Is the lifetime learning credit apply to us (just become residential alien from non-residential alinen)

Forum|Forum|5 years ago
February 24, 2021
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My spouse and I were Non-residential aliens before 2020. 2020 Tax year is the first time I become a residential alien, but my spouse is still Non-residential aliens. I know when we file jointly, he should be considered as a residential alien.

My spouse started graduate school A in 2019 fall and paid the tuition out of his pocket. He finished it and started graduate school B in 2020 fall and got funding as a research assistant.

As he is a non-residential alien, neither school gives him form 1098-T. However, it seems for school A, he can claim credit ( when he files with me, he is residential alien. and he paid school A out of his pocket).

1. Am I correct? Should he ask for 1098-T from school A?

2. I tried this credit section in turbotax (assume he will get the 1098-t) and turbotax asked " did xx ever receive the american opportunity or hope credit', I answered no (we never got it as we were non-residential aliens). And turbotax concludes that he will get 'lifetime learning credit' for $2000. Is this correct?

Bsch4477

Employee

Did he attend school outside of the United States? If so, be sure that the school is an eligible education institution.

An eligible educational institution is any college, university, vocational school, or other postsecondary educational institution eligible to par- ticipate in a student aid program administered by the U.S. Department of Education. It includes virtually all accredi- ted public, nonprofit, and proprietary (privately owned profit-making) postsecondary institutions.
The educational institution should be able to tell TIP you if it is an eligible educational institution.

miamiaAuthor

school A and B are both in the united states

Bsch4477

Employee

Generally, a Nonresident Alien cannot claim an education tax credit unless: You are married and choose to file a joint return with a U.S. citizen or resident spouse.

Since you appear to be eligible you can claim the Lifetime Learning Credit.