Can this return be efiled?

[tonia2021]

I have a client that is divorced and has custody of two children. She already got her W2, but is waiting for a 1098T from the college that her son attended. Unfortunately with the HOPE credit, she is one of the returns that won't be able to be efiled until February. Correct?

The problem is her exhusband. He efiles his own return the minute he gets his W2 and takes a deduction for one of the kids (which his isn't entitled to).

If I wait and efile the woman's return, she won't be able to efile because her husband would have been first and the son's SS number would have already been included on a return.

Can her return be efile right now showing the W2 income only. Then, send in a paper amended return when the 1098T comes?

I heard somethings both ways already regarding filing a return that you know isn't complete and preparer penalties. What do you think?

[BOB W]

I have a client that is divorced and has custody of two children. She already got her W2, but is waiting for a 1098T from the college that her son attended. Unfortunately with the HOPE credit, she is one of the returns that won't be able to be efiled until February. Correct?

The problem is her exhusband. He efiles his own return the minute he gets his W2 and takes a deduction for one of the kids (which his isn't entitled to).

If I wait and efile the woman's return, she won't be able to efile because her husband would have been first and the son's SS number would have already been included on a return.

Can her return be efile right now showing the W2 income only. Then, send in a paper amended return when the 1098T comes?

I heard somethings both ways already regarding filing a return that you know isn't complete and preparer penalties. What do you think?

Right or wrong, I would protect my client if I know for sure she is entitled to the children. I would file ASAP to protect the exemption and file an amended later. She and you would have to extra work later anyway if she waits for all info to be ready.

[ChEAr$]

Since it is an Income Tax Return,

and not an income and deductions and credits return, you're safe in
filing ASAP, then amending later.

[Lion]

1098t

Does she really have to wait for a 1098T from her son's college? Can't she look at her check register to see the tuition she paid? And, know any scholarships or other nontaxable awards that would reduce her deduction? Usually you have to get the real info from the client as many colleges are sloppy with the form; a transcript of payments from the burser's office is probably more helpful. Her son can go online and print her out a copy right this minute. File her return now; she probably needs tuition for second semester!

[BP.]

Does she really have to wait for a 1098T from her son's college? Can't she look at her check register to see the tuition she paid? And, know any scholarships or other nontaxable awards that would reduce her deduction? Usually you have to get the real info from the client as many colleges are sloppy with the form; a transcript of payments from the burser's office is probably more helpful. Her son can go online and print her out a copy right this minute. File her return now; she probably needs tuition for second semester!

That would be the way to go any other year. The 1098T isn't required to file. But, this year the 8863 is one of those forms affected by the recent AMT legislation, and cannot be filed until 11 Feb. I think that's the reason for the original question, and that's why Bob & Harlan suggested filing now without claiming the credits.

"Returns that include the following forms should not be filed until Feb. 11, 2008:

Form 8863, Education Credits.
Form 5695, Residential Energy Credits.
Schedule 2, Form 1040A, Child and Dependent Care Expenses for Form 1040A Filers.
Form 8396, Mortgage Interest Credit.
Form 8859, District of Columbia First-Time Homebuyer Credit."