 2004, the beneficiary had to include in income any earnings distributed from a QTP established and maintained by an eligible educational institution.

    Earnings and return of investment.

    Form 1099-Q: Qualified tuition program (QTP)You will receive a Form 1099-Q, Payments From Qualified Education Programs (Under Sections 529 and 530), from each of the programs from which you received a QTP distribution in 2005. The amount of your gross distribution (box 1) shown on each form will be divided between your earnings (box 2) and your basis, or return of investment, (box 3). Form 1099-Q should be sent to you by January 31, 2006.

    Figuring the Taxable Portion of a Distribution Qualified tuition program (QTP): Figuring taxable portion of distribution

    To determine if total distributions for the year are more or less than the amount of qualified education expenses, you must compare the total of all QTP distributions for the tax year to the adjusted qualified education expenses.

    Adjusted qualified education expenses. Qualified education expenses: Adjustments to: Qualified tuition program (QTP)

    This amount is the total qualified education expenses reduced by any tax-free educational assistance. Tax-free educational assistance: Qualified tuition program (QTP)Tax-free educational assistance includes:

  • The tax-free part of scholarships and fellowships (see chapter 1),
  • Veterans' educational assistance (see chapter 1),
  • Pell grants (see chapter 1),
  • Employer-provided educational assistance (see chapter 11), and
  • Any other nontaxable (tax-free) payments (other than gifts or inheritances) received as educational assistance.
  • Taxable earnings. Qualified tuition program (QTP): Taxable earnings

    Use the following steps to figure the taxable part.

  • Multiply the total distributed earnings shown on Form 1099-Q (box 2) by a fraction. The numerator is the adjusted qualified education expenses paid during the year and the denominator is the total amount distributed during the year.
  • Subtract the amount figured in (1) from the total distributed earnings. This is the amount the beneficiary must include in income. Report it on Form 1040, line 21.
  • Reporting: Qualified tuition program (QTP)

    Example.

    In 1999, Sara Clarke's parents opened a savings account for her with a QTP maintained by their state government. Over the years they contributed $18,000 to the account. The total balance in the account was $27,000 on the date the distribution was made. In the summer of 2005, Sara enrolled in college and had $6,500 of qualified education expenses for the rest of the year. She paid her college expenses from the following sources. Partial tuition scholarship (tax-free) $3,000 QTP distribution 3,600

    Before Sara can determine the taxable part of her QTP distribution, she must reduce her total qualified education expenses by any tax-free educational assistance. Total qualified education  expenses $6,500 Minus: Tax-free educational assistance −3,000 Equals: Adjusted qualified  education expenses (AQEE) $3,500
    Since the remaining expenses ($3,500) are less than the QTP distribution, part of the earnings will be taxable.

    Sara's Form 1099-Q shows that $1,200 of the QTP distribution is earnings. Sara figures the taxable part of the distributed earnings as follows. 1. $1,200 (earnings) ×   $3,500 AQEE   $3,600 distribution  = $1,167 (tax-free earnings)
    2. $1,200 (earnings) − $1,167 (tax-free earnings)   = $33 (taxable earnings)
    Sara must include $33 in income as distributed QTP earnings not used for adjusted qualified education expenses.

    Coordination With Hope and Lifetime Learning Credits Hope credit: Coordination with qualified tuition program (QTP) distributions Lifetime learning credit: Coordination with qualified tuition program (QTP) distributions Qualified tuition program (QTP): Coordination with Hope and lifetime learning credits

    A Hope or lifetime learning credit (education credit) can be claimed in the same year the beneficiary takes a tax-free distribution from a QTP, as long as the same expenses are not used for both benefits. This means that after the beneficiary reduces qualified education expenses by tax-free educational assistance, he or she must further reduce them by the expenses taken into account in determining the credit.

    Example.

    Assume the same facts for Sara Clarke as in the previous example, except that Sara's parents claimed a Hope credit of $1,500. Total qualified education expenses $6,500 Minus: Tax-free educational assistance −3,000 Minus: Expenses taken into account  in figuring Hope credit −2,000 Equals: Adjusted qualified  education expenses (AQEE) $1,500
    The taxable part of the distribution is figured as follows. 1. $1,200 (earnings) ×   $1,500 AQEE   $3,600 distribution  = $500 (tax-free earnings)
    2. $1,200 (earnings) − $500 (tax-free earnings)   = $700 (taxable earnings)
    Sara must include $700 in income. This represents distributed earnings not used for adjusted qualified education expenses.

    Coordination With Coverdell ESA Distributions Qualified tuition program (QTP): Coordination with Coverdell ESA distributions

    If a designated beneficiary receives distributions from both a QTP and a Coverdell ESA in the same year, and the total of these distributions is more than the beneficiary's adjusted qualified higher education expenses, the expenses must be allocated between the distributions. For purposes of this allocation, disregard any qualified elementary and secondary education expenses.

    Example.

    Assume the same facts as in the last example for Sara Clarke, except that instead of receiving a $3,600 distribution from her QTP, Sara received $3,000 from that account and $600 from her Coverdell ESA. In this case, Sara must allocate her $1,500 of adjusted qualified higher education expenses (AQHEE) between the two distributions. $1,500 AQHEE ×  $600 ESA distribution  $3,600 total distribution = $250 AQHEE (ESA)
    $1,500 AQHEE × $3,000 QTP distribution $3,600 total distribution = $1,250 AQHEE (QTP)

    Sara then figures the taxable portion of her Coverdell ESA distribution based on qualified higher education expenses of $250, and the taxable portion of her QTP distribution based on the other $1,250.

    Note.

    If you are required to allocate your expenses between Coverdell ESA and QTP distributions, and you have adjusted qualified elementary and secondary education expenses, see the examples in chapter 7 under Coordination With Qualified Tuition Program (QTP) Distributions.

    Losses on QTP Investments Losses, deducting: Qualified tuition program (QTP) Qualified tuition program (QTP): Losses

    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. You can take the loss only when all amounts from that account have been distributed and the total distributions are less than your unrecovered basis. Your basis is the total amount of contributions to that QTP account. You claim the loss as a miscellaneous itemized deduction on Schedule A (Form 1040), line 22, subject to the 2%-of-adjusted-gross-income limit.

    If you have distributions from more than one QTP account during a year, you must combine the information (amount of distribution, basis, etc.) from all such accounts 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.

    Example 1.

    In 2005, Taylor received a final distribution of $1,000 from QTP #1. His unrecovered basis in that account before the distribution was $3,000. If Taylor itemizes his deductions, he can claim the $2,000 loss on Schedule A.

    Example 2.

    Assume the same facts as in Example 1, except that Taylor also had a distribution of $9,000 from QTP #2, giving him total distributions for 2005 of $10,000. His total basis in these distributions was $4,500—$3,000 for QTP #1 and $1,500 for QTP #2. Taylor's adjusted qualified education expenses for 2005 totaled $6,000. In order to figure his taxable earnings, Taylor combines the two accounts and determines his taxable earnings as follows. 1. $10,000 (total distribution) − $4,500 (basis portion of distribution)  = $5,500 (earnings included in distribution)
    2. $5,500 (earnings) ×    $6,000 AQEE    $10,000 distribution  = $3,300 (tax-free earnings)
    3. $5,500 (earnings) − $3,300 (tax-free earnings)   = $2,200 (taxable earnings)
    Taylor must include $2,200 in income on Form 1040, line 21. Because Taylor's accounts must be combined, he cannot deduct his $2,000 loss (QTP #1) on Schedule A. Instead, the $2,000 loss reduces the total earnings that were distributed, thereby reducing his taxable earnings.

    Additional Tax on Taxable Distributions Additional tax: Qualified tuition program (QTP), on taxable distributions Qualified tuition program (QTP): Additional tax on taxable distributions

    Generally, if you receive a taxable distribution, you also must pay a 10% additional tax on the amount included in income.

    Exceptions.

    The 10% additional tax does not apply to distributions:

  • Paid to a beneficiary (or to the estate of the designated beneficiary) on or after the death of the designated beneficiary.
  • Made because the designated beneficiary is disabled. A person is considered to be disabled if he or she shows proof that he or she cannot do any substantial gainful activity because of his or her physical or mental condition. A physician must determine that his or her condition can be expected to result in death or to be of long-continued and indefinite duration.
  • Included in income because the designated beneficiary received:
  • A tax-free scholarship or fellowship (see chapter 1),
  • Veterans' educational assistance (see chapter 1),
  • Employer-provided educational assistance (see chapter 11), or
  • Any other nontaxable (tax-free) payments (other than gifts or inheritances) received as educational assistance.
  • Made on account of the attendance of the designated beneficiary at a U.S. military academy (such as West Point). This exception applies only to the extent that the amount of the distribution does not exceed the costs of advanced education (as defined in section 2005(e)(3) of title 10 of the U.S. Code) attributable to such attendance.
  • Included in income only because the qualified education expenses were taken into account in determining the Hope or lifetime learning credit.
  • Made before 2004 and used for qualified education expenses, but included in income because it was paid from a QTP established and maintained by an eligible educational institution.
  • Exception (3) applies only to the extent the distribution is not more than the scholarship, allowance, or payment.

    Figuring the additional tax.

    Qualified tuition program (QTP): Taxability of distributions Form 5329: Qualified tuition program (QTP)Use Part II of Form 5329, Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts, to figure any additional tax. Report the amount on Form 1040, line 60.

    Rollovers and Other Transfers Qualified tuition program (QTP): Transfers Transfers: Qualified tuition program (QTP)

    Assets can be rolled over or transferred from one QTP to another. In addition, the designated beneficiary can be changed without transferring accounts.

    Rollovers Qualified tuition program (QTP): Rollovers Rollovers: Qualified tuition program (QTP)

    Any amount distributed from a QTP is not taxable if it is rolled over to another QTP for the benefit of the same beneficiary or for the benefit of a member of the beneficiary's family (including the beneficiary's spouse). An amount is rolled over if it is paid to another QTP within 60 days after the date of the distribution.

    Members of the beneficiary's family. Family members, beneficiary: Qualified tuition program (QTP) Related persons: Qualified tuition program (QTP)

    For these purposes, the beneficiary's family includes the beneficiary's spouse and the following other relatives of the beneficiary.

  • Child or descendant of a child.
  • Brother, sister, stepbrother, or stepsister.
  • Father or mother or ancestor of either.
  • Stepfather or stepmother.
  • Son or daughter of a brother or sister.
  • Brother or sister of father or mother.
  • Son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law.
  • The spouse of any individual listed above.
  • First cousin.
  • Example.

    When Aaron graduated from college last year he had $5,000 left in his QTP. He wanted to give this money to his younger brother, who was in junior high school. In order to avoid paying tax on the distribution of the amount remaining in his account, Aaron contributed the same amount to his brother's QTP within 60 days of the distribution.

