No one doubts the importance of education—for ourselves, our children, and our grandchildren—but obtaining it can be pricey. According to U.S. News data, the average cost of tuition and fees for one year in a public university (in‐state) for 2022–2023 is $10,423 and for a private college is $39,723. The cost of tuition and fees has risen by 134% since 2002. And don't forget other costs, such as room and board, books and supplies, etc. Fortunately, the tax law provides many incentives to help you save for education and to pay for it on a tax‐advantaged basis. There has also been relief with respect to student loan repayments and other measures related to education costs.
This chapter explains the tax deductions, credits, and other breaks you can claim with respect to education costs. For more information, see IRS Publication 970, Tax Benefits for Education.
If you want to apply for federal financial aid for yourself or your child, you must complete the Free Application for Federal Student Aid (FAFSA). The information on the application is based on your federal income tax return. The U.S. Department of Education made certain changes designed to ease the application process.
The deadline for submission is October 1 each year. In addition, the information on the application can be based on the prior‐prior year's information (two years prior), instead of the prior year's information. This allows tax information from the prior‐prior year to be readily available.
You can retrieve your tax return information from the IRS electronically through Fafsa.ed.gov if you e‐filed your tax return. While this option has been available for a while, the new submission deadline makes it easier for you as well as more students and their parents to use the option.
Companies want an educated workforce. Some are willing to underwrite the cost of additional education for their employees. The tax law not only allows companies to deduct the costs they pay on behalf of workers for higher education, but also workers can enjoy this fringe benefit tax free up to a set dollar amount each year. Education assistance includes payments toward employees' education loans.
If your employer pays or reimburses you for the cost of higher education, you are not taxed on payments up to $5,250 annually. If the courses are job‐related, there is no dollar limit to the exclusion from income for this employer‐paid fringe benefit. This fringe benefit is not subject to Social Security and Medicare (FICA) taxes.
If you work for an educational institution and receive tuition reductions, such benefit may be excludable (see Conditions, next).
If your employer pays your student loan debt directly or reimburses you for it, you aren't taxed on up to $5,250 per year.
Different conditions apply to employer‐paid education under an education assistance plan and tuition reduction if you work for a college or university.
Employer‐paid education must be furnished under an employer's education assistance plan that does not discriminate in favor of owners or highly paid employees.
The courses need not be job‐related to qualify for the limited exclusion of $5,250 annually. For example, if you are currently a programmer and your employer pays for accounting courses, you can still exclude the benefit.
There is no dollar limit on the amount you can exclude from income if you meet the following 3 conditions:
For example, if you are a programmer who takes more programming courses, the value of this benefit is fully excludable.
If you work for an educational institution, you are not taxed on tuition reductions for you, your spouse, and your dependents (as well as widows or widowers of deceased or former employees) if:
If you are eligible for tuition reduction, the benefit is not limited to courses taken at the school in which you work. You can exclude from your income the value of courses you take at any school covered by a tuition reduction agreement (area colleges and universities typically have reciprocal class agreements).
Your employer's payment of up to $5,250 annually toward your student loan debt obtained to pay tuition and other expenses that would be tax free if the employer had originally paid them (as explained earlier) is not taxable. The payment may be made by the employer directly to the lender or as a reimbursement to you for your payments. Such student loan assistance can be done annually. This tax break is scheduled to expire at the end of 2025 unless Congress extends it.
If you are seeking a job and plan to pursue college or graduate courses while working or have student loan debt to repay, look for a company with an educational assistance plan. The value of this benefit can be substantial to you if you use it fully and should be factored into the salary being offered for the position.
Generally, you must attain a certain course grade for your employer to pay for the education. Make sure you understand what you must do to obtain reimbursement or have your course fully paid by your employer.
You cannot use any benefit received under an employer's plan as the basis for claiming a second tax benefit. For example, if your employer pays $2,000 for a course you take, you cannot claim an education credit for this amount.
Or if your employer pays for a student loan, you cannot deduct interest paid on that loan (explained later in this chapter).
If employer‐provided education assistance is excludable from income, it is not reported on your return. You may find the amount of employer‐paid education benefits reported on your Form W‐2 for information purposes only; it is not added to your compensation.
According to some estimates there are about 1.7 million scholarships available each year. This money is available through government programs, nonprofit organizations, and corporations that support education. Grants are made on the basis of need, scholastics, or special talents (such as athletics or music). The tax law enables you to receive this money on a tax‐free basis under certain circumstances.
If you are enrolled in a degree program at a school and receive a scholarship, fellowship, or grant, you can exclude the portion of the grant for tuition, course‐related fees, books, supplies, and equipment. There is no dollar limit on this exclusion.
If you receive a Fulbright award, it is fully taxable (unless you can claim the foreign earned income exclusion explained in Chapter 13).
For tax‐free treatment to apply, the grant must be for study in a degree program. A degree program includes:
For education planning purposes, obtaining a scholarship, fellowship, or grant is the best way to finance learning. The award doesn't cost you anything and doesn't have to be repaid. Explore carefully any grants to which you, a spouse, or a dependent may be entitled.
