One more refundable AOC Question

[JG EA]

I'm soooo not able to trust what I'm reading after my last big error.

Can a parent take the refundable part of this credit???? The child of the parent is 30 something, is supported by the parent, is in the 1st 4 years, and makes less than the exemption amount, etc.

[Koss]

Refundable Credit

Although you did not say so explicitly, it sounds like you have reached the conclusion that the student is a dependent of the parent, under the rules for a qualifying relative.

If that is the case, then the answer to your question is yes. If the student is not a dependent of the parent, then the parent can't take any education credit all.

The education credits make no distinction between qualifying child and qualifying relative. The rule is the parent gets the credit if the student is the parent's dependent. It doesn't matter which "flavor" of dependent it is.

BMK

[JG EA]

Thanks for your help. I needed that.

[Burke]

Here is another situation: the child is a dependent of the mother (who is the custodial parent.) Child is 19. Father paying for college, but college expenses are not very large, goes to community college. Who gets the tuition & books ded? Nobody? Child jumped the gun and filed, claiming self, which we have to correct. Waiting for copy of return.

[MilTaxEA]

Whoever claims the child as a dependent can claim the expenses, even if the expenses were paid by a third party. Pub 970:

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.