    If the rollover is to another QTP for the same beneficiary, only one rollover is allowed within 12 months of a previous transfer to any QTP for that designated beneficiary.

    Changing the Designated Beneficiary Change of designated beneficiary: Qualified tuition program Designated beneficiary: Qualified tuition program (QTP) Qualified tuition program (QTP): Change of designated beneficiary

    There are no income tax consequences if the designated beneficiary of an account is changed to a member of the beneficiary's family (defined above).

    Example.

    Qualified tuition program (QTP)Assume the same situation as in the last example. Instead of closing his QTP and paying the distribution into his brother's QTP, Aaron could have instructed the trustee of his account to simply change the name of the beneficiary on his account to that of his brother.

    Education Exception to Additional Tax on Early IRA Distributions Individual retirement arrangements (IRAs) Early distributions Early distributions from IRAs Early distributions from IRAs

    Generally, if you take a distribution from your IRA before you reach age 59, you must pay a 10% additional tax on the early distribution. This applies to any IRA you own, whether it is a traditional IRA (including a SEP-IRA), a Roth IRA, or a SIMPLE IRA. The additional tax on an early distribution from a SIMPLE IRA may be as high as 25%. See Publication 560, Retirement Plans for Small Business, for information on SEP-IRAs, and Publication 590, Individual Retirement Arrangements (IRAs), for information about all other IRAs.

    However, you can take distributions from your IRAs for qualified 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 to pay the 10% additional tax.

    The part not subject to the additional tax is generally the amount of the distribution that is not more than the adjusted qualified education expenses for the year.

    Who Is Eligible

    You can take a distribution from your IRA before you reach age 59 and not have to pay the 10% additional tax if, for the year of the distribution, you pay qualified education expenses for:

  • yourself,
  • your spouse, or
  • your or your spouse's children or grandchildren.
  • Qualified education expenses. Qualified education expenses: Early distributions from IRAs Early distributions from IRAs: Qualified education expenses

    For purposes of the 10% additional tax, these expenses are tuition, fees, books, supplies, and equipment required for enrollment or attendance at an eligible educational institution. They also include expenses for special needs services incurred by or for special needs students in connection with their enrollment or attendance.

    As of this printing, regulations defining a special needs beneficiary have not been released. If available, the definition will be included in Publication 553, Highlights of 2005 Tax Changes, which will be issued in early 2006.

    In addition, if the student is at least a half-time student, room and board are qualified education expenses.

    The expense for room and board qualifies only to the extent that it is not more than the greater of the following two amounts.

  • 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.
  • The actual amount charged if the student is residing in housing owned or operated by the eligible educational institution.
  • Eligible educational institution. Eligible educational institution: Early distributions from IRAs Early distributions from IRAs: Eligible educational institution

    An eligible educational institution is any college, university, vocational school, or other postsecondary educational institution eligible to participate in a student aid program administered by the Department of Education. It includes virtually all accredited public, nonprofit, and proprietary (privately owned profit-making) postsecondary institutions. The educational institution should be able to tell you if it is an eligible educational institution.

    Certain educational institutions located outside the United States also participate in the U.S. Department of Education's Federal Student Aid (FSA) programs.

    Half-time student. Half-time student: Early distributions from IRAs

    A student is enrolled at least half-time if he or she is enrolled for at least half the full-time academic work load for the course of study the student is pursuing as determined under the standards of the school where the student is enrolled.

    Figuring the Amount Not Subject to the 10% Tax

    Early distributions from IRAs: Figuring amount not subject to 10% taxTo determine the amount of your distribution that is not subject to the 10% additional tax, first find your adjusted qualified education expenses. You do this by reducing your total qualified education expenses by any Tax-free educational assistance: Early distributions from IRAstax-free educational assistance, which includes:

  • Distributions from a Coverdell education savings account (ESA) (see chapter 7),
  • The tax-free part of scholarships and fellowships (see chapter 1),
  • Pell grants (see chapter 1),
  • Veterans' educational assistance (see chapter 1),
  • Employer-provided educational assistance (see chapter 11), and
  • Any other nontaxable (tax-free) payments (other than gifts or inheritances) received as educational assistance.
  • Do not reduce the qualified education expenses by amounts paid with funds the student receives as:
  • Payment for services, such as wages,
  • A loan,
  • A gift,
  • An inheritance given to either the student or the individual making the withdrawal, or
  • A withdrawal from personal savings (including savings from a qualified tuition program (QTP)).
  • If your IRA distribution is equal to or less than your adjusted qualified education expenses, you are not subject to the 10% additional tax.

    Example 1.

    In 2005, Erin (age 32) took a year off from teaching to attend graduate school full time. She paid $5,800 of qualified education expenses from the following sources. Employer-provided educational assistance  (tax free) $1,500 Early distribution from IRA  (includes $500 taxable earnings) 3,200 Savings account 1,100

    Before Erin can determine if she must pay the 10% additional tax on her IRA distribution, she must reduce her total qualified education expenses.

    Total qualified education expenses $5,800 Minus: Tax-free educational assistance −1,500 Equals: Adjusted qualified  education expenses (AQEE) $4,300
    Because Erin's AQEE ($4,300) are more than her IRA distribution ($3,200), she does not have to pay the 10% additional tax on any part of this distribution. However, she must include the $500 taxable earnings in her gross income subject to income tax.

    Example 2.

    Assume the same facts as in Example 1, except that the assistance from Erin's employer was delayed (not received until July 2005), so she withdrew $4,500 from her IRA instead of the smaller amount. This included $700 of taxable earnings, which must be included in her income subject to income tax.

    Erin's IRA distribution ($4,500) is larger than her AQEE ($4,300). Therefore, she must pay the 10% additional tax on $200, the amount of her distribution ($4,500) that is more than her qualified education expenses ($4,300), but not more than the taxable amount of her distribution ($700). She does not have to pay the 10% additional tax on the remaining $500 of her taxable distribution.

    Example 3.

    Assume the same facts as in Example 1 and Example 2, except that Erin's early distribution from her IRA was $5,500 (including $850 of taxable earnings). The excess of her distribution ($5,500) over her qualified education expenses ($4,300) is $1,200. Because the excess distribution ($1,200) is greater than the taxable earnings ($850), Erin must pay the 10% additional tax on the entire $850 of taxable earnings.

    Early distributions from IRAs: Figuring amount not subject to 10% tax
    Reporting Early Distributions

    Early distributions from IRAs: Reporting Reporting: Early distributions from IRAs Form 1099-R: Early distributions from IRAsBy January 31, 2006, the payer of your IRA distribution should send you Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc. The information on this form will help you determine how much of your distribution is taxable for income tax purposes and how much is subject to the 10% additional tax.

    Form 5329: Early distributions from IRAsIf you received an early distribution from your IRA, you must report the taxable earnings on Form 1040, line 15b. Then, in order to show how much, if any, of your early distribution is subject to the 10% additional tax, you generally must file Form 5329. See the instructions for Form 5329, Part I, for help in completing the form and entering the results on Form 1040.

    However, you do not have to file Form 5329 for this distribution if box 7 of Form 1099-R correctly shows code 1. In this case, multiply the taxable amount of your distribution (from Form 1040, line 15b) by 10% (.10) and enter the result on line 60. Also, put No under the heading Other Taxes to the left of line 60 to indicate that you do not have to file Form 5329.

    There are many other situations in which Form 5329 is required. If, during 2005, you had other distributions from IRAs or qualified retirement plans, or have made excess contributions to certain tax-favored accounts, see the instructions for line 60 (Form 1040) to determine if you must file Form 5329.

    Early distributions from IRAs
    Education Savings Bond Program Bonds, education savings Education savings bond program Education savings bond program What's New Income limits for exclusion reduction increased. Education savings bond program: Income limits for exclusion reduction

    For 2005, the amount of your interest exclusion is phased out (gradually reduced) if your filing status is married filing jointly or qualifying widow(er) and your MAGI is between $91,850 and $121,850. You cannot take the deduction if your MAGI is $121,850 or more. For 2004, the limits that applied to you were $89,750 and $119,750.

    For all other filing statuses, your interest exclusion is phased out if your MAGI is between $61,200 and $76,200. You cannot take the deduction if your MAGI is $76,200 or more. For 2004, the limits that applied to you were $59,850 and $74,850. See Effect of the Amount of Your Income on the Amount of Your Exclusion, later.

    Generally, you must pay tax on the interest earned on U.S. savings bonds. If you do not include the interest in income in the years it is earned, you must include it in your income in the year in which you cash in the bonds.

    However, when you cash in certain savings bonds under an education savings bond program, you may be able to exclude interest from income.

    Who Can Cash In Bonds Tax Free

    Education savings bond program: Cashing in bonds tax freeYou may be able to cash in qualified U.S. savings bonds without having to include in your income some or all of the interest earned on the bonds if you meet the following conditions.

  • You pay qualified education expenses for yourself, your spouse, or a dependent for whom you claim an exemption on your return.
  • Your modified adjusted gross income (MAGI) is less than $76,200 ($121,850 if filing a joint return).
  • Your filing status is not married filing separately.
  • Qualified U.S. savings bonds. Qualified U.S. savings bonds U.S. savings bonds

    A qualified U.S. savings bond is a series EE bond issued after 1989 or a series I bond. The bond must be issued either in your name (as the sole owner) or in the name of both you and your spouse (as co-owners).

    The owner must be at least 24 years old before the bond's issue date. The issue date is printed on the front of the savings bond.

    The issue date is not necessarily the date of purchase—it will be the first day of the month in which the bond is purchased.

    Qualified education expenses. Education savings bond program: Qualified education expenses Qualified education expenses: Education savings bond program

    These include the following items you pay for either yourself, your spouse, or a dependent for whom you claim an exemption.

  • Tuition and fees required to enroll at or attend an eligible educational institution. Qualified education expenses do not include expenses for room and board or for courses involving sports, games, or hobbies that are not part of a degree or certificate granting program. Sports, games, hobbies, and noncredit courses: Education savings bond program
  • Contributions to a qualified tuition program (QTP) (see chapter 8).
  • Contributions to a Coverdell education savings account (ESA) (see chapter 7).
  • Adjusted qualified education expenses. Adjusted qualified education expenses Qualified education expenses Qualified education expenses: Adjustments to: Education savings bond program Tax-free educational assistance: Education savings bond program

    You must reduce your qualified education expenses by all of the following tax-free benefits.

