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April 3, 2023
Question

520 Distribution and rent

  • April 3, 2023
  • 3 replies
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Hi,

 

My son attends a technical school that doesn't offer housing so he is having to rent an apartment.  I have entered his 1099-Q with the income shown and was going to enter his room and board expense however it makes his taxes due higher.  He is still a dependant since he is only 19 but the 1099-Q is in his name.  Is there an explanation for this or a work around so that the expenses reduce his tax due?

    3 replies

    Hal_Al
    Employee
    April 3, 2023

    Q.  Is there a work around so that the expenses reduce his tax due?

    A. Yes.

    You can just not report the 1099-Q, at all, if your student-beneficiary has sufficient educational expenses, including room & board (even if he lives at home) to cover the distribution. When the box 1 amount on form 1099-Q is fully covered by expenses, TurboTax will enter nothing about the 1099-Q on the actual tax forms. But, it will prepare a 1099-Q worksheet for your records. You would still have to do the math to see if there were enough expenses left over for you to claim the tuition credit. You also cannot count expenses that were paid by tax free scholarships. You cannot double dip! 

    On form 1099-Q, instructions to the recipient reads: "Nontaxable distributions from CESAs and QTPs are not required to be reported on your income tax return. You must determine the taxability of any distribution." 

     

    Off campus rent and food are eligible expenses for a 529 distribution, but the amount is limited to the lesser of your actual cost or what the school charges on campus students for R&B (technically the schools "allowance for cost of attendance" for financial aid purposes).

    April 3, 2023

    If the 1099-Q distribution was fully used for Education Expenses (including Room & Board), you don't have to enter it in your return (or his) since you claim him as your dependent.  As a dependent, he is not required to file a return, unless he paid taxes he wants refunded or has Earned Income over $12,950. Here's more info on Dependent Filing Requirements

     

    If he has expenses that weren't covered by the distribution (or other scholarships), you may qualify for Education Credits by entering those additional expenses in your return.  Be sure to keep records of expenses paid. 

     

    @jmead1 

     

     

    Hal_Al
    Employee
    April 3, 2023

    Qualified Tuition Plans  (QTP 529 Plans) Distributions

    General Discussion

    It’s complicated.

    For 529 plans, there is an “owner” (usually the parent), and a “beneficiary” (usually the student dependent). The "recipient" of the distribution can be either the owner or the beneficiary depending on who the money was sent to. When the money goes directly from the Qualified Tuition Plan (QTP) to the school, the student is the "recipient". The distribution will be reported on IRS form 1099-Q. 
    The 1099-Q gets reported on the recipient's return.** The recipient's name & SS# will be on the 1099-Q.
    Even though the 1099-Q is going on the student's return, the 1098-T should go on the parent's return, so you can claim the education credit. You can do this because he is your dependent.

    You can and should claim the tuition credit before claiming the 529 plan earnings exclusion. The American Opportunity Credit (AOC or AOTC) is 100% of the first $2000 of tuition and 25% of the next $2000 ($2500 maximum credit). The educational expenses he claims for the 1099-Q should be reduced by the amount of educational expenses you claim for the credit.
    But be aware, you can not double dip. You cannot count the same tuition money, for the tuition credit,  that gets him an exclusion from the taxability of the earnings (interest) on the 529 plan. Since the credit is more generous; use as much of the tuition as is needed for the credit and the rest for the interest exclusion. Another special rule allows you to claim the tuition credit even though it was "his" money that paid the tuition.
    In addition, there is another rule that says the 10% penalty is waived if he was unable to cover the 529 plan withdrawal with educational expenses either because he got scholarships or the expenses were used (by him or the parents) to claim the credits. He'll have to pay tax on the earnings, at his lower tax rate (subject to the “kiddie tax”), but not the penalty.

     

    Total qualified expenses (including room & board) less amounts paid by scholarship less amounts used to claim the Tuition credit equals the amount you can use to claim the earnings exclusion on the 1099-Q. 
    Example:
      $10,000 in educational expenses(including room & board)

       -$3000 paid by tax free scholarship***

       -$4000 used to claim the American Opportunity credit

     =$3000 Can be used against the 1099-Q (on the recipient’s return)

     

    Box 1 of the 1099-Q is $5000

    Box 2 is $2800

    3000/5000=60% of the earnings are tax free; 40% are taxable

    40% x 2800= $1120

    There is  $1120 of taxable income (on the recipient’s return)

     

    **Alternatively; you can just not report the 1099-Q, at all, if your student-beneficiary has sufficient educational expenses, including room & board (even if he lives at home) to cover the distribution. You would still have to do the math to see if there were enough expenses left over for you to claim the tuition credit. Again, you cannot double dip!  When the box 1 amount on form 1099-Q is fully covered by expenses, TurboTax will enter nothing about the 1099-Q on the actual tax forms. But, it will prepare a 1099-Q worksheet for your records, in case of an IRS inquiry.

    On form 1099-Q, instructions to the recipient reads: "Nontaxable distributions from CESAs and QTPs are not required to be reported on your income tax return. You must determine the taxability of any distribution." 

    ***Another alternative is have the student report some of his scholarship as taxable income, to free up some expenses for the 1099-Q and/or tuition credit. Most people come out better having the scholarship taxable before the 529 earnings.