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    American Opportunity Credit refund portion

    The way the pub reads a 21 year old full time student who completely supports herself can not get the refundable portion of the credit unless both her parents are deceased and she is filing married joint return. Just doesn't make since.

    #2
    Originally posted by Bucky View Post
    The way the pub reads a 21 year old full time student who completely supports herself can not get the refundable portion of the credit unless both her parents are deceased and she is filing married joint return. Just doesn't make since.
    Not sure which publication you are referring to, but the requirements are essentially the same as the Kiddie Tax rules
    You do not qualify for a refund if items 1 (a, b, or c), 2, and 3 below apply to you.
    1. You were:
      1. Under age 18 at the end of 2010, or
      2. Age 18 at the end of 2010 and your earned income (defined below) was less than one-half of your support (defined below), or
      3. A full-time student over age 18 and under age 24 at the end of 2010 and your earned income (defined below) was less than one-half of your support (defined below).
    2. At least one of your parents was alive at the end of 2010.
    3. You are filing a return as single, head of household, qualifying widow(er), or married filing separately for 2010.

    Thus a taxpayer over the age of 17 who provided more than half of their own support from earned income is entitled to the refundable portion of the credit. I think a 17-year-old or younger would need to have both parents deceased or be filing jointly.
    Last edited by dtlee; 02-06-2012, 01:08 PM.
    Doug

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      #3
      We are reading the same info but the way I read it a person under 24 even if they earn over half their support must have both parent deceased to qualify. What am I reading incorrectly?

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        #4
        Never mind. brain fart. I get it now.

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