Stipends and non‐tuition fellowship payments for graduate and postdoctoral students, which are not treated as taxable compensation, can be treated as such for purposes of making IRA contributions.
Scholarship amounts for room, board, and incidental expenses are taxable.
If you are a graduate student who receives payment (a stipend) for teaching, doing research, or providing other services as a condition of the grant, you are taxed on the payment. Such amount is reported on Form W‐2 and is subject to income tax withholding.
Generally, no exclusion can be claimed if receipt of a federal grant is conditioned on your performing services in the future. For example, if you receive a scholarship that requires you to teach for at least 3 years as a condition of the grant, you cannot exclude this grant from your income.
If the grant is excludable from income, you do not have to report it on your return.
If the grant is partially taxable (for example, you are not a degree candidate and so are taxed on the portion of the grant for housing), you report this as other income on Schedule 1 of Form 1040 or 1040‐SR. If you are a graduate student receiving a stipend for services, such amounts are reported as wages directly on Form 1040 or 1040‐SR.
The tax law allows you to claim a limited tax credit, called the American opportunity credit, when you pay for higher education. The credit applies whether you pay out‐of‐pocket from savings or borrow the money. You may claim the credit each year you qualify for it.
If you meet certain conditions and do not claim the lifetime learning credit discussed later, you can claim the American opportunity credit for higher education costs of up to $2,500 per student (100% of the first $2,000 of costs, plus 25% of the next $2,000 of costs). Thus, for example, if you have twins who are freshmen in college, you can qualify for a credit of up to $5,000.
In 2022, 40% of the credit is refundable in most situations (it can be repaid to you even though it is more than your tax liability).
To claim the American opportunity credit, you must meet all 5 of these conditions:
The credit applies for only the first 4 years of college or other postsecondary school. Thus, if a student takes 5 or more years to earn a college degree, the American opportunity credit applies only for study during the first 4 years of higher education.
The credit may be claimed for you, your spouse, or your dependent for whom you claim an exemption on your return. The student must be enrolled for at least one academic period (a semester, trimester, or quarter) during the year.
No credit may be claimed if the student has a federal or state felony drug conviction on his or her record.
Only payments to an eligible institution entitle you to claim the credit. This includes any accredited public, nonprofit, or proprietary postsecondary institution eligible to participate in the student aid programs administered by the U.S. Department of Education. Thus, enrollment in a foreign educational institution probably will not entitle you to claim this tax credit. Ask your school if it is eligible, or check www.studentaid.ed.gov.
Enrollment must lead to a degree, certificate, or other recognized educational credential.
Qualified expenses include only tuition, related fees, and books, supplies, and required equipment. Related fees can include, for example, a student activity fee paid to the institution if it is required for all students and no portion of it covers personal expenses. Hobby or sports courses and noncredit courses do not qualify for the credit unless they are part of the student's degree program.
The following costs do not qualify for the credit:
The cost of a computer may qualify for the credit if it is needed for attendance at the school. Otherwise, it is viewed as a personal expense for which the credit cannot be taken.
As a practical matter, the institution furnishes the student with an information return showing qualified tuition and related expenses paid for the year. The return, Form 1098‐T, Tuition Payments Statement, for 2022 is issued by January 31, 2023, and usually you need to have received the form in order to claim the credit.
If you prepay expenses for an academic period that begins within the first 3 months of 2023, you can include this amount when figuring your 2022 credit. You cannot choose to take the credit for the prepayment in 2023.
The ability to claim the credit depends on your modified adjusted gross income (MAGI). MAGI for this purpose is adjusted gross income increased by the foreign earned income exclusion and other foreign items.
If your MAGI is below a phaseout range, then the full credit can be claimed; a partial credit is allowed for those with MAGI within the range. No credit can be claimed if MAGI exceeds the range. Table 3.1 shows the phaseout ranges for 2022.
You can claim the credit even though eligible expenses are paid with the proceeds of a loan. You can also claim the credit if eligible expenses are paid by someone other than you, your spouse, or your dependent, such as the student's grandparent. The payment is treated as having been made by the student, and as your dependent (even though no dependency exemption is deductible in 2022), this entitles you to claim the credit if you are otherwise eligible to do so.
As the parent, if you pay the expenses but your MAGI is too high to permit you to claim the credit, you can waive your right to do so. This will allow your child to claim the credit on his or her own return (assuming the child has tax liability and can benefit from the credit). Your child can claim the credit even though you pay the expenses.
The credit must be coordinated with other education tax benefits you may be qualified to use. You can claim the credit in the same year in which you receive distributions from a Coverdell education savings account (ESA) or 529 plan. However, the expenses on which you base the credit cannot be the same expenses used to figure the tax‐free portion of the distributions.
If you claim a credit and in a later year (after you have filed the return and claimed the credit) receive a refund of an amount that was used to figure the credit, you must recapture some or all of the credit. This means you must repay some or all of the credit. You treat the recaptured amount as additional tax liability for the year of recapture. Do not amend the return on which the credit was claimed.
You cannot claim the credit for expenses that are paid by tax‐free scholarships, fellowships, grants, veterans' educational assistance, or employer‐provided educational assistance.