  • Tax-free part of scholarships and fellowships (see chapter 1).
  • Expenses used to figure the tax-free portion of distributions from a Coverdell ESA (see chapter 7).
  • Expenses used to figure the tax-free portion of distributions from a QTP (see chapter 8).
  • Any tax-free payments (other than gifts or inheritances) received as educational assistance, such as:
  • Veterans' educational assistance benefits (see chapter 1),
  • Qualified tuition reductions (see chapter 1), or
  • Employer-provided educational assistance (see chapter 11).
  • Any expenses used in figuring the Hope and lifetime learning credits (see chapters 2 and 3).
  • Eligible educational institution. Education savings bond program: Eligible educational institution Eligible educational institution: Education savings bond program

    An eligible educational institution is any college, university, vocational school, or other postsecondary educational institution eligible to participate in a student aid program administered by the Department of Education. It includes virtually all accredited public, nonprofit, and proprietary (privately owned profit-making) postsecondary institutions. The educational institution should be able to tell you if it is an eligible educational institution.

    Certain educational institutions located outside the United States also participate in the U.S. Department of Education's Federal Student Aid (FSA) programs.

    Dependent for whom you claim an exemption. Education savings bond program: Claiming dependent's exemption

    You claim an exemption for a person if you list his or her name and other required information on Form 1040 (or Form 1040A), line 6c.

    Modified adjusted gross income (MAGI). Education savings bond program: Modified adjusted gross income (MAGI) Modified adjusted gross income (MAGI): Education savings bond program

    For most taxpayers, MAGI is adjusted gross income (AGI) as figured on their federal income tax return without taking into account this interest exclusion.

    MAGI when using Form 1040A.

    If you file Form 1040A, MAGI is the AGI on line 22 of that form figured without taking into account any savings bond interest exclusion and modified by adding back any:

  • Exclusion for adoption benefits received under an employer's adoption assistance program,
  • Deduction for student loan interest, and
  • Deduction for tuition and fees.
  • 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 savings bond interest exclusion and modified by adding back any:

  • Foreign earned income exclusion,
  • Foreign housing exclusion,
  • Foreign housing deduction,
  • Exclusion of income for bona fide residents of American Samoa,
  • Exclusion of income from Puerto Rico,
  • Exclusion for adoption benefits received under an employer's adoption assistance program,
  • Deduction for student loan interest,
  • Deduction for tuition and fees, and
  • Deduction for domestic production activities.
  • Form 8815Use the worksheet in the instructions for Form 8815, line 9, to figure your MAGI. If you claim any of the exclusion or deduction items (1)–(6) listed above, add the amount of the exclusion or deduction to the amount on line 5 of the worksheet. Do not add in the deduction for (7) student loan interest, (8) tuition and fees, or (9) domestic production activities. Enter the total on Form 8815, line 9, as your modified AGI.

    Because the deduction for interest expenses attributable to royalties and other investments is limited to your net investment income, you cannot figure the deduction until you have figured this interest exclusion. Therefore, if you had interest expenses attributable 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 included in your modified AGI. See Royalties included in modified AGI under Education Savings Bond Program in chapter 1 of Publication 550.

    Education savings bond program: Modified adjusted gross income (MAGI) Modified adjusted gross income (MAGI): Education savings bond program
    Figuring the Tax-Free Amount

    Education savings bond program: Figuring tax-free amountIf the total you receive when you cash in the bonds is not more than the adjusted qualified education expenses for the year, all of the interest on the bonds may be tax free. However, if the total you receive when you cash in the bonds is more than the adjusted expenses, only part of the interest may be tax free.

    To determine the tax-free amount, multiply the interest part of the proceeds by a fraction. The numerator (top part) of the fraction is the adjusted qualified education expenses you paid during the year. The denominator (bottom part) of the fraction is the total proceeds you received during the year.

    Example.

    In February 2005, Mark and Joan Washington, a married couple, cashed a qualified series EE U.S. savings bond. They received proceeds of $9,000, representing principal of $6,000 and interest of $3,000. In 2005, they paid $7,650 of their daughter's college tuition. They are not claiming a Hope or lifetime learning credit for that amount, and their daughter does not have any tax-free educational assistance. Their MAGI for 2005 was $80,000.

    $3,000 interest × $7,650 expenses $9,000 proceeds = $2,550 tax-free interest

    They can exclude $2,550 of interest in 2005. They must pay tax on the remaining $450 ($3,000 − $2,550) interest.

    Effect of the Amount of Your Income on the Amount of Your Exclusion Education savings bond program: Income level, effect on amount of exclusion

    The amount of your interest exclusion is gradually reduced (phased out) if your modified adjusted gross income is between $61,200 and $76,200 (between $91,850 and $121,850 if your filing status is married filing jointly or qualifying widow(er)). You cannot exclude any of the interest if your modified adjusted gross income is equal to or more than the upper limit.

    The phaseout, if any, is figured for you when you fill out Form 8815. Education savings bond program: Phaseout Phaseout: Education savings bond program

    Claiming the Exclusion Education savings bond program: Claiming exclusion Form 8815 Reporting: Education savings bond program

    Use Form 8815 to figure your education savings bond interest exclusion. Enter your exclusion on line 3 of Schedule B (Form 1040), Interest and Ordinary Dividends, or Schedule 1 (Form 1040A), Interest and Ordinary Dividends for Form 1040A Filers. Attach Form 8815 to your tax return.

    Illustrated Example

    The information is the same as in the previous example for Mark and Joan Washington, except they have a modified adjusted gross income of $108,500. In this example, they can exclude $1,135 (line 14 of Form 8815 shown on the next page) of interest in 2005.

    They must pay tax on the remaining $1,865 interest ($3,000 total interest minus $1,135 excluded interest).

    Education savings bond program Form 8815: Filled-in example Form 8815 Exclusion of Interest From Series E.E. and I. U.S. Savings Bonds Issued After 1989 2005 Summary: This is an example of Form 8815 (2005) as pertains to the description in the text. The line items completed are: Name(s) shown on return field contains Mark & Joan Washington Your social security number field contains 000-00-4567 1a. Name of person (you, your spouse, or your dependent) who was enrolled at or attended an eligible educational institution field contains Anna Washington 1b. Name and address of eligible educational institution field contains Jamestown University Normal, Virginia 20100 2. Enter the total qualified higher education expenses you paid in 2005 for the person(s) listed in column (a) of line 1. See the instructions to find out which expenses qualify field contains 7,650 3. Enter the total of any nontaxable educational benefits (such as nontaxable scholarship or fellowship grants) received for 2005 for the person(s) listed in column (a) of line 1 (see instructions) field contains 0 4. Subtract line 3 from line 2. If zero or less, stop. You cannot take the exclusion field contains 7,650 5. Enter the total proceeds (principal and interest) from all series E.E. and I. U.S. savings bonds issued after 1989 that you cashed during 2005 field contains 9,000 6. Enter the interest included on line 5 (see instructions) field contains 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) field contains .850 8. Multiply line 6 by line 7 field contains 2550 9. Enter your modified adjusted gross income (see instructions) field contains 108,500 10. Enter: $61,200 if single or head of household; $91,850 if married filing jointly or qualifying widow(er) field contains91,850 11. Subtract line 10 from line 9. If zero or less, skip line 12, enter 0 on line 13, and go to line 14 field contains 16,650 12. Divide line 11 by: $15,000 if single or head of household; $30,000 if married filing jointly or qualifying widow(er). Enter the result as a decimal (rounded to at least three places) field contains .555 13. Multiply line 8 by line 12 field contains 1,415 14. Excludable savings bond interest. Subtract line 13 from line 8. Enter the result here and on Schedule B (Form 1040), line 3, or Schedule 1 (Form 1040A), line 3, whichever applies field contains 1,135

    Employer-Provided Educational Assistance Educational assistance, employer-provided Employer-provided educational assistance 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. This also means that you do not have to include the benefits on your income tax return.

    You cannot use any of the tax-free education expenses paid for by your employer as the basis for any other deduction or credit, including the Hope credit and the lifetime learning credit.

    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. For courses beginning on or after January 1, 2002, 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. Working condition fringe benefit

    Employer-provided educational assistanceHowever, 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. For more information on working condition fringe benefits, see Working Condition Benefits in chapter 2 of Publication 15-B, Employer's Tax Guide to Fringe Benefits.

    Business Deduction for Work-Related Education Deductions Business deduction for work-related education Work-related education Business deduction for work-related education Business deduction for work-related education What's New Standard mileage rate. Mileage deduction for work-related education Standard mileage rate: Work-related education

    Generally, if you claim a business deduction for work-related education and you drive your car to and from school, the amount you can deduct for miles driven from January 1, 2005, through August 31, 2005, is 40 cents a mile. You can deduct 48 cents a mile for miles driven from September 1, 2005, through December 31, 2005. This is up from 37 cents a mile in 2004. See Transportation Expenses under What Expenses Can Be Deducted, for more information.

    Limit on itemized deductions.

    If your adjusted gross income for 2005 is more than $145,950 ($72,975 if you are married filing separately), your itemized deductions may be limited. See Employees under Deducting Business Expenses, and the instructions for Schedule A (Form 1040), line 28.

    This chapter discusses work-related education expenses that you may be able to deduct as business expenses.

    To claim such a deduction, you must:

  • Be working,
  • Itemize your deductions on Schedule A (Form 1040) if you are an employee,
  • File Schedule C (Form 1040) or Schedule F (Form 1040) if you are self-employed, and
  • Have expenses for education that meet the requirements discussed under Qualifying Work-Related Education.
  • What is the tax benefit of taking a business deduction for work-related education. Business deduction for work-related education: Tax benefit of

    If you are an employee and able to 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 reduces 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 reduces 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.

    Also, keep in mind that your work-related education expenses may qualify you to claim more than one tax benefit. Generally, you may claim any number of benefits as long as you use different expenses to figure each one.

    When you figure your taxes, you may want to compare these tax benefits so you can choose the method(s) that give you the lowest tax liability. First, figure your taxes using the expenses as business deductions. Then, figure your taxes again using any of the other deductions and credits for which you qualify. You may find that a combination of credit(s) and deduction(s) gives you the lowest tax.

    Qualifying Work-Related Education

    Qualifying work-related educationYou 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.

    Use Figure 12-1 (see next page) as a quick check to see if your education qualifies.

    Education Required by Employer or by Law Business deduction for work-related education: Education required by employer or by law

    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, and
  • 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. See Education To Maintain or Improve Skills, on the next page.

    Example.

    You are a teacher who has satisfied the minimum requirements for teaching. Your employer requires you to take an additional college course each year to keep your teaching job. If the courses will not qualify you for a new trade or business, they are qualifying work-related education even if you eventually receive a master's degree and an increase in salary because of this extra education.

