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#5
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| removeps-groups[at]yahoo.com wrote: - quote - > On Dec 23, 12:26 pm, "sfcnm-...[at]yahoo.com" <nam...[at]gmail.com> wrote:
written you start with the total amount of qualified expenses.> > > In pub 970 (page 50) I read > > > "A Hope or lifetime learning credit (education credit) can be > > > claimed in the same year the beneficiary takes a tax-free > > > distribution from a QTP, as long as the same expenses are not used for > > > both benefits. This means that after the beneficiary > > > reduces qualified education expenses by tax-free > > > educational assistance, he or she must further reduce > > > them by the expenses taken into account in determining > > > the credit." > > > If tuition is 100% paid from 529, is a person eligible to claim any of > > > the education credits? > > The Pub is quite clear. You can't obtain a tax benefit unless you paid > > the qualified educational expenses with funds other than those that > > are tax-free. If the 529 distribution is a qualified distribution and > > therefore tax-fee, then you can not use any of the expenses paid with > > the distribution for another benefit. > So can you pay say 100% minus $1000 dollars from the QTP, and $1000 > from your pocket, and claim the credit? The QTP and cash are used to > pay different expenses -- namely different portions of the tuition. > Or maybe I'm pushing the envelope too far here. Or maybe you can use > the QTP to pay 100% of the tuition, and your hard-earned cash to pay > for student fees and books required as a condition of enrollment, and > then claim the credit for the fees and books. You're not pushing the envelope. The way the law & rulings were You subtract the amount paid with tax-free scholarships, grants, etc. You subtract the amount of qualified expenses used to obtain the credit. The result is the adjusted expenses. Using the amount of the QTP distribution that represented earnings, you could then compute the taxable part of the QTP distribution. Pub 970 has an example of this. Don't overlook the fact that qualified expenses for a QTP are defined differently then qualified expenses for the credit. QTPs include reasonable room and board. -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#4
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| On Dec 23, 12:26 pm, "sfcnm-...[at]yahoo.com" <nam...[at]gmail.com> wrote: - quote - > > In pub 970 (page 50) I read
So can you pay say 100% minus $1000 dollars from the QTP, and $1000> > "A Hope or lifetime learning credit (education credit) can be > > claimed in the same year the beneficiary takes a tax-free > > distribution from a QTP, as long as the same expenses are not used for > > both benefits. This means that after the beneficiary > > reduces qualified education expenses by tax-free > > educational assistance, he or she must further reduce > > them by the expenses taken into account in determining > > the credit." > > If tuition is 100% paid from 529, is a person eligible to claim any of > > the education credits? > The Pub is quite clear. You can't obtain a tax benefit unless you paid > the qualified educational expenses with funds other than those that > are tax-free. If the 529 distribution is a qualified distribution and > therefore tax-fee, then you can not use any of the expenses paid with > the distribution for another benefit. from your pocket, and claim the credit? The QTP and cash are used to pay different expenses -- namely different portions of the tuition. Or maybe I'm pushing the envelope too far here. Or maybe you can use the QTP to pay 100% of the tuition, and your hard-earned cash to pay for student fees and books required as a condition of enrollment, and then claim the credit for the fees and books. -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#3
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| On Dec 23, 3:26*pm, "sfcnm-...[at]yahoo.com" <nam...[at]gmail.com> wrote: - quote - > On Dec 23, 12:19*pm, jIM <noreplysoc...[at]hotmail.com> wrote:
The example (Sarah Clarke) on page 50 of Pub 970 shows where the> > Does a withdraw (distribution) from a 529 plan reduce the eligibility > > of the Hope or Lifetime learning credit? > > In pub 970 (page 50) I read > > "A Hope or lifetime learning credit (education credit) can be > > claimed in the same year the beneficiary takes a tax-free > > distribution from a QTP, as long as the same expenses are not used for > > both benefits. This means that after the beneficiary > > reduces qualified education expenses by tax-free > > educational assistance, he or she must further reduce > > them by the expenses taken into account in determining > > the credit." > > If tuition is 100% paid from 529, is a person eligible to claim any of > > the education credits? > The Pub is quite clear. You can't obtain a tax benefit unless you