The American opportunity credit is figured on Form 8863, Education Credits. The refundable portion of the credit is then entered on line 29 of Form 1040 or 1040‐SR. The nonrefundable portion of the credit is entered on Schedule 3 of Form 1040 or 1040‐SR.
The tax law allows you to claim a limited tax credit, called the lifetime learning credit, when you pay for higher education and do not claim the American opportunity credit. The credit applies whether you pay out‐of‐pocket from savings or borrow the money. You may claim the credit each year you qualify for it.
If certain conditions are met, you can claim a credit of up to $2,000 on your return for the payment of qualified higher education costs for you, your spouse, or your dependent. In contrast to the American opportunity credit, which is a per student credit, the lifetime learning credit is per taxpayer. So if you have 3 children in college, your lifetime learning credit for the year is limited to $2,000 (assuming you qualify to claim it).
Unlike the American opportunity credit, which applies only for the first 4 years of higher education, the lifetime learning credit can be claimed for any higher education, including graduate‐level courses.
Most of the conditions for the lifetime learning credit are the same as those for the American opportunity credit detailed earlier, unless otherwise noted here. Thus, the same planning tips and pitfalls also apply.
The ability to claim the lifetime learning credit depends on your modified adjusted gross income (MAGI). The limits for this credit are the same as the limit applicable to the American opportunity credit. If your MAGI is below a phaseout range, then the full credit can be claimed; a partial credit is allowed for those with MAGI within the phaseout range. No credit can be claimed if your MAGI exceeds the range. Table 3.1 earlier in this chapter shows the phaseout ranges.
There is no ban on claiming the lifetime learning credit for a student who has a felony drug conviction on his or her record, as there was for claiming the American opportunity credit.
Unlike the American opportunity credit, which can be claimed only for courses leading to a degree, the lifetime learning credit can be claimed for one or more courses at an eligible educational institution that are part of a postsecondary degree program or part of a nondegree program taken to acquire or improve job skills. In other words, the student does not need to be pursuing a degree or other recognized educational credential.
There is no limit on the number of years for which the lifetime learning credit may be claimed.
Since the lifetime learning credit cannot be claimed for a student for whom an American opportunity credit is claimed, decide which credit produces the greater tax savings. Usually, this is the American opportunity credit because there is a higher credit limit ($2,500 versus a $2,000 limit for the lifetime learning credit). However, once a student is beyond 4 years of college, then there is no choice; only the lifetime learning credit can be claimed.
The same pitfalls applicable to the American opportunity credit apply to the lifetime learning credit. Thus, you must receive Form 1098‐T before claiming the credit.
The lifetime learning credit is figured on Form 8863, Education Credits. The credit is then entered on Schedule 3 of Form 1040 or 1040‐SR.
Americans are always trying to better themselves. If you are self‐employed, you may be eligible to deduct your education costs. In the past, employees, such as teachers taking courses toward an advanced degree or a data processor learning the latest technology, could deduct education costs as a miscellaneous itemized deduction. However, no miscellaneous itemized deduction for employees is permissible for 2018 through 2025. If you are self‐employed (e.g., you are a web designer and take a course on a new technology), you may be able to deduct the cost as a business expense.
If you pay for education related to your current line of work, you may be able to deduct your expenses.
If you qualify for the deduction by meeting all of the conditions, you claim the deduction as a business expense if you are self‐employed. There is no dollar limit on this deduction.
To deduct education expenses, you must meet all 5 of these conditions:
You cannot deduct the cost of courses taken before you start to work.
Working for only a short period of time before beginning an MBA program may not establish you in a trade or business. For example, the Tax Court denied a deduction for the costs of an MBA to an individual who graduated from college in 2007 and started the MBA program in 2009 after holding only short‐term positions, none of which required or even related to an MBA.
You must meet the minimum work requirements based on a review of your employer's standards, the laws and the regulations of your state and the standards of your profession or business.
If work requirements change after you start your trade or business, any courses you take to meet the new standards are deductible.
General education courses are not deductible. The courses must be designed to keep you up to date and qualified.
Courses that give you a specialty within your current line of work are deductible.
If the courses enable you to follow a new line of work, they are not deductible.
If you qualify for the deduction, it is not limited to the cost of tuition and fees as is the case with many other types of education tax breaks. The deduction applies not only to the cost of courses but also to:
Monitor developments in Congress to see whether the itemized deduction for employee education costs is restored.
When taking continuing education courses or seminars for your work as a self‐employed individual, be sure to retain proof of attendance and the costs involved.
As a self‐employed person, you deduct the expenses directly as a business expense on Schedule C of Form 1040 or 1040‐SR.
Millions of students must borrow money to pay for their education. Repayment of student loans runs between 5 and 30 years. Fortunately, the tax law allows interest on student loans to be deductible each year within limits.
If you pay interest on student loans, you may be able to deduct up to $2,500 of interest as an adjustment to gross income (if your actual interest payment is more than $2,500, your deduction is limited to that amount). There is no limit on the number of years you can claim this deduction; as long as you continue to pay off the loan, you can deduct your interest if eligible to do so.