    Qualifying work-related education: Determining if qualified (Figure 12-1) Tables and figures: Work-related education, qualifying (Figure 12-1) Figure 12–1. Does Your Work-Related Education Qualify? Summary: This flowchart is used to determine if expenses incurred for work-related education qualify for deduction. Start This is the starting of the flowchart. Decision (1) Is the education required by your employer or the law to keep your present salary, status, or job? IF Yes Continue To Decision (2) IF No Continue To Decision (3) Decision (2) Does the requirement serve a bona fide business requirement of your employer? IF Yes Continue To Decision (4) IF No Continue To Decision (3) Decision (3) Does the education maintain or improve skills needed in your present work? IF Yes Continue To Decision (4) IF No Continue To Process (a) Decision (4) Is the education needed to meet the minimum educational requirements of your present trade or business? IF Yes Continue To Process (a) IF No Continue To Decision (5) Process (a) Your education is not qualifying work-related education. Continue To End Decision (5) Is the education part of a program of study that will qualify you for a new trade or business? IF Yes Continue To Process (a) IF No Continue To Process (b) Process (b) Your education is qualifying work-related education. Continue To End End This is the ending of the flowchart.

    Education To Maintain or Improve Skills Business deduction for work-related education: 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.

    Example.

    You repair televisions, radios, and stereo systems for XYZ Store. To keep up with the latest changes, you take special courses in radio and stereo service. These courses maintain and improve skills required in your work.

    Maintaining skills vs. qualifying for new job. Business deduction for work-related education: Maintaining skills vs. qualifying for new job

    Education to maintain or improve skills needed in your present work is not qualifying education if it will also qualify you for a new trade or business.

    Temporary absence. Business deduction for work-related education: Temporary absence to acquire education

    If you stop working for a year or less in order to get education to maintain or improve skills needed in your present work and then return to the same general type of work, your absence is considered temporary. Education that you get during a temporary absence is qualifying work-related education if it maintains or improves skills needed in your present work.

    Example.

    You quit your biology research job to become a full-time biology graduate student for one year. If you return to work in biology research after completing the courses, the education is related to your present work even if you do not go back to work with the same employer.

    Indefinite absence. Business deduction for work-related education: Indefinite absence

    If you stop work for more than a year, your absence from your job is considered indefinite. Education during an indefinite absence, even if it maintains or improves skills needed in the work from which you are absent, is considered to qualify you for a new trade or business. Therefore, it is not qualifying work-related education.

    Education To Meet Minimum Requirements Business deduction for work-related education: Education to meet minimum requirements

    Education you need to meet the minimum educational requirements for your present trade or business is not qualifying work-related education. The minimum educational requirements are determined by:

  • Laws and regulations,
  • Standards of your profession, trade, or business, and
  • Your employer.
  • Once you have met the minimum educational requirements that were in effect when you were hired, you do not have to meet any new minimum educational requirements. This means that if the minimum requirements change after you were hired, any education you need to meet the new requirements can be qualifying education.

    You have not necessarily met the minimum educational requirements of your trade or business simply because you are already doing the work.

    Example 1.

    You are a full-time engineering student. Although you have not received your degree or certification, you work part time as an engineer for a firm that will employ you as a full-time engineer after you finish college. Although your college engineering courses improve your skills in your present job, they are also needed to meet the minimum job requirements for a full-time engineer. The education is not qualifying work-related education.

    Example 2.

    You are an accountant and you have met the minimum educational requirements of your employer. Your employer later changes the minimum educational requirements and requires you to take college courses to keep your job. These additional courses can be qualifying work-related education because you have already satisfied the minimum requirements that were in effect when you were hired.

    Requirements for Teachers Business deduction for work-related education: Teachers Teachers

    States or school districts usually set the minimum educational requirements for teachers. The requirement is the college degree or the minimum number of college hours usually required of a person hired for that position.

    If there are no requirements, you will have met the minimum educational requirements when you become a faculty member. You generally will be considered a faculty member when one or more of the following occurs.

  • You have tenure.
  • Your years of service count toward obtaining tenure.
  • You have a vote in faculty decisions.
  • Your school makes contributions for you to a retirement plan other than social security or a similar program.
  • Example 1.

    The law in your state requires beginning secondary school teachers to have a bachelor's degree, including 10 professional education courses. In addition, to keep the job a teacher must complete a fifth year of training within 10 years from the date of hire. If the employing school certifies to the state Department of Education that qualified teachers cannot be found, the school can hire persons with only 3 years of college. However, to keep their jobs, these teachers must get a bachelor's degree and the required professional education courses within 3 years.

    Under these facts, the bachelor's degree, whether or not it includes the 10 professional education courses, is considered the minimum educational requirement for qualification as a teacher in your state.

    If you have all the required education except the fifth year, you have met the minimum educational requirements. The fifth year of training is qualifying work-related education unless it is part of a program of study that will qualify you for a new trade or business.

    Example 2.

    Assume the same facts as in Example 1 except that you have a bachelor's degree and only six professional education courses. The additional four education courses can be qualifying work-related education. Although you do not have all the required courses, you have already met the minimum educational requirements.

    Example 3.

    Assume the same facts as in Example 1 except that you are hired with only 3 years of college. The courses you take that lead to a bachelor's degree (including those in education) are not qualifying work-related education. They are needed to meet the minimum educational requirements for employment as a teacher.

    Example 4.

    You have a bachelor's degree and you work as a temporary instructor at a university. At the same time, you take graduate courses toward an advanced degree. The rules of the university state that you can become a faculty member only if you get a graduate degree. Also, you can keep your job as an instructor only as long as you show satisfactory progress toward getting this degree. You have not met the minimum educational requirements to qualify you as a faculty member. The graduate courses are not qualifying work-related education.

    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 educational requirements in all states. This is true even if you must get additional education to be certified in another state. Any additional education you need is qualifying work-related education. You have already met the minimum requirements for teaching. Teaching in another state is not a new trade or business.

    Example.

    You hold a permanent teaching certificate in State A and are employed as a teacher in that state for several years. You move to State B and are promptly hired as a teacher. You are required, however, to complete certain prescribed courses to get a permanent teaching certificate in State B. These additional courses are qualifying work-related education because the teaching position in State B involves the same general kind of work for which you were qualified in State A.

    Education That Qualifies You for a New Trade or Business Business deduction for work-related education: Education to qualify for new trade or business

    Education that is part of a program of study that will qualify you for a new trade or business is not qualifying work- related education. This is true even if you do not plan to enter that trade or business.

    If you are an employee, a change of duties that involves the same general kind of work is not a new trade or business.

    Example 1.

    You are an accountant. Your employer requires you to get a law degree at your own expense. You register at a law school for the regular curriculum that leads to a law degree. Even if you do not intend to become a lawyer, the education is not qualifying because the law degree will qualify you for a new trade or business.

    Example 2.

    You are a general practitioner of medicine. You take a 2-week course to review developments in several specialized fields of medicine. The course does not qualify you for a new profession. It is qualifying work- related education because it maintains or improves skills required in your present profession.

    Example 3.

    While working in the private practice of psychiatry, you enter a program to study and train at an accredited psychoanalytic institute. The program will lead to qualifying you to practice psychoanalysis. The psychoanalytic training does not qualify you for a new profession. It is qualifying work-related education because it maintains or improves skills required in your present profession.

    Bar or CPA Review Course Bar review course CPA review course

    Review courses to prepare for the bar examination or the certified public accountant (CPA) examination are not qualifying work-related education. They are part of a program of study that can qualify you for a new profession.

    Teaching and Related Duties Business deduction for work-related education: Teachers Teachers

    All teaching and related duties are considered the same general kind of work. A change in duties in any of the following ways is not considered a change to a new business.

  • Elementary school teacher to secondary school teacher.
  • Teacher of one subject, such as biology, to teacher of another subject, such as art.
  • Classroom teacher to guidance counselor.
  • Classroom teacher to school administrator.
  • Qualifying work-related education
    What Expenses Can Be Deducted Business deduction for work-related education: Deductible education expenses Qualified education expenses Qualified education expenses: Work-related education

    If your education meets the requirements described earlier under Qualifying Work-Related Education, you can generally deduct your education expenses as business expenses. If you are not self-employed, you can deduct business expenses only if you itemize your deductions.

    You cannot deduct expenses related to tax-exempt and excluded income.

    Deductible expenses.

    The following education expenses can be deducted.

  • Tuition, books, supplies, lab fees, and similar items.
  • Certain transportation and travel costs.
  • Other education expenses, such as costs of research and typing when writing a paper as part of an educational program.
  • Nondeductible expenses. Business deduction for work-related education: Nondeductible expenses

    You cannot deduct personal or capital expenses. For example, you cannot deduct the dollar value of vacation time or annual leave you take to attend classes. This amount is a personal expense.

    Unclaimed reimbursement. Unclaimed reimbursement: Work-related education

    If you do not claim reimbursement that you are entitled to receive from your employer, you cannot deduct the expenses that apply to the reimbursement.

    Example.

    Your employer agrees to pay your education expenses if you file a voucher showing your expenses. You do not file a voucher and you do not get reimbursed. Because you did not file a voucher, you cannot deduct the expenses on your tax return.

    Transportation Expenses Business deduction for work-related education: Transportation expenses Transportation expenses: Work-related education

    If your education qualifies, you can deduct local transportation costs of going directly from work to school. If you are regularly employed and go to school on a temporary basis, you can also deduct the costs of returning from school to home.

    Temporary basis. Temporary-basis student, transportation expenses of

    You go to school on a temporary basis if either of the following situations applies to you.

  • Your attendance at school is realistically expected to last 1 year or less and does indeed last for 1 year or less.
  • Initially, your attendance at school is realistically expected to last 1 year or less, but at a later date your attendance is reasonably expected to last more than 1 year. Your attendance is temporary up to the date you determine it will last more than 1 year.
  • If you are in either situation (1) or (2) above, your attendance is not temporary if facts and circumstances indicate otherwise.

    Attendance not on a temporary basis.

    You do not go to school on a temporary basis if any of the following situations apply to you.

  • Your attendance at school is realistically expected to last more than 1 year. It does not matter how long you actually attend.
  • Initially, your attendance at school is realistically expected to last 1 year or less, but at a later date your attendance is reasonably expected to last more than 1 year. Your attendance is not temporary after the date you determine it will last more than 1 year.
  • Deductible Transportation Expenses

    If you are regularly employed and go directly from home to school on a temporary basis, you can deduct the round-trip costs of transportation between your home and school. This is true regardless of the location of the school, the distance traveled, or whether you attend school on nonwork days.

    Transportation expenses include the actual costs of bus, subway, cab, or other fares, as well as the costs of using your car. Transportation expenses do not include amounts spent for travel, meals, or lodging while you are away from home overnight.

    Example 1.

    You regularly work in a nearby town, and go directly from work to home. You also attend school every work night for 3 months to take a course that improves your job skills. Since you are attending school on a temporary basis, you can deduct your daily round-trip transportation expenses in going between home and school. This is true regardless of the distance traveled.

