Education credit for son claimed on parents return ?

[nwtaxlady]

Parents have a 28 year old son that has always and still lives with them. He does NOT work. He does not qualify for disability SS but is not all there. He just started going to the community college in 2014. Parent's have always claimed him since he does not work and still lives at home and still supporting him. So my question is, Can the parents claim the AOC credit for him since he is over age 23? They paid for all his education expenses as well. All his support comes from his parents.

Parents claim son as a dependent. CAN THE PARENTS ALSO CLAIM THE AOC EDUCATION CREDIT?

Thanks!

[sandigi]

Age limit?

Parents have a 28 year old son that has always and still lives with them. He does NOT work. He does not qualify for disability SS but is not all there. He just started going to the community college in 2014. Parent's have always claimed him since he does not work and still lives at home and still supporting him. So my question is, Can the parents claim the AOC credit for him since he is over age 23? They paid for all his education expenses as well. All his support comes from his parents.

Parents claim son as a dependent. CAN THE PARENTS ALSO CLAIM THE AOC EDUCATION CREDIT?

Thanks!

Where are you finding an age limit (23) on taking an AO credit for a dependent?

[nwtaxlady]

That is my question!

That is my question, I haven't seen an age limit. So in my scenario, I believe they can claim their 28 yr old son and his AOC education credit. I was just having second thoughts, since he wasn't your normal under age 23 college student...Lol My brain is soooo loaded right now!

[FEDUKE404]

No age issue

The AOC apparently does not have an age limit.

The greatest hurdle I would see for your scenario is related to the "half the normal full-time workload" requirement. (Apparently the dependent has no prior college education experience that would also disallow AOC.)

If all else fails. . .from the IRS Publication 570:

Student qualifications.

Generally, you can claim the American opportunity credit for a student only if all of the following four requirements are met.

As of the beginning of 2014, the student had not completed the first 4 years of postsecondary education (generally, the freshman through senior years of college), as determined by the eligible educational institution. For this purpose, do not include academic credit awarded solely because of the student's performance on proficiency examinations.

Neither the American opportunity credit nor the Hope scholarship credit has been claimed by you or anyone else (see below) for this student for any 4 tax years before 2014. If the American opportunity credit (and Hope scholarship credit) has been claimed for this student for any 3 or fewer tax years before 2014, this requirement is met.

For at least one academic period beginning (or treated as beginning) in 2014, the student both:

Was enrolled in a program that leads to a degree, certificate, or other recognized educational credential; and

Carried at least one-half the normal full-time workload 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 U.S. Department of Education under the Higher Education Act of 1965.

For 2014, treat an academic period beginning in the first 3 months of 2015 as if it began in 2014 if qualified education expenses for the student were paid in 2014 for that academic period. See Prepaid expenses, later.

As of the end of 2014, the student had not been convicted of a federal or state felony for possessing or distributing a controlled substance.

FE

[nwtaxlady]

Thanks.... and yes,

The AOC apparently does not have an age limit.

The greatest hurdle I would see for your scenario is related to the "half the normal full-time workload" requirement. (Apparently the dependent has no prior college education experience that would also disallow AOC.)

If all else fails. . .from the IRS Publication 570:

Student qualifications.

Generally, you can claim the American opportunity credit for a student only if all of the following four requirements are met.

As of the beginning of 2014, the student had not completed the first 4 years of postsecondary education (generally, the freshman through senior years of college), as determined by the eligible educational institution. For this purpose, do not include academic credit awarded solely because of the student's performance on proficiency examinations.

Neither the American opportunity credit nor the Hope scholarship credit has been claimed by you or anyone else (see below) for this student for any 4 tax years before 2014. If the American opportunity credit (and Hope scholarship credit) has been claimed for this student for any 3 or fewer tax years before 2014, this requirement is met.

For at least one academic period beginning (or treated as beginning) in 2014, the student both:

Was enrolled in a program that leads to a degree, certificate, or other recognized educational credential; and

Carried at least one-half the normal full-time workload 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 U.S. Department of Education under the Higher Education Act of 1965.

For 2014, treat an academic period beginning in the first 3 months of 2015 as if it began in 2014 if qualified education expenses for the student were paid in 2014 for that academic period. See Prepaid expenses, later.

As of the end of 2014, the student had not been convicted of a federal or state felony for possessing or distributing a controlled substance.

FE

Yes, he did carry at least one-half the normal full-time work load .

Thanks again for replying!