If the loan is canceled, you may qualify for tax‐free treatment on the debt forgiveness (explained later in this chapter).
If your employer pays your student loan (interest and principal) up to $5,250 under an educational assistance plan, you are not taxed on this benefit (explained earlier in this chapter).
There are a couple of conditions for claiming a deduction for student loan interest as an adjustment to gross income. You must meet both:
To be treated as a student loan for which interest is deductible, the loan must have been taken out solely to pay qualified education expenses. Qualified education expenses relate to a qualified educational institution (virtually all accredited public, nonpublic, and proprietary postsecondary institutions are eligible educational institutions). Qualified education expenses include:
You cannot deduct interest on a loan from a related person or made under a qualified employer plan. Related persons include:
The loan must be for you, your spouse, or your dependent (in the year you take out the loan). The loan must be taken for an eligible student, who is enrolled at least half‐time in a degree program.
You must be legally obligated to make payments on the loan. For example, if your child took out the loan and you are now helping her make the payments, you cannot deduct the interest because you are not the borrower (you are not legally responsible for the loan). However, your child can deduct the interest even if you make the payments (as long as your child is not your dependent).
If the loan is a revolving line of credit (e.g., credit card debt), interest qualifies as student loan interest only if funds on the line are used solely to pay qualified education expenses.
You can claim the full deduction if your modified adjusted gross income is below the phaseout range. A partial deduction is permitted if your MAGI is within the phaseout range. No deduction can be claimed if your MAGI exceeds the phaseout range, which is adjusted annually for inflation. Table 3.2 shows the 2022 phaseout ranges for claiming the student interest deduction.
If a student has taken the loan and parent, grandparent, or anyone else pays the debt, the student is treated as having made the payment and can take the student loan interest deduction (as long as the student is not a dependent and has MAGI below the threshold amount). In some instances, the cancellation of student loans can be tax free (usually the cancellation of a debt is taxable). This is explained later in this chapter.
If you employer reimburses you for student loan debt under an educational assistance plan (explained earlier in this chapter), this is a tax‐free fringe benefit. But you may not deduct the interest that is part of the repayment.
Repayment of student loans under federal loan programs was paused at least through December 31, 2022. A 0% interest rate was applied during this suspension.
You cannot claim a double benefit for the same interest deduction. For example, if you take out a home equity loan to pay your child's college expenses, you cannot claim a student interest deduction if you deduct the mortgage interest as an itemized deduction. It is, of course, more favorable to treat the interest as student loan interest to the extent possible.
If your employer helps to pay your student loan debt and this does not fall under an educational assistance plan, this is taxable compensation to you.
If you have your federal student loan repayments paused, you may not deduct the interest that hasn't yet been paid.
The deduction is claimed on Schedule 1 of Form 1040 or 1040‐SR. No special form or schedule is required.
The first savings bonds, series A, were issued in 1935 at 75% of face value in denominations of $25 to $1,000, paying 2.9% accrued interest, and were sold through the U.S. Post Office. Since then savings bonds have become a permanent investment vehicle. Today, savings bonds can be purchased only online through TreasuryDirect.gov. Sales of savings bonds have dropped dramatically since the Treasury eliminated over‐the‐counter sales at banks, and interest rates on these savings bonds in recent years were very modest. Nonetheless, if you happen to be holding these bonds and decide to cash them in to pay for higher education costs, you may be eligible to receive the interest tax free.
If you redeem U.S. savings bonds to pay for qualified higher education costs or to contribute to a 529 plan or Coverdell education savings account, you are not taxed on the interest as long as your modified adjusted gross income (MAGI) is below a set amount. There is no dollar limit to this benefit; if you qualify you can exclude from income all of the interest received on the redemption of the bonds.
Assuming you have not been reporting interest on the savings bonds annually but deferring it, you can claim the exclusion if you meet all 4 of these conditions:
The exclusion applies only to series EE bonds issued after 1989 or series I bonds. You cannot claim the exclusion when redeeming older EE bonds or E bonds.
You must be the purchaser of the bond and hold it in your name or the joint name of you and your spouse. You must have been at least 24 years old when you purchased the bonds.
No exclusion can be claimed for interest on bonds held in the child's name or in the joint name of you and your child.
If you are married, you must file jointly to claim the exclusion.
To claim a full or partial exclusion you cannot have modified adjusted gross income (MAGI) over a fixed dollar limit (which is adjusted annually for inflation). MAGI for this purpose means AGI increased by the redeemed interest, the deduction for student loan interest, foreign earned income exclusion and other foreign items, and the exclusion for employer‐paid adoption.
Table 3.3 shows the phaseout range for 2022. If your MAGI is below the start of the phaseout range, you can claim a full exclusion. If your MAGI is over the phaseout range, no exclusion can be claimed, even if all of the other conditions are met. If your MAGI is within the phaseout range, you can claim a partial exclusion.
The proceeds must be used only for a qualified purpose:
TABLE 3.3 2022 Phaseout Ranges for Savings Bond Interest Exclusion
Filing Status* | MAGI |
---|---|
Unmarried (single) and head of household | $85,800–100,800 |
Married filing jointly and surviving widow(er) | $128,650–158,650 |
* No exclusion can be claimed if you're married and file separately.