    Example 2.

    Assume the same facts as in Example 1 except that on certain nights you go directly from work to school and then home. You can deduct your transportation expenses from your regular work site to school and then home.

    Example 3.

    Assume the same facts as in Example 1 except that you attend the school for 9 months on Saturdays, nonwork days. Since you are attending school on a temporary basis, you can deduct your round-trip transportation expenses in going between home and school.

    Example 4.

    Assume the same facts as in Example 1 except that you attend classes twice a week for 15 months. Since your attendance in school is not considered temporary, you cannot deduct your transportation expenses in going between home and school. If you go directly from work to school, you can deduct the one-way transportation expenses of going from work to school. If you go from work to home to school and return home, your transportation expenses cannot be more than if you had gone directly from work to school.

    Using your car.

    Business deduction for work-related education: Transportation expenses Transportation expenses: Work-related education Mileage deduction for work-related education Standard mileage rate: Work-related educationIf you use your car (whether you own or lease it) for transportation to school, you can deduct your actual expenses or use the standard mileage rate to figure the amount you can deduct. The standard mileage rate for miles driven from January 1, 2005, through August 31, 2005, is 40 cents a mile. The rate for miles driven from September 1, 2005, through December 31, 2005 is 48 cents a mile. Whichever method you use, you can also deduct parking fees and tolls. See Publication 463 for information on deducting your actual expenses of using a car.

    Travel Expenses Business deduction for work-related education: Travel expenses Travel expenses: Work-related education

    You can deduct expenses for travel, meals (see 50% limit on meals, later), and lodging if:

  • You travel overnight to obtain qualifying work-related education, and
  • The main purpose of the trip is to attend a work- related course or seminar.
  • Travel expenses for qualifying work-related education are treated the same as travel expenses for other employee business purposes. For more information, see Publication 463.

    You cannot deduct expenses for personal activities such as sightseeing, visiting, or entertaining.

    Mainly personal travel.

    If your travel away from home is mainly personal, you cannot deduct all of your expenses for travel, meals, and lodging. You can deduct only your expenses for lodging and 50% of your expenses for meals during the time you attend the qualified educational activities.

    Whether a trip's purpose is mainly personal or educational depends upon the facts and circumstances. An important factor is the comparison of time spent on personal activities with time spent on educational activities. If you spend more time on personal activities, the trip is considered mainly educational only if you can show a substantial nonpersonal reason for traveling to a particular location.

    Example 1.

    John works in Newark, New Jersey. He traveled to Chicago to take a deductible 1-week course at the request of his employer. His main reason for going to 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.

    Since the trip was mainly for business, John can deduct his round-trip airfare to Chicago. He cannot deduct his transportation expenses of going to Pleasantville. He can deduct only the meals (subject to the 50% limit) and lodging connected with his educational activities.

    Example 2.

    Sue works in Boston. She went to a university in Michigan to take a course for work. The course is qualifying work-related education.

    She took one course, which is one-fourth of a full course load of study. She spent the rest of the time on personal activities. Her reasons for taking the course in Michigan were all personal.

    Sue's trip is mainly personal because three-fourths of her time is considered personal time. She cannot deduct the cost of her round-trip train ticket to Michigan. She can deduct one-fourth of the meals (subject to the 50% limit) and lodging costs for the time she attended the university.

    Example 3.

    Dave works in Nashville and recently traveled to California to take a 2-week seminar. The seminar is qualifying work-related education.

    While there, he spent an extra 8 weeks on personal activities. The facts, including the extra 8-week stay, show that his main purpose was to take a vacation.

    Dave cannot deduct his round-trip airfare or his meals and lodging for the 8 weeks. He can deduct only his expenses for meals (subject to the 50% limit) and lodging for the 2 weeks he attended the seminar.

    Cruises and conventions. Conventions outside U.S. Cruises, educational Luxury water transportation

    Certain cruises and conventions offer seminars or courses as part of their itinerary. Even if the seminars or courses are work related, your deduction for travel may be limited. This applies to:

  • Travel by ocean liner, cruise ship, or other form of luxury water transportation, and
  • Conventions outside the North American area.
  • For a discussion of the limits on travel expense deductions that apply to cruises and conventions, see Luxury Water Travel and Conventions in Publication 463.

    50% limit on meals. Travel expenses: 50% limit on meals

    You can deduct only 50% of the cost of your meals while traveling away from home to obtain qualifying work-related education. You cannot have been reimbursed for the meals.

    Employees must use Form 2106 or Form 2106-EZ to apply the 50% limit. Form 2106 Form 2106-EZ

    Travel as Education Travel expenses: Not deductible as form of education

    You cannot deduct the cost of travel as a form of education even if it is directly related to your duties in your work or business.

    Example.

    You are a French language teacher. While on sabbatical leave granted for travel, you traveled through France to improve your knowledge of the French language. You chose your itinerary and most of your activities to improve your French language skills. You cannot deduct your travel expenses as education expenses. This is true even if you spent most of your time learning French by visiting French schools and families, attending movies or plays, and engaging in similar activities.

    Business deduction for work-related education: Travel expenses Travel expenses: Work-related education
    No Double Benefit Allowed Business deduction for work-related education: Double benefit not allowed Double benefit not allowed: Work-related education

    You cannot do any of the following.

  • Deduct work-related education expenses as business expenses if you deduct these expenses under any other provision of the law, for example, as a tuition and fees deduction.

  • Deduct work-related education expenses paid with tax-free scholarship, grant, or employer-provided educational assistance. See Adjustments to Qualifying Work-Related Education Expenses, next.
  • Adjustments to Qualifying Work-Related Education Expenses Business deduction for work-related education: Adjustments to qualifying work-related education expenses Qualified education expenses: Adjustments to: Work-related education

    If you pay qualifying work-related education expenses with certain tax-free funds, you cannot claim a deduction for those amounts. You must reduce the qualifying expenses by the amount of any tax-free educational assistance you received.

    Tax-free educational assistance. Business deduction for work-related education: Tax-free educational assistance Tax-free educational assistance: Work-related education

    This includes:

  • The tax-free part of scholarships and fellowships (see chapter 1),
  • Pell grants (see chapter 1),
  • Employer-provided educational assistance (see chapter 11),
  • Veterans' educational assistance (see chapter 1), and
  • Any other nontaxable (tax-free) payments (other than gifts or inheritances) received as educational assistance.
  • Amounts that do not reduce qualifying work-related education expenses.

    Do not reduce the qualifying work-related education expenses by amounts paid with funds the student receives as:

  • Payment for services, such as wages,
  • A loan,
  • A gift,
  • An inheritance, or
  • A withdrawal from the student's personal savings.
  • Also, do not reduce the qualifying work-related education expenses by any scholarship or fellowship reported as income on the student's return or any scholarship which, by its terms, cannot be applied to qualifying work-related education expenses.

    Business deduction for work-related education: Deductible education expenses Business deduction for work-related education: Qualified education expenses Qualified education expenses: Work-related education
    How To Treat Reimbursements Business deduction for work-related education: Reimbursements, treatment of Reimbursements: Work-related education

    How you treat reimbursements depends on the arrangement you have with your employer.

    There are two basic types of reimbursement arrangements—accountable plans and nonaccountable plans. You can tell the type of plan you are reimbursed under by the way the reimbursement is reported on your Form W-2.

    Note.

    The following rules about reimbursement arrangements also apply to expense allowances received from your employer.

    Accountable Plans Accountable plans Business deduction for work-related education: Accountable plans

    To be an accountable plan, your employer's reimbursement arrangement must require you to meet all three of the following rules.

  • Your expenses must have a business connection—that is, your expenses must be deductible under the rules for qualifying work-related education explained earlier.
  • You must adequately account to your employer for your expenses within a reasonable period of time.
  • You must return any reimbursement or allowance in excess of the expenses accounted for within a reasonable period of time.
  • If you are reimbursed under an accountable plan, your employer should not include any reimbursement in your income in box 1 of your Form W-2.

    If your employer included reimbursements in box 1 of your Form W-2 and you meet all three rules for accountable plans, ask your employer for a corrected Form W-2.

    Accountable plan rules not met.

    Even though you are reimbursed under an accountable plan, some of your expenses may not meet all three rules for accountable plans. Those expenses that fail to meet the three rules are treated as having been reimbursed under a nonaccountable plan (discussed later).

    Expenses equal reimbursement.

    Under an accountable plan, if your expenses equal your reimbursement, you do not complete Form 2106 or 2106-EZ. Because your expenses and reimbursements are equal, you do not have a deduction.

    Excess expenses. Business deduction for work-related education: Excess expenses, accountable plan Excess expenses, accountable plan

    If your expenses are more than your reimbursement, you can deduct your excess expenses. This is discussed later under Deducting Business Expenses.

    Allocating your reimbursements for meals. Business deduction for work-related education: Allocating meal reimbursements

    Because your excess meal expenses are subject to the 50% limit, you must figure them separately from your other expenses. If your employer paid you a single amount to cover both meals and other expenses, you must allocate the reimbursement so that you can figure your excess meal expenses separately. You make the allocation as follows.

  • Divide your meal expenses by your total expenses.
  • Multiply your total reimbursement by the result from (1). This is the allocated reimbursement for your meal expenses.
  • Subtract the amount figured in (2) from your total reimbursement. The difference is the allocated reimbursement for your other expenses of qualifying work-related education.
  • Example.

    Your employer paid you an expense allowance of $2,000 under an accountable plan. The allowance was to cover all of your expenses of traveling away from home to take a 2-week training course for work. There was no indication of how much of the reimbursement was for each type of expense. Your actual expenses equal $2,500 ($425 for meals + $700 lodging + $150 transportation expenses + $1,225 for books and tuition).

    Using the steps listed above, allocate the reimbursement between the $425 meal expenses and the $2,075 other expenses. 1.  $425 meal expenses  $2,500 total expenses = .17
    2. $2,000 (reimbursement) × .17  = $340 (allocated reimbursement for meal expenses)
    3. $2,000 (reimbursement) − $340 (meals)    = $1,660 (allocated reimbursement for other qualifying work-related education expenses)
    Your excess meal expenses are $85 ($425 − $340) and your excess other expenses are $415 ($2,075 − $1,660). After you apply the 50% limit to your meals, you have a deduction for work-related education expenses of $457.50 (($85 × 50%) + $415).

    Nonaccountable Plans Business deduction for work-related education: Nonaccountable plans Nonaccountable plans: Work-related education

    Your employer will combine the amount of any reimbursement or other expense allowance paid to you under a nonaccountable plan with your wages, salary, or other pay and report the total in box 1 of your Form W-2.

