Skip to main content
May 2, 2021
Question

Credit for money spent on education for a non-dependent child

  • May 2, 2021
  • 1 reply
  • 0 views

I received a form 1099-Q for my 23-year-old child who is in school, but I did not declare her as a dependent. How can I get credit for the money I spent without claiming her as a dependent?

1 reply

Hal_Al
Employee
May 2, 2021

I assume you are the "owner" of the account and the child is the beneficiary and that you are the "recipient" of the 1099-Q, for the distribution. 

 

The child does not have to be your dependent, for the distribution to be non-taxable.  It's only necessary that the student had sufficient Qualified educational expenses, during the  year.

 

There are three things you can do with the student's Qualified educational expenses (QEE):

  1. Allocate them to scholarships (so that the scholarship remains tax free)
  2. Use them to claim an education credit
  3. Allocate them to the 529 distribution (1099-Q) so that it will not all be taxable

So this means that you need to coordinate with the student and her parent(s) and how those expenses will be allocated. 

 

 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 the family 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." 

________________________________________________________________________________________

 

Qualified Tuition Plans  (QTP 529 Plans) Distributions

General Discussion

It’s complicated.

For 529 plans, there is an “owner” (usually the parent, but could be a third party, frequently grandparent), and a “beneficiary” (usually the student, dependent or not). 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 someone else's return, the 1098-T should go on the parent's return, so he can claim the education credit. He can do this because the student is his dependent.

The parent can and should claim the tuition credit before anyone claims the 529 plan earnings exclusion. The educational expenses you claim for the 1099-Q should be reduced by the amount of educational expenses the parent claims for the credit.
But be aware, you all can not double dip. You cannot count the same tuition money, for the 529 plan earnings exclusion ,  that gets him a tuition credit or deduction. 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. 

 

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 your 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

You have $1120 of taxable income  

 

**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 families come out better having the scholarship taxable before the 529 earnings.