Tuition and AOC

[JenMO]

Student is 23, wanting to claim the AOC for himself for the last time. he has graduated and supports himself. I'm having a hard time deciding if he can claim for himself. He is under 24, his income is more that half of his support, but both parents are living, he is not MFJ. I believe he qualifies for the credit to reduce his tax liab, but not refundable. is this correct? can anyone explain the parent thing, and the MFJ reasons?

[kathyc2]

Student is 23, wanting to claim the AOC for himself for the last time. he has graduated and supports himself. I'm having a hard time deciding if he can claim for himself. He is under 24, his income is more that half of his support, but both parents are living, he is not MFJ. I believe he qualifies for the credit to reduce his tax liab, but not refundable. is this correct? can anyone explain the parent thing, and the MFJ reasons?

If he earned over 1/2 of his support he would be able to claim including the refundable portion. This of course is only true if the 4 years has not already been used up by his parents.

[JenMO]

only 3 years have parents claim. what is the deal about the living parents and MFJ?

[kathyc2]

only 3 years have parents claim. what is the deal about the living parents and MFJ?

See TTB 12-3 where the refundable portion is not allowed. 1, 2, and 3 all need to be met for it not to be refundable. 1 is not met because he provided over 1/2 of his own support, so 2 and 3 become moot.

[JenMO]

thanks, been hard for me to sort thru that reading.