    You can deduct your expenses regardless of whether they are more than, less than, or equal to your reimbursement. This is discussed later under Deducting Business Expenses. An illustrated example of a nonaccountable plan, using Form 2106-EZ, is shown at the end of this chapter.

    Reimbursements for nondeductible expenses. Reimbursements: Nondeductible expenses

    Reimbursements you received for nondeductible expenses are treated as paid under a nonaccountable plan. You must include them in your income. For example, you must include in your income reimbursements your employer gave you for expenses of education that:

  • You need to meet the minimum educational requirements for your job, or
  • Is part of a program of study that can qualify you for a new trade or business.
  • For more information on accountable and nonaccountable plans, see Publication 463.

    Reimbursements: Work-related education
    Deducting Business Expenses Business deduction for work-related education: Deducting business expenses Reporting: Work-related education expenses

    Self-employed persons and employees report their business expenses differently.

    The following information explains what forms you must use to deduct the cost of your qualifying work-related education as a business expense.

    Self-Employed Persons Self-employed persons: Deducting work-related education expenses

    If you are self-employed, you must report the cost of your qualifying work-related education on the appropriate form used to report your business income and expenses (generally Schedule C, C-EZ, or F). If your educational expenses include expenses for a car or truck, travel, or meals, report those expenses the same way you report other business expenses for those items. See the instructions for the form you file for information on how to complete it.

    Employees Employees: Deducting work-related education expenses

    If you are an employee, you can deduct the cost of qualifying work-related education only if you:

  • Did not receive any reimbursement from your employer,
  • Were reimbursed under a nonaccountable plan (amount is included in box 1 of Form W-2), or
  • Received reimbursement under an accountable plan, but the amount received was less than your expenses.
  • If either (1) or (2) applies, you can deduct the total qualifying cost. If (3) applies, you can deduct only the qualifying costs that were more than your reimbursement.

    In order to deduct the cost of your qualifying work- related education as a business expense, include the amount with your deduction for any other employee business expenses on Schedule A (Form 1040), line 20. (Special rules for expenses of certain performing artists and fee-basis officials and for impairment-related work expenses are explained later.)

    This deduction is subject to the 2%-of-adjusted- gross-income limit that applies to most miscellaneous itemized deductions. A separate limit may apply to your itemized deductions if your adjusted gross income is more than $145,950 ($72,975 if you are married filing separately). See the instructions for Schedule A (Form 1040), line 28.

    Form 2106 or 2106-EZ. Form 2106 Form 2106-EZ

    To figure your deduction for employee business expenses, including qualifying work- related education, you generally must complete Form 2106 or 2106-EZ.

    Form not required.

    Do not complete either Form 2106 or 2106-EZ if:

  • All reimbursements, if there were any, are included in box 1 of your Form W-2, and
  • You are not claiming travel, transportation, meal, or entertainment expenses.
  • If you meet both of these requirements, enter the expenses directly on Schedule A (Form 1040), line 20. (Special rules for expenses of certain performing artists and fee-basis officials and for impairment-related work expenses are explained later.)

    Using Form 2106-EZ. Form 2106-EZ

    This form is shorter and easier to use than Form 2106. Generally, you can use this form if:

  • All reimbursements, if there were any, are included in box 1 of your Form W-2, and
  • You are using the standard mileage rate if you are claiming vehicle expenses.
  • If you do not meet both of these requirements, use Form 2106.

    Performing Artists and Fee-Basis Officials Fee-basis officials, work-related education deduction Performing artists, work-related education deduction

    If you are a qualified performing artist, or a state (or local) government official who is paid in whole or in part on a fee basis, you can deduct the cost of your qualifying work- related education as an adjustment to gross income rather than as an itemized deduction.

    Include the cost of your qualifying work-related education with any other employee business expenses on Form 1040, line 24. You do not have to itemize your deductions on Schedule A (Form 1040), and, therefore, the deduction is not subject to the 2%-of-adjusted-gross-income limit. You must complete Form 2106 or 2106-EZ to figure your deduction even if you meet the requirements described earlier under Form not required.

    For more information on qualified performing artists, see Publication 463.

    Impairment-Related Work Expenses Disabilities, persons with: Impairment-related work expenses Impairment-related work expenses: Work-related education deduction

    If you are disabled and have impairment-related work expenses that are necessary for you to be able to get qualifying work-related education, you can deduct these expenses on Schedule A (Form 1040), line 27. They are not subject to the 2%-of-adjusted-gross-income limit. To deduct these expenses, you must complete Form 2106 or 2106-EZ even if you meet the requirements described earlier under Form not required.

    For more information on impairment-related work expenses, see Publication 463.

    Business deduction for work-related education: Deducting business expenses Reporting: Work-related education expenses
    Recordkeeping Business deduction for work-related education: Recordkeeping requirements Recordkeeping requirements: Work-related education

    You must keep records as proof of any deduction claimed on your tax return. Generally, you should keep your records for 3 years from the date of filing the tax return and claiming the deduction.

    If you are an employee who is reimbursed for expenses and you give your records and documentation to your employer, you do not have to keep duplicate copies of this information. However, you should keep your records for a 3-year period if:

  • You claim deductions for expenses that are more than your reimbursement,
  • Your employer does not use adequate accounting procedures to verify expense accounts,
  • You are related to your employer, or
  • Your expenses are reimbursed under a nonaccountable plan.
  • Examples of records to keep.

    If any of the above cases apply to you, you must be able to prove that your expenses are deductible. You should keep adequate records or have sufficient evidence that will support your expenses. Estimates or approximations do not qualify as proof of an expense. Some examples of what can be used to help prove your expenses are:

  • Documents, such as transcripts, course descriptions, catalogs, etc., showing periods of enrollment in educational institutions, principal subjects studied, and descriptions of educational activity.
  • Canceled checks and receipts to verify amounts you spent for:
  • Tuition and books,
  • Meals and lodging while away from home overnight for educational purposes,
  • Travel and transportation, and
  • Other educational expenses.
  • Statements from your employer explaining whether the education was necessary for you to keep your job, salary, or status; how the education helped maintain or improve skills needed in your job; how much reimbursement you received; and the type of certificate and subjects taught, if you are a teacher.
  • Complete information about any scholarship or fellowship grants, including amounts you received during the year.
  • Business deduction for work-related education: Recordkeeping requirements Recordkeeping requirements: Work-related education

    Illustrated Example

    Victor Jones teaches math at a private high school in North Carolina. He was selected to attend a 3-week math seminar at a university in California. The seminar will improve his skills in his current job and is qualifying work-related education. He was reimbursed for his expenses under his employer's nonaccountable plan, so his reimbursement of $2,100 is included in the wages shown in box 1 of his Form W-2. Victor will file Form 1040.

    His actual expenses for the seminar are as follows: Lodging $1,050 Meals 526 Airfare 550 Taxi fares 50 Tuition and books 400 Total Expenses $2,576

    Victor files Form 2106-EZ with his tax return. He shows his expenses for the seminar in Part I of the form. He enters $1,650 ($1,050 + $550 + $50) on line 3 to account for his lodging, airfare, and taxi fares. He enters $400 on line 4 for his tuition and books. On the line for meals and entertainment expenses to the left of line 5, Victor enters $526 for meal expenses. He multiplies that amount by 50% and enters the result, $263, on line 5. On line 6, Victor totals the amounts from lines 3 through 5. He carries the total, $2,313, to Schedule A (Form 1040), line 20.

    Since he does not claim any vehicle expenses, Victor leaves Part II blank. His filled-in form is shown on the next page.

    Form 2106-EZ: Filled-in example Business deduction for work-related education Form 2106-EZ Unreimbursed Employee Business Expenses 2005 Summary: This is an example of Form 2106-EZ (2005) with items included as described in the text. Additionally, these line items are completed: Your name field contains Victor Jones Occupation in which you incurred expenses field contains Teaching Social security number field contains 123-00-4321

    How To Get Tax Help More information Tax help Free tax services Tax help Help Tax help Assistance Tax help Publications Tax help TTY/TDD information

    You can get help with unresolved tax issues, order free publications and forms, ask tax questions, and get information from the IRS in several ways. By selecting the method that is best for you, you will have quick and easy access to tax help.

    Contacting your Taxpayer Advocate. Taxpayer Advocate

    If you have attempted to deal with an IRS problem unsuccessfully, you should contact your Taxpayer Advocate.

    The Taxpayer Advocate independently represents your interests and concerns within the IRS by protecting your rights and resolving problems that have not been fixed through normal channels. While Taxpayer Advocates cannot change the tax law or make a technical tax decision, they can clear up problems that resulted from previous contacts and ensure that your case is given a complete and impartial review.

    To contact your Taxpayer Advocate:

  • Call the Taxpayer Advocate toll free at 1-877-777-4778.
  • Call, write, or fax the Taxpayer Advocate office in your area.
  • Call 1-800-829-4059 if you are a TTY/TDD user.
  • Visit www.irs.gov/advocate.
  • For more information, see Publication 1546, How To Get Help With Unresolved Tax Problems (now available in Chinese, Korean, Russian, and Vietnamese, in addition to English and Spanish).

    Free tax services.

    To find out what services are available, get Publication 910, IRS Guide to Free Tax Services. It contains a list of free tax publications and an index of tax topics. It also describes other free tax information services, including tax education and assistance programs and a list of TeleTax topics.

    Internet. You can access the IRS website 24 hours a day, 7 days a week, at www.irs.gov to:

  • E-file your return. Find out about commercial tax preparation and e-file services available free to eligible taxpayers.
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    CD-ROM for tax products. You can order Publication 1796, IRS Tax Products CD-ROM, and obtain:

  • A CD that is released twice so you have the latest products. The first release ships in late December and the final release ships in late February.
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    Appendices

    The following appendices include an illustrated example of how to use the Form 8863 when claiming both the Hope and lifetime learning (education) credits at the same time and a chart reflecting some of the major differences between the many tax benefits for education that are outlined in this publication.

  • Appendix A—An Illustrated Example of Education Credits including a filled-in Form 8863 showing how to claim both the Hope credit and lifetime learning credit for 2005.
  • Appendix B—A chart summarizing some of the differences between the education tax benefits discussed in this publication. It is intended only as a guide. Look in this publication for more complete information.
  • Appendix A. Illustrated Example of Education Credits Illustrated example of education credits (Appendix A)

    Dave and Valerie Jones are married and file a joint tax return. For 2005, they claim exemptions for their two dependent children on their tax return. Their modified adjusted gross income is $90,000. Their tax, before credits, is $9,956. Their son, Sean, will receive his bachelor's degree in psychology from the state college in May 2006. Their daughter, Corey, enrolled full-time at that same college in August 2004 to begin working on her bachelor's degree in physical education. In July 2005, Dave and Valerie paid $2,200 in tuition costs for each child for the Fall 2005 semester. In December 2005, they also paid $2,600 of tuition for each child for the Spring 2006 semester that begins in January.