If the proceeds from the redemption exceed the amount used for a qualified purpose, you can exclude a portion of the interest based on the ratio of expenses (or funding) to the redemption amount.
If you are holding EE or I savings bonds and want to know how much they are worth today, you can check their redemption values at www.savingsbonds.gov.
The U.S. Treasury has changed the way in which interest on Series EE bonds is computed. Rather than adjusting the interest semiannually, these bonds now pay a fixed rate until redemption or maturity. As a result, Series I bonds may be a better option because their interest rate still adjusts semiannually for inflation.
You can purchase I bonds via a direct deposit of your tax refund into a TreasuryDirect account used for this purpose. Just provide the IRS with the account information, and your refund will be transferred directly to your account. Bonds can be purchased only in multiples of $50; there is a $5,000 limit on purchases using a tax refund. This opportunity only applies to a refund claimed on an original return; you can't buy bonds with a refund from an amended return.
Interest on savings bonds is never subject to state income tax (such interest is always exempt).
You cannot use this exclusion to pay college expenses for your grandchild unless the grandchild is your dependent in the year in which the bonds are redeemed.
You cannot claim the exclusion if you are married and file a separate return from your spouse.
If you claim the exclusion, you must complete Form 8815, Exclusion of Interest from Series EE and I Bonds Issued after 1989, and attach it to your return.
Is the high cost of a prep school or college in your child, niece or nephew, or grandchild's future? If you decide to help save for this expense, consider doing so using a tax‐advantaged savings account, called a Coverdell education savings account (ESA), designed for this purpose.
You may be able to contribute up to $2,000 annually to a savings account for each beneficiary. The account is called a Coverdell education savings account (ESA) (it used to be called an education IRA). The account can have multiple contributors, but no more than $2,000 can be placed in the account for any one year.
Earnings on contributions accumulate tax deferred. If withdrawals from the account are used to pay qualified education expenses, the earnings become tax free.
There are a couple of conditions for funding a Coverdell education savings account as well as for taking tax‐free distributions.
Generally, a beneficiary is a person who is under the age of 18 at the time the contribution is made. Thus, for example, if a beneficiary attains the age of 18 on July 1, 2022, contributions can be made through June 30, 2022.
A beneficiary can also be a special needs person over the age of 18. A special needs beneficiary is one who requires additional time to complete his or her education because of a physical, mental, or emotional condition. This would include, for example, a person with a learning disability.
There is no familial requirement for contributors. Anyone can make a Coverdell education savings account contribution on behalf of an eligible beneficiary, as long as the contributor meets MAGI limits. Contributions can even be made by the beneficiary herself.
In order to contribute the full $2,000 to a Coverdell education savings account, your modified adjusted gross income cannot be more than a set limit. MAGI for this purpose means adjusted gross income increased by the foreign earned income exclusion, the foreign housing exclusion or deduction, the exclusion for income from American Samoa, or the exclusion for income from Puerto Rico.
A reduced contribution limit applies if your MAGI falls within a phaseout range. No contribution can be made if your MAGI exceeds the phaseout range, which is not adjusted annually for inflation. The MAGI phaseout range for Coverdell ESA contributors may be found in Table 3.4.
Contributions must be made in cash; you cannot contribute property to a Coverdell ESA. If you own stocks or mutual funds, you must sell the property and invest the proceeds. You may incur a capital gain on the sale of property.
Coverdell education savings accounts can be used for education in grades K–12 and/or for higher education without any dollar limit. Primary and secondary school can be public, private, or religious school.
The range of eligible expenses for which tax‐free withdrawals can be made is quite broad. Just about anything related to education is a qualified expense.
TABLE 3.4 MAGI Phaseout Ranges for Coverdell ESA Contributors
Filing Status | MAGI Phaseout Range |
---|---|
Married filing jointly | $190,000–220,000 |
Other taxpayers | $ 95,000–110,000 |
You can open a Coverdell education savings account at any bank or other financial institution that has received IRS approval to offer Coverdell ESAs. You can then select the investments you prefer, from certificates of deposit to stocks and mutual funds (to the extent available from the institution you select).
Just like IRA contributions, contributions to Coverdell ESAs can be made up to the due date of the return for the year to which they relate. However, obtaining a filing extension does not extend the deadline for making contributions.
You can turn taxable custodial accounts into tax‐free Coverdell education savings accounts by using the funds in the custodial account for contributions. However, only cash contributions are permitted to a Coverdell education savings account, so investments in the custodial accounts must first be sold so that the proceeds can be contributed.
You can change accounts from one financial institution to another by means of a tax‐free rollover. You may not be satisfied with the service or investment options you have at one financial institution and can switch by means of a rollover to another financial institution.
You can move money in a Coverdell ESA between certain beneficiaries on a tax‐free basis. The amount withdrawn from a Coverdell ESA can be rolled over to the same or a new designated beneficiary who is a member of the original beneficiary's family (listed in the next section). The rollover must be completed within 60 days. There are no tax consequences to naming a new designated beneficiary (as long as such beneficiary is permissible).
