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Tax.appeal.168
Tax.appeal.168, Tax Accountant
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FORM 1040, LINE 6a reads "if someone else can claim you, do

Customer Question

FORM 1040, LINE 6a reads "if someone else can claim you, do not check box 6a". My parents' income exceeds $110,000. If I am understanding correctly the IRS forms, they would get no benefit (neither from Form 8863 nor Form 8917) from taking me as their dependent (although they could), but I could benefit if they do not claim me. I had about $20,000 of income in 2015 so I must file. My questions: (1) Are my foregoing assumptions correct? (2) May I check box 6a even though they CAN claim me? (3) If I do, how much credit would I get from about $10,000 of tuition expenses or how much deduction for about $15,000 of tuition, books, etc (not paid directly to college)? (4) What about New York State?
Submitted: 11 months ago.
Category: Tax
Expert:  Tax.appeal.168 replied 11 months ago.

Q1: Are my foregoing assumptions correct?

A1: No. If you qualify as a dependent for your parents, whether they claim you as a dependent or not, or their income is too much to benefit from claiming you, you are not able to claim an exemption for yourself. SEE BELOW:

If you meet all of these criteria as a qualifying child or qualifying relative, you are a dependent. You cannot claim the personal exemption, even if the person who you are the dependent of doesn’t file with you listed as a dependent.

REFERENCE SOURCE:

http://blogs.hrblock.com/2014/03/18/how-to-decide-whether-to-claim-yourself/

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Q2: May I check box 6a even though they CAN claim me?

A2: You are required to check the box indicating that someone else can claim you as a dependent

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Q3: If I do, how much credit would I get from about $10,000 of tuition expenses or how much deduction for about $15,000 of tuition, books, etc (not paid directly to college)?

A3: Claiming the American Opportunity credit, will most likely render more of an education credit for you. The maximum credit amount for the AOC is $2,500, but this is not to say that you will receive the maximum amount of the credit. There is a formula used to calculate the credit amount. Refer to the following IRS webpage relating to the American Opportunity Credit for more information.

https://www.irs.gov/publications/p970/ch02.html#en_US_2015_publink1000204403

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Q4: What about New York State?

A4: What do you want to know about New York State?

Customer: replied 11 months ago.
I don't understand. If I check box 6a, may i still get the American Opportunity Credit -- or do my parents have to claim it (their income is too high)?
Customer: replied 11 months ago.
do I get $6,300 Standard Deduction and just no exemption
Customer: replied 11 months ago.
Am I eligible to get a New York State credit (or deduction) for educational expenses when my parents claim me as dependent? And does this apply to tuition expense, books and fees, and loan interest -- or to some but not the others?
Expert:  Tax.appeal.168 replied 11 months ago.

No, you are not eligible for education credits if your parents are claiming you as a dependent.

When someone else can claim you as a dependent, you cannot claim an exemption for yourself. The exemption amount for 2015 is $4,000. However, the standard deduction is applicable. SEE BELOW:

The standard deduction for an individual who can be claimed as a dependent on another person's tax return is generally limited to the greater of:

REFERENCE SOURCE:

https://ttlc.intuit.com/questions/2105001-if-my-parents-are-claiming-me-do-i-still-get-the-standard-deduction

Let me know if I can be of further assistance to you regarding this matter. If all is clear, a positive rating of 3 or more stars is appreciated.

  1. $1,000, or

  2. The individual's earned income for the year plus $350 (but not more than the regular standard deduction amount, generally $6,100).

Customer: replied 11 months ago.
you don't indicate whether, if I don't qualify for an education credit if I am my parents' dependent, and if they do not qualify because their income is too high -- may either of us take a deduction for "Tuition & Fees"? And what about loan interest?
Customer: replied 11 months ago.
checking out you advice on question #2, form 1040 pg 2 in the left margin it shows standard deduction on my return would be $6300, not $6100?
Expert:  Tax.appeal.168 replied 11 months ago.

Unfortunately, the way the tax laws are written, if your parent's income exceeds the ceiling to claim the deduction, they are not eligible to take it, and since you are being claimed as a dependent by them, you are not eligible to claim the deduction. SEE BELOW:

Who Can't Claim the Deduction?

You can't claim the tuition and fees deduction if any of the following apply.

REFERENCE SOURCE:

https://www.irs.gov/publications/p970/ch06.html#en_US_2015_publink100025391

  • Your filing status is married filing separately.

  • Another person can claim an exemption for you as a dependent on his or her tax return. You can't take the deduction even if the other person doesn't actually claim that exemption.

  • Your modified adjusted gross income (MAGI) is more than $80,000 ($160,000 if filing a joint return).

  • You (or your spouse) were a nonresident alien for any part of 2015 and the nonresident alien didn't elect to be treated as a resident alien for tax purposes. More information on nonresident aliens can be found in Pub. 519.

Expert:  Tax.appeal.168 replied 11 months ago.

Ok, $6,300. The information that I provided to you regarding the standard deduction was copies from another source, which I provided a link to.

If the standard deduction is showing as $6,300, then that is what it is.

Customer: replied 11 months ago.
It took over 1 hour to ask my questions and receive responses. One of the answers was incorrect. And your website is very difficult to navigate. Thanks for trying but this service is not for me..
Expert:  Tax.appeal.168 replied 11 months ago.

It did not take over an hour to receive a response. In addition, it just sounds to me that you are looking for a reason not to have to pay for the response because you did not receive the responses that you wanted to. I don't make the tax laws, I just dictate them.

It is on you if you do not positively rate, however know that this is not my bread and butter and I won't go hungry if you do not positively rate my response. Have a good day. I still intend to. Happy Easter as well.