    Dave and Valerie, their children, and the college meet all of the require-ments for the education credits. Because Sean is beyond the second (sophomore) year of his postsec- ondary education, his expenses do not qualify for the Hope credit. But, amounts paid for Sean's expenses in 2005 for academic periods beginning in 2005 and the first 3 months of 2006 qualify for the lifetime learning credit. Corey is in her first two (freshman and sophomore) years of postsecondary education and expenses paid for her in 2005, for academic periods beginning in 2005 and January 2006, qualify for the Hope credit.

    Dave and Valerie figure their tentative education credits for 2005, $2,460, as shown in the completed Form 8863. They cannot claim the full amount because their modified adjusted gross income is more than $87,000. They carry the amount from line 17 of Form 8863 to line 50 of Form 1040, and they attach the Form 8863 to their return.

    Form 8863: Filled-in examples Appendix A (Continued)--Form 8863 Education Credits (Hope and Lifetime Learning Credits) 2005 Summary: This is an example of Form 8863 (2005) as pertains to the description in the text. The line items completed are: Name(s) shown on return field contains Dave and Valerie Jones Your social security number field contains 987-00-6543 Under Part I: Hope Credit: 1a. Student's name (as shown on page 1 of your tax return: First name field contains Corey Last name field contains Jones 1b. Student's social security number (as shown on page 1 of your tax return) field contains 137-00-9642 1c. Qualified expenses (see instructions). Do not enter more than $2,000 for each student. field contains 2,000 1d. Enter the smaller of the amount in column (c) or $1,000 field contains 1,000 1e. Add column (c) and column (d) field contains 3,000 1f. Enter one-half of the amount in column (e) field contains 1,500 2. Tentative Hope credit. Add the amounts on line 1, column (f). If you are taking the lifetime learning credit for another student, go to Part II; otherwise, go to Part III field contains 1,500 Under Part II: Lifetime Learning Credit: 3a. Student's name (as shown on page 1 of your tax return) First name field contains Sean Last name field contains Jones 3b. Student's social security number (as shown on page 1 of your tax return) field contains 246-00-9731 3c. Qualified expenses (see instructions) field contains 4,800 4. Add the amounts on line 3, column (c), and enter the total field contains 4,800 5. Enter the smaller of line 4or $10,000 field contains 4,800 6. Tentative lifetime learning credit. Multiply line 5by 20% (.20) and go to Part III field contains 960 Under Part III: Allowable Education Credits: 7. Tentative education credits. Add lines 2 and 6 field contains 2,460 8. Enter: $107,000 if married filing jointly; $53,000 if single, head of household, or qualifying widow(er) field contains 107,000 9. Enter the amount from Form 1040, line 38, or Form 1040A, line 22 (Footnote: See Publication 970 for the amount to enter if you are filing Form 2555, 2555-EZ, or 4563 or you are excluding income from Puerto Rico) field contains 90,000 12. Subtract line 9 from line 8. If zero or less, stop; you cannot take any education credits field contains 17,000 11. Enter: $20,000 if married filing jointly; $10,000 if single, head of household, or qualifying widow(er) field contains 20,000 12. If line 10 is equal to or more than line 11, enter the amount from line 7 on line 13 and go to line 14. If line 10 is less than line 11, divide line 10 by line 11. Enter the result as a decimal (rounded to at least three places) field contains .850 13. Multiply line 7 by line 12 field contains 2,091 14. Enter the amount from Form 1040, line 46, or Form 1040A, line 28 field contains 9,956 15. Enter the total, if any, of your credits from Form 1040, lines 47 through 49, or Form 1040A, lines 29 and 30 field contains 0 16. Subtract line 15 from line 14. If zero or less, stop; you cannot take any education credits field contains 9,956 17. Education credits. Enter the smaller of line 13 or line 16 here and on Form 1040, line 50, or Form 1040A, line 31 field contains 2,091
    Tables and figures: Comparison of education tax benefits (Appendix B) Tables and figures: Summary chart of differences between education tax benefits (Appendix B) Appendix B.  <IMARK>Highlights of Tax Benefits for Education for Tax Year 2005This 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 Reductions Hope Credit Lifetime Learning Credit Student Loan Interest Deduction Tuition and Fees Deduction What is your benefit? Amounts received may not be taxable Credits can reduce amount of tax you must pay Can deduct interest paid Can deduct expenses What is the annual limit? None $1,500 credit per student $2,000 credit per family $2,500 deduction $4,000 deduction What expenses qualify besides tuition and required enrollment fees? Course-related expenses such as fees, books, supplies, and equipment None None Books Supplies Equipment Room & board Transportation Other necessary expenses None What education qualifies? Undergraduate & graduate K–12 1st 2 years of undergraduate (postsecondary) Undergraduate & graduate Courses to acquire or improve job skills Undergraduate & graduate Undergraduate & graduate What are some of the other conditions that apply? Must be in degree or vocational program Payment of tuition and required fees must be allowed under the grant Can be claimed for only 2 tax years Must be enrolled at least half-time in degree program No felony drug conviction(s) Must have been at least half-time student in degree program Cannot claim both deduction & education credit for same student in same year In what income range do benefits phase out? No phaseout $43,000 – $53,000 $87,000 – $107,000 for joint returns $50,000 – $65,000 $105,000 – $135,000 for joint returns $65,000 – $80,000 $130,000 – $160,000 for joint returns
    (Continued) 
    Appendix B.  <IMARK><ROM><ITL>(Continued)</ITL></ROM>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. Coverdell ESA * Qualified Tuition Program (QTP) * Educational Exception to Additional Tax on Early IRA Distributions * Education Savings Bond Program * Employer- Provided Educational Assistance * Business Deduction for Work-Related Education What is your benefit? Earnings not taxed Earnings not taxed No 10% additional tax on early distribution Interest not taxed Employer benefits not taxed Can deduct expenses What is the annual limit? $2,000 contribution per beneficiary None Amount of qualified education expenses Amount of qualified education expenses $5,250 exclusion Amount of qualifying work-related education expenses What expenses qualify besides tuition and required enrollment fees? Books Supplies Equipment Expenses for special needs services Payments to QTP Higher education:  Room & board if  at least half-time  student Elem/sec (K–12) education:  Tutoring  Room & board  Uniforms  Transportation  Computer  access  Supplementary  expenses Books Supplies Equipment Room & board if at least half-time student Expenses for special needs services Books Supplies Equipment Room & board if at least half-time student Expenses for special needs services Payments to Coverdell ESA Payments to QTP Books Supplies Equipment Transportation Travel Other necessary expenses What education qualifies? Undergraduate & graduate K–12 Undergraduate & graduate Undergraduate & graduate Undergraduate & graduate Undergraduate & graduate Required by employer or law to keep present job, salary, status Maintain or improve job skills What are some of the other conditions that apply? Assets must be distributed at age 30 unless special needs beneficiary Applies only to qualified series EE bonds issued after 1989 or series I bonds Cannot be to meet minimum educational requirements of present trade/business Cannot qualify you for new trade/business In what income range do benefits phase out? $95,000 – $110,000 $190,000 – $220,000 for joint returns No phaseout No phaseout $61,200 – $76,200 $91,850 – $121,850 for joint returns No phaseout May be subject to limit on itemized deductions
    * Any nontaxable distribution is limited to the amount that does not exceed qualified education expenses.

    Tables and figures: Summary chart of differences between education tax benefits (Appendix B) Tables and figures: Comparison of education tax benefits (Appendix B)
    Glossary Glossary

    The education benefits included in this publication were enacted over many years, leading to a number of common terms being defined differently from one benefit to the next. For example, an eligible educational institution means one thing when determining if earnings from a Coverdell education savings account are not taxable and something else when determining if a scholarship or fellowship is not taxable.

    For each term listed below that has more than one definition, the definition for each education benefit is listed.

    Academic period:

    A semester, trimester, quarter, or other period of study (such as a summer school session) as reasonably determined by an educational institution. If an educational institution uses credit hours or clock hours and does not have academic terms, each payment period can be treated as an academic period.

    Adjusted qualified education expenses (AQEE):

    Qualified education expenses (defined later) reduced by any tax-free educational assistance, such as a tax-free scholarship or employer-provided educational assistance. They must also be reduced by any qualified education expenses deducted elsewhere on your return, used to determine an education credit or other benefit, or used to determine a tax-free distribution. For information on a specific benefit, see the appropriate chapter in this publication.

    Candidate for a degree:

    A student who meets either of the following requirements.

  • Attends a primary or secondary school or pursues a degree at a college or university, or
  • Attends an accredited educational institution that is authorized to provide:
  • A program that is acceptable for full credit toward a bachelor's or higher degree, or
  • A program of training to prepare students for gainful employment in a recognized occupation.
  • Designated beneficiary:

    The individual named in the document creating the account/plan who is to receive the benefit of the funds in the account/plan.

    Eligible educational institution:

    Coverdell education savings account (ESA). Any college, university, vocational school, or other postsecondary educational institution eligible to participate in a student aid program administered by the Department of Education. It includes virtually all accredited public, nonprofit, and proprietary (privately owned profit-making) postsecondary institutions. Also included is any public, private, or religious school that provides elementary or secondary education (kindergarten through grade 12), as determined under state law. Education savings bond program. Any college, university, vocational school, or other postsecondary educational institution eligible to participate in a student aid program administered by the Department of Education. It includes virtually all accredited public, nonprofit, and proprietary (privately owned profit-making) postsecondary institutions. Hope credit. See Education savings bond program in this category. IRA, early distributions from. See Education savings bond program in this category. Lifetime learning credit. See Education savings bond program in this category. Qualified tuition program (QTP). See Education savings bond program in this category. Scholarships and fellowships. An institution that maintains a regular faculty and curriculum and normally has a regularly enrolled body of students in attendance at the place where it carries on its educational activities. Student loan, cancellation of. See Scholarships and fellowships in this category.
    Student loan interest deduction. Any college, university, vocational school, or other postsecondary educational institution eligible to participate in a student aid program administered by the Department of Education. It includes virtually all accredited public, nonprofit, and proprietary (privately owned profit-making) postsecondary institutions. Also included is an institution that conducts an internship or residency program leading to a degree or certificate from an institution of higher education, a hospital, or a health care facility that offers postgraduate training. Tuition and fees deduction. See Education savings bond program in this category.