You can fund contributions to a Coverdell ESA by means of a direct deposit of a tax refund. For example, say you are owed a refund on your 2022 return. Use the refund to contribute to a Coverdell ESA (assuming you meet eligibility requirements) by filing the return early enough for the IRS to process it and electronically transfer the refund to the Coverdell ESA by April 18, 2023, for a 2022 contribution (you can also use the 2022 tax refund to make a 2023 contribution if your income allows it and the beneficiary will not have aged out of eligibility).
Anyone who receives a military death gratuity or payment under the Servicemen's Group Life Insurance (SGLI) program can contribute this amount to a Coverdell ESA; the usual contribution limit and MAGI limit do not apply in this case.
While distributions can be used to pay for primary and secondary school expenses, they cannot be used for home schooling.
If you contribute more than $2,000 on behalf of a beneficiary within one year, the excess amount is subject to a 6% excise tax (this is a penalty). The penalty is paid by the beneficiary (not the contributor). But the penalty can be avoided by withdrawing the excess contribution, plus any earnings on the contribution, before the beginning of the 6th month following the year of the contribution (e.g., by May 31, 2023, for 2022 contributions).
The 6% excise tax continues to apply each year in which excess contributions (and earnings on excess contributions) remain in the Coverdell ESA.
Taxable distributions, which are withdrawals made to pay for noneligible expenses, are not only taxed as ordinary income but are subject to a 10% additional tax. However, the 10% penalty does not apply to distributions that meet any of these conditions:
Withdrawals from a Coverdell ESA can be made in the same year in which an education credit is claimed. However, the same expenses cannot be used for both benefits.
Withdrawals from both a Coverdell ESA and a 529 plan are permitted in the same year. But if total withdrawals exceed qualified higher education expenses, the expenses must be allocated between the Coverdell ESA and 529 plan to figure the taxable portion of the withdrawals. Generally, the allocation is based on the ratio of the Coverdell ESA withdrawals to the total withdrawals.
Funds remaining in the account become taxable to the beneficiary within 30 days of attaining age 30 (or within 30 days of death if the beneficiary dies before age 30). The 30‐year age limit does not apply to a special needs beneficiary (defined earlier).
However, tax on the earnings in the account can be avoided if the balance in the account is transferred to another eligible beneficiary within 60 days of attaining age 30 (or death if earlier). An eligible beneficiary for this purpose includes members of the beneficiary's family:
Contributions to a Coverdell education savings account are not reported on the return of the contributor or the beneficiary. Similarly, withdrawals that are not taxable are not reported on any return.
If contributions are subject to the 6% excise tax, the beneficiary figures the excise tax in Part V of Form 5329, Additional Taxes on Qualified Plans (Including IRAs) and Other Tax‐Favored Accounts, and reports it on Schedule 2 of Form 1040 or 1040‐SR.
If withdrawals from a Coverdell ESA are taxable, they are reported on the beneficiary's return as “other income” on Schedule 1 of Form 1040 or 1040‐SR. If they are also subject to the 10% additional tax, this amount is figured in Part II of Form 5329, Additional Taxes on Qualified Plans (Including IRAs) and Other Tax‐Favored Accounts.
You can help save for the higher education expenses of your child or grandchild using a tax‐advantaged account called a 529 plan. The 529 plan is a qualified tuition program offering federal (and in some cases state) tax incentives for savings.
There are 2 types of qualified tuition programs (QTPs): a prepayment plan under which payments are guaranteed to cover (or partially cover) tuition, regardless of tuition increases, and a savings‐type plan in which the funds you will have available to pay for education depend on the investment performance of your account. From a tax perspective, however, both types of plans are governed by the same tax rules under Section 529 of the Internal Revenue Code (hence the name “529 plans”), and both types of plans have the same benefits and conditions.
While contributions to qualified tuition programs do not generate a federal income tax deduction or credit, the long‐term benefits are considerable:
There may be state income tax breaks for the contributions to qualified tuition programs as well. For example, if you are a resident in New York, you can deduct contributions to the New York 529 College Savings Program up to $5,000 per taxpayer per year on your New York state income tax return. Of the states with income taxes, only the following do not offer a deduction or credit for contributions: California, Delaware, Hawaii, Kentucky, Maine, New Jersey, and North Carolina.
Most conditions and requirements are fixed by each state's own 529 plan. However, for tax purposes, there are a couple of key conditions to obtaining all of the benefits under a qualified tuition program:
Contributions can be made only to state plans and IRS‐approved private college/ university plans. A personally devised plan, even one that mimics the investment strategies of the state plans, does not entitle you to these benefits.
At present, all states offer savings‐type plans and nearly 2 dozen have prepaid tuition plans.
For distributions from qualified tuition programs to be tax free, they must be used only to pay for qualified expenses. For higher education purposes, these include tuition, fees, books, supplies, computers and technology (e.g., Internet access), and room and board (if the student is enrolled at least half time). Withdrawals from a 529 plan to pay for a computer, Internet access, or the like are not for qualified expenses, so they are taxable. There is no set dollar limit on these expenses, including room and board. Thus, any reasonable amount for room and board (including expenses of off‐campus housing) can qualify.
