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emc011075
emc011075, Tax adviser
Category: Tax
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Experience:  IRS licensed Enrolled Agent and tax instructor
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I pay tuition sons college education. My ex wife claims my

Customer Question

I pay tuition for my sons college education. My ex wife claims my sons as dependents for federal and New Jersey Taxes. I intend to claim tuition deduction in New York State tax return. My ex wife does not file tax return for New York State. I work in New York and live in New Jersey.
Submitted: 8 months ago.
Category: Tax
Expert:  emc011075 replied 8 months ago.

Hi. My name is ***** ***** I will be happy to help you.

Unfortunately you cannot claim college tuition on your NY state return for couple of reasons. Same as for federal return, the credit (for college tuition) goes with exemption. It means that whoever claims the exemption (for the dependent or for yourself) gets the credit. If you don't claim the child you can't claim the credit. Second reason is that if you live in New Jersey you are NOT resident of New York state. In order to claim the credit you must be full year New York state resident.

Expert:  emc011075 replied 8 months ago.

Here's NYS college tuition credit info page.

https://www.tax.ny.gov/pit/credits/college_tuition_credit.htm

Expert:  emc011075 replied 8 months ago.

Michael, I see you offline now. So if this answered your question, please take a moment to rate my response so that I may receive credit for assisting you today. You find the rating bar on the top of the page – 5 stars. However, if you need clarification, or want to discuss this issue further, let me know. Thank you.

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