paid > the qualified educational expenses with funds other than those that > are tax-free. If the 529 distribution is a qualified distribution and > therefore tax-fee, then you can not use any of the expenses paid with > the distribution for another benefit. parents claim a Hope Credit of $2200, creating additional income of $714 for their dependent daughter. It is apparent that they are better off taking the credit--the catch is having an AGI low enough to qualify for the Hope Credit (the Lifetime Learning Credit would not be as advantageous). Many people just take the tax-free distribution when they should be looking at the possibility of claiming a credit and having their child declare the income. -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#2
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| On Dec 23, 3:26*pm, "sfcnm-...[at]yahoo.com" <nam...[at]gmail.com> wrote: - quote - > On Dec 23, 12:19*pm, jIM <noreplysoc...[at]hotmail.com> wrote:
This is my interpretation.> > Does a withdraw (distribution) from a 529 plan reduce the eligibility > > of the Hope or Lifetime learning credit? > > In pub 970 (page 50) I read > > "A Hope or lifetime learning credit (education credit) can be > > claimed in the same year the beneficiary takes a tax-free > > distribution from a QTP, as long as the same expenses are not used for > > both benefits. This means that after the beneficiary > > reduces qualified education expenses by tax-free > > educational assistance, he or she must further reduce > > them by the expenses taken into account in determining > > the credit." > > If tuition is 100% paid from 529, is a person eligible to claim any of > > the education credits? > The Pub is quite clear. You can't obtain a tax benefit unless you paid > the qualified educational expenses with funds other than those that > are tax-free. If the 529 distribution is a qualified distribution and > therefore tax-fee, then you can not use any of the expenses paid with > the distribution for another benefit. Others are telling me that the contribution was taxed, therefore the 529 withdraw is partly a contribution, and that portion of the distribution qualifies for the credits. I cannot find a definitive answer. Appreciate both responses thus far, thx. -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#1
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| On Dec 23, 12:19*pm, jIM <noreplysoc...[at]hotmail.com> wrote: - quote - > Does a withdraw (distribution) from a 529 plan reduce the eligibility
The Pub is quite clear. You can't obtain a tax benefit unless you paid> of the Hope or Lifetime learning credit? > In pub 970 (page 50) I read > "A Hope or lifetime learning credit (education credit) can be > claimed in the same year the beneficiary takes a tax-free > distribution from a QTP, as long as the same expenses are not used for > both benefits. This means that after the beneficiary > reduces qualified education expenses by tax-free > educational assistance, he or she must further reduce > them by the expenses taken into account in determining > the credit." > If tuition is 100% paid from 529, is a person eligible to claim any of > the education credits? the qualified educational expenses with funds other than those that are tax-free. If the 529 distribution is a qualified distribution and therefore tax-fee, then you can not use any of the expenses paid with the distribution for another benefit. -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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| - quote - > If tuition is 100% paid from 529, is a person eligible to claim any of
Usually no, as you get the benefit of a tax-free distribution if it> the education credits? was used for qualified expenses. However, I recall recommending that a client take the credit and declare the distribution as income but it wasn't a straightforward process--the original contributions and earnings are used to calculate the taxable amount--I'm sure it's in Pub 970. -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#-1
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| Does a withdraw (distribution) from a 529 plan reduce the eligibility of the Hope or Lifetime learning credit? In pub 970 (page 50) I read "A Hope or lifetime learning credit (education credit) can be claimed in the same year the beneficiary takes a tax-free distribution from a QTP, as long as the same expenses are not used for both benefits. This means that after the beneficiary reduces qualified education expenses by tax-free educational assistance, he or she must further reduce them by the expenses taken into account in determining the credit." If tuition is 100% paid from 529, is a person eligible to claim any of the education credits? -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
| Tags |
| 970, credits, education, interpreting, pub |
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