Qualified expenses also include costs associated with registered apprenticeships, even though these are not considered “higher education.” And qualified expenses include student loan repayments up to a set limit. This is $10,000 in a lifetime for the beneficiary and the same for each of the beneficiary's siblings (sisters, brothers, stepsisters, and stepbrothers).
For 2018 through 2025, funds in 529 plans can be used for tuition at private or religious primary and secondary schools (grades K–12) up to $10,000 annually. The dollar limit applies per student, so if a student is a beneficiary of more than one 529 plan, only $10,000 can be used annually for the student without any federal income tax on the distribution.
The terms and conditions of qualified tuition programs vary considerably from state to state. You can learn about the investment options, fees, and other rules on state 529 plans at www.savingforcollege.com. For details on the private 529 plan created by a consortium of private colleges and universities (nearly 300 schools participate), go to www.privatecollege529.com.
If you plan for your child to attend your alma mater on a legacy basis, ask the school whether it offers or plans to offer a tuition prepayment plan.
For purposes of the federal financial aid formula, funds in 529 plans are not considered to be the assets of the student.
Qualified tuition programs can be used effectively for estate planning purposes. For example, a wealthy grandparent can reduce the size of his or her estate while funding an education savings plan for a grandchild with little or no gift tax cost. If you plan to make sizable contributions in one year, you can elect to treat the contributions as made equally over 5 years. This will entitle you to apply the annual gift tax exclusion, which is $16,000 in 2022 ($32,000 for married persons making joint gifts), 5 times to avoid or reduce gift tax.
If the contribution exceeds this limit, the excess amount is treated as a gift in the year the contribution is made.
Amounts in a 529 plan can be transferred to a new beneficiary or rolled over tax free within 60 days of a distribution. There is a limit of one transfer or rollover per year. However, a beneficiary can be changed without making a transfer or rollover; the new name is substituted for the old one on the same account. This option applies only if the new beneficiary is a member of the old beneficiary's family, which includes:
In the case of a savings‐type 529 plan, if the account declines in value from the amount contributed, the loss may be recognized when all of the funds in the account are distributed. The IRS says that the loss is treated as a miscellaneous itemized deduction on Schedule A of Form 1040 or 1040‐SR, which is deductible to the extent total miscellaneous itemized deductions exceed 2% of adjusted gross income, but cannot be deducted in 2022 due to the suspension of this deduction. Some tax experts believe that the loss is simply claimed as an ordinary loss. This theory has yet to be tested in court.
You can change investment selections once a year, and whenever there is a change in beneficiary.
For 2018 through 2025, amounts in a 529 plan can be rolled over tax free to an ABLE account if the ABLE account beneficiary or this designated beneficiary's family member is the beneficiary of the 529 plan. Any amount rolled over counts toward the overall limit on annual contributions to an ABLE account. Because such rollover is counted, it probably isn't a good idea to do it and instead fund the ABLE account; this maximizes the overall savings for the beneficiary.
Funds within 529 plans offer asset protection in case of bankruptcy. Contributions to the plan made at least one year but less than 2 years before filing for bankruptcy are protected up to $5,000. Contributions made 2 years or more before filing for bankruptcy are fully protected (no dollar limit applies). All contributions made within one year of filing for bankruptcy are at risk.
If funds are withdrawn from a 529 plan and not used for qualified education expenses, earnings on the distribution are taxable. For example, if part of a distribution is used for spending money or travel expenses, the earnings on this portion of the distribution are taxable.
In addition, the portion of the distribution representing earnings on contributions is subject to a 10% penalty. However, both the tax and the penalty on a refund made by the institution (e.g., because the student receives a scholarship) can be avoided by redepositing the funds in the 529 plan within 60 days of receipt.
Withdrawals from a 529 plan can be made in the same year in which an education credit is claimed, but the same expenses cannot be used for both benefits.
If withdrawals are made from a 529 plan and Coverdell ESA in the same year and the total withdrawal exceeds qualified education expenses, a portion of the withdrawal is taxable. How to figure the taxable portion was explained earlier in the Coverdell Education Savings Accounts section, under “Pitfalls.”
The permissible distribution up to $10,000 annually for primary and secondary school tuition does not apply to home schooling expenses. And be sure to check on the state income tax treatment of distributions for primary and secondary school tuition (some states are taxing them).
Contributions to qualified tuition programs are not reported on the return of the contributor or the return of the beneficiary.
Distributions from qualified tuition programs are not reported if they are tax free. To figure the tax‐free portion of distributions, you can use a worksheet for this purpose in IRS Publication 970. For any year in which distributions are made, the 529 plan must send you (and the IRS) an information return, Form 1099‐Q, Qualified Tuition Program. For distributions in 2022, the form must be issued no later than January 31, 2023.