    Eligible student:

    Hope credit. A student who meets all of the following requirements for the tax year for which the credit is being determined. 1. Did not have expenses that were used to figure a Hope credit in any 2 earlier tax years. 2. Had not completed the first 2 years of postsecondary education. 3. For at least one academic period beginning in the tax year, was enrolled at least half-time in a program leading to a degree, certificate, or other recognized educational credential. 4. Was free of any federal or state felony conviction for possessing or distributing a controlled substance as of the end of the tax year. Lifetime learning credit. A student who is enrolled in one or more courses at an eligible educational institution. Student loan interest deduction. A student who was enrolled at least half-time in a program leading to a postsecondary degree, certificate, or other recognized educational credential.
    Tuition and fees deduction. A student who has either a high school diploma or a General Educational Development (GED) credential, and who is enrolled in one or more courses at an eligible educational institution.

    Half-time student:

    A student who is enrolled for at least half the full-time academic work load for the course of study the student is pursuing, as determined under the standards of the school where the student is enrolled.

    Modified adjusted gross income (MAGI):

    Coverdell education savings account (ESA). Adjusted gross income (AGI) as figured on the federal income tax return, modified by adding back any: 1. Foreign earned income exclusion, 2. Foreign housing exclusion, 3. Exclusion of income for bona fide residents of American Samoa, and 4. Exclusion of income from Puerto Rico. Education savings bond program. Adjusted gross income (AGI) as figured on the federal income tax return without taking into account any savings bond interest exclusion and modified by adding back any: 1. Foreign earned income exclusion, 2. Foreign housing exclusion, 3. Foreign housing deduction, 4. Exclusion of income for bona fide residents of American Samoa, 5. Exclusion of income from Puerto Rico, 6. Exclusion for adoption benefits received under an employer's adoption assistance program, 7. Deduction for student loan interest, and 8. Deduction for tuition and fees. Hope credit. See Coverdell education savings account (ESA) in this section. Lifetime learning credit. See Coverdell education savings account (ESA) in this section.
    Student loan interest deduction. Adjusted gross income (AGI) as figured on the federal income tax return without taking into account any student loan interest deduction or tuition and fees deduction, modified by adding back any: 1. Foreign earned income exclusion, 2. Foreign housing exclusion, 3. Foreign housing deduction, 4. Exclusion of income for bona fide residents of American Samoa, and 5. Exclusion of income from Puerto Rico. Tuition and fees deduction. Adjusted gross income (AGI) as figured on the federal income tax return without taking into account any tuition and fees deduction, modified by adding back any: 1. Foreign earned income exclusion, 2. Foreign housing exclusion, 3. Foreign housing deduction, 4. Exclusion of income for bona fide residents of American Samoa, and 5. Exclusion of income from Puerto Rico.

    Phaseout:

    The amount of credit or deduction allowed is reduced when modified adjusted gross income (MAGI) is within a certain range of incomes.

    Qualified education expenses:

    See pertinent chapter for specific items.

    Coverdell education savings account (ESA). Expenses related to or required for enrollment or attendance of the designated beneficiary at an eligible elementary, secondary, or postsecondary school. Also includes contribution to qualified tuition program (QTP). Education savings bond program. Tuition and fees required to enroll at or attend an eligible educational institution. Also includes contributions to a qualified tuition program (QTP) or
    Coverdell education savings account (ESA). Does not include expenses for room and board. Does not include expenses for courses involving sports, games, or hobbies that are not part of a degree or certificate granting program. Hope credit. Tuition and certain related expenses required for enrollment or attendance at an eligible educational institution. Student-activity fees and expenses for course-related books, supplies, and equipment are included only if the fees and expenses must be paid to the institution as a condition of enrollment or attendance. Does not include expenses for room and board. Does not include expenses for courses involving sports, games, or hobbies (including noncredit courses) that are not part of the student's postsecondary degree program. IRA, early distributions from. 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. Also includes expenses for special needs services incurred by or for special needs students in connection with their enrollment or attendance. Lifetime learning credit. Same as for Hope credit, except that courses may be taken either as part of a postsecondary degree program or 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. Scholarships and fellowships. Expenses for tuition and fees required to enroll at or attend an eligible educational institution, and course-related expenses, such as fees, books, supplies, and equipment that are required for the courses at the eligible educational institution. Course- related items must be required of all students in the course of instruction. Student loan interest deduction. Total costs of attending an eligible educational institution, including graduate school (however, limitations may apply to the cost of room and board allowed). Tuition and fees deduction. See Hope credit in this category.

    Recapture:

    To include as income on your return an amount allowed as a credit or deduction in a prior year.

    Rollover:

    A tax-free distribution to you of cash or other assets from a tax-favored plan that you contribute to another tax-favored plan.

    Transfer:

    A movement of funds in a tax-favored plan from one trustee directly to another, either at your request or at the trustee's request.

    Glossary
    Tax Publications for Individual Taxpayers  <IMARK><ROM>See <ITL>How To Get Tax Help</ITL> for a variety of ways to get publications, including by computer, phone, and mail.</ROM>

    General Guides 1 Your Rights as a Taxpayer 17 Your Federal Income Tax (For Individuals) 334 Tax Guide for Small Business (For Individuals Who Use Schedule C or C-EZ 509 Tax Calendars for 2006 553 Highlights of 2005 Tax Changes 910 Guide to Free Tax Services Specialized Publication 3 Armed Forces' Tax Guide 54 Tax Guide for United States Citizens and Residents Aliens Abroa 225 Farmer's Tax Guide 463 Travel, Entertainment, Gift, and Car Expenses 501 Exemptions, Standard Deduction, and Filing Information 502 Medical and Dental Expenses 503 Child and Dependent Care Expenses 504 Divorced or Separated Individuals 505 Tax Withholding and Estimated Tax 508 Tax Benefits for Work-Related Education 514 Foreign Tax Credit for Individuals 516 United States Government Civilian Employees Stationed Abroad 517 Social Security and Other Information for Members of the Clergy and Religious Workers 519 United States Tax Guide for Aliens 520 Scholarships and Fellowships 521 Moving Expenses 523 Selling Your Home 524 Credit for the Elderly or the Disabled 525 Taxable and Nontaxable Income 526 Charitable Contributions 527 Residential Rental Property 529 Miscellaneous Deductions 530 Tax Information for First-Time Homeowners 531 Reporting Tip Income 534 Depreciating Property Placed in Service Before 1987 536 Net Operating Losses for Individuals, Estates, and Trusts 537 Installment Sales 541 Partnerships 544 Sales and Other Dispositions of Assets 547 Casualties, Disasters, and Thefts 550 Investment Income and Expenses 551 Basis of Assets 552 Recordkeeping for Individuals 554 Older Americans' Tax Guide 555 Community Property 556 Examination of Returns, Appeal Rights, and Claims for Refund 559 Survivors, Executors, and Administrators 561 Determining the Value of Donated Property 564 Mutual Fund Distributions 570 Tax Guide for Individuals With Income From United States Possessions 571 Tax-Sheltered Annuity Plans (403(b) Plans) 575 Pension and Annuity Income 584 Casualty, Disaster, and Theft Loss Workbook (Personal-Use Property) 587 Business Use of Your Home (Including Use by Day-care Providers) 590 Individual Retirement Arrangements 593 Tax Highlights for United States Citizens and Residents Going Abroad 594 The Internal Revenue Service Collection Process 596 Earned Income Credit 721 Tax Guide to United States Civil Service Retirement Benefits 901 United States Tax Treaties 907 Tax Highlights for Persons with Disabilities 908 Bankruptcy Tax Guide 915 Social Security and Equivalent Railroad Retirement Benefits 919 How Do I Adjust My Tax Withholding? 925 Passive Activity and At-Risk Rules 926 Household Employer's Tax Guide 929 Tax Rules for Children and Dependents 936 Home Mortgage Interest Deduction 946 How To Depreciate Property 947 Practice Before the Internal Revenue Service and Power of Attorney 950 Introduction to Estate and Gift Taxes 967 Internal Revenue Service Will Figure Your Tax 969 Medical Savings Accounts 970 Tax Benefits for Education 971 Innocent Spouse Relief 972 Child Tax Credit (For Individuals Sent Here From the Form 1040 or 1040A Instructions) 1542 Per Diem Rates 1544 Reporting Cash Payments of Over $10,000 1546 The Taxpayer Advocate Service of the Internal Revenue Service Spanish Language Publications 1SP Derechos del Contribuyente 579SP Cómo Preparar la Declaración de Impuesto Federal 594SP Qué es lo que Debemos Saber sobre el Proceso de Cobro del IRS 596SP Crédito por Ingreso del Trabajo 850 English-Spanish Glossary of Words and Phrases Used in Publications Issued by the Internal Revenue Service 1544SP Informe de Pagos en Efectivo en Exceso de $10,000 (Recibidos en una Ocupación o Negocio)

    Commonly Used Tax Forms  <IMARK><ROM>See <ITL>How To Get Tax Help</ITL> for a variety of ways to get forms, including by computer, phone, and mail.</ROM>

    Form Number and Form Title 1040 United States Individual Income Tax Return  Schedule A & B  Itemized Deductions & Interest and Ordinary  Dividends  Schedule C  Profit or Loss From Business  Schedule C-EZ  Net Profit From Business  Schedule D  Capital Gains and Losses  Schedule D-1  Continuation Sheet for Schedule D  Schedule E  Supplemental Income and Loss  Schedule EIC  Earned Income Credit  Schedule F  Profit or Loss From Farming  Schedule H  Household Employment Taxes  Schedule J  Income Averaging For Farmers and Fishermen  Schedule R  Credit for the Elderly or the Disabled  Schedule SE  Self-Employment Tax 1040A United States Individual Income Tax Return  Schedule 1  Interest and Ordinary Dividends for Form 1040A  Filers  Schedule 2  Child and Dependent Care Expenses for Form  1040A Filers  Schedule 3  Credit for the Elderly or the Disabled for Form 1040A  Filers 1040EZ Income Tax Return for Single and Joint Filers With No Dependents 1040-ES Estimated Tax for Individuals Form Number and Form Title 1040X Amended United States Individual Income Tax Return 2106 Employee Business Expenses 2106-EZ Unreimbursed Employee Business Expenses 2210 Underpayment of Estimated Tax by Individuals, Estates, and Trusts 2441 Child and Dependent Care Expenses 2848 Power of Attorney and Declaration of Representative 3903 Moving Expenses 4562 Depreciation and Amortization 4868 Application for Automatic Extension of Time To File United States Individual Income Tax Return 4952 Investment Interest Expense Deduction 5329 Additional Taxes on Qualified Plans (including Individual Retirement Arrangements) and Other Tax-Favored Accounts 6251 Alternative Minimum Tax--Individuals 8283 Non-cash Charitable Contributions 8582 Passive Activity Loss Limitations 8606 Nondeductible Individual Retirement Arrangements 8812 Additional Child Tax Credit 8822 Change of Address 8829 Expenses for Business Use of Your Home 8863 Education Credits 9465 Installment Agreement Request

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