If you have a disabled child or are under age 26 and meet certain eligibility conditions, you can have a special savings account that generally does not adversely impact eligibility for means‐tested government programs (e.g., Medicaid). The ABLE account is similar to a 529 savings plan (discussed earlier in this chapter), but differs in several ways. An ABLE account can be used on a tax‐free basis for education and job training, as well as other qualified disability expenses. And funds can be transferred up to a limited amount from a 529 plan to an ABLE account on a tax‐free basis, as explained earlier in this chapter. See details in Chapter 2.
You've seen the ads: Attend a seminar to learn all about this subject or that. While some seminars are free of charge, others can cost hundreds or even thousands of dollars. From a tax standpoint, the cost of seminars is deductible only under limited circumstances.
Work‐related seminars may be deducted if the conditions for work‐related education discussed earlier in this chapter are met.
No deduction can be claimed for seminars on self‐improvement that are not work‐related. No deduction can be claimed for investment seminars.
See work‐related education for self‐employed individuals discussed earlier in this chapter.
Travel was severely curtailed by COVID‐19, but has begun to pick up. Saint Augustine said, “The world is a book, and those who do not travel read only a page.” Taxwise, the cost of travel usually is a nondeductible personal expense. But there are exceptions for which the cost of travel may be deductible.
They say travel is broadening (a century ago, wealthy young men and women used to “take the grand tour” as a coming‐of‐age lesson). From a tax perspective, however, a deduction for educational travel is extremely limited. As a general rule, no deduction can be claimed for educational travel. However, this ban does not apply to overseas courses and lectures, the cost of which may qualify for a work‐related education deduction for a self‐employed individual.
To be deductible as work‐related education, travel must meet all of the conditions discussed earlier in this chapter.
Overseas courses need not be taken for credit to qualify for a deduction. For example, an English teacher who took a course on Greek myths in Greece taught by university professors was allowed a deduction for her travel expenses and course registration fees even though she did not take the courses for credit (this case arose when employees were able to deduct education costs as miscellaneous itemized deductions.).
No deduction can be claimed for travel that is merely beneficial. For example, an architect who travels to Europe to view cathedrals there cannot deduct the cost of the trip as an education expense.
See work‐related education for self‐employed individuals discussed earlier in this chapter.
It's been estimated that outstanding student loan debt totals more than $1.7 trillion. If you are facing mountains of debt from student loans and have opted to get out from under by taking a particular job, you may be able to not only have your loans canceled, but have them canceled without any tax cost to you.
The President proposed the cancellation of up to $20,000 of student debt for Pell Grants recipients and up to $10,000 for non‐Pell grant recipients with income less than $125,000 ($250,000 on a joint return). This loan forgiveness has not yet been finalized; check the Supplement for any update.
Normally, the cancellation of a loan results in taxable income to the borrower. But under certain conditions, the cancellation of a student loan can be tax free. There is no dollar limit to this benefit.
There are 3 different ways in which the cancellation of your student loan debt is not treated as income.
The loan must have been made by a qualified lender, which includes:
Due to COVID‐19, the U.S. Department of Education provided repayment deferrals of certain federal student loans at least through December 31, 2022. The interest rate during this suspension period is 0%. If borrowers choose to make repayments during this period, 100% of the payments are applied toward principal. This suspension period does not apply to loans from private lenders or to certain federal student loans (e.g., Perkins Loans) owned by private lenders.
Don't assume that filing for bankruptcy will erase your student loan debt. A discharge for student loan debt in bankruptcy may be allowed for undue hardship. And an appellate court also allowed a discharge under a new interpretation of the bankruptcy law.
If the loan forgiveness is tax free, you do not report anything on your return. If cancellation of your student loan is not tax free, you must include the debt forgiveness in income on your return. Report it as other income on Schedule 1 of Form 1040 or 1040‐SR. Generally, debt forgiveness that is not tax free is reported to you (and to the IRS) on Form 1099‐C, Cancellation of Debt.
Distributions can be taken from an IRA before age 59½ if the funds are used to pay qualified higher education costs for yourself, your spouse, or dependent. The Tax Court has said that funds used to buy a computer are not a qualified expense where its use is not required for any course and access to computer‐posted course syllabi can be done through school computers in the library.
Withdrawals can be taken penalty‐free only in the year in which you pay the expenses.
If you have a disabled child who cannot receive adequate education in your school district and you are reimbursed by your school district for the costs of special education, you are not taxed on this reimbursement. Since federal law requires schools to provide special education, you are treated as if you incur the costs on behalf of the school district.
If you're paid while learning on the job, your wages are includible in gross income, but the value of your training is not taxable. The U.S. Department of Labor estimates that the value of training through a registered apprenticeship program is $40,000 to $150,000.
As mentioned earlier in this chapter, distributions from 529 plans can be taken tax free to cover the costs of registered apprenticeship programs.
Emergency financial aid grants made by a federal or state agency, Indian tribe, higher education institution, or scholarship‐granting organization (including a tribal organization) to undergraduate and graduate students because of an event related to the COVID‐19 pandemic are not taxable. They are treated as qualified disaster relief payments. These grants ceased sometime during the first half of 2022.
However, because they are not taxable income, they cannot be the basis on which to take any deduction or credit, such as the American opportunity credit or the lifetime learning credit.
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