TAX BREAKS FOR HIGHER EDUCATION Introduction Expenses for higher education offer taxpayers many ways to reduce their income taxes. This can provide some relief from the high cost of college, graduate school, and other higher education courses. Careful planning before the expenses are incurred will assure that you receive the full benefit of these complicated tax breaks. If you discover that you were eligible for a tax break but failed to claim it, you can file an amended tax return for up to three years from the date you filed the original return or two years after the date you paid the tax, whichever is later. Legislation has added tax breaks and modified existing ones in recent years. The 2010 Tax Relief/Job Creation Act extended the more lenient rules for many tax breaks that were set to expire at the end of 2010. Those rules will now expire at the end of 2012, unless additional legislation is passed. This fact sheet explains the rules in effect for 2011 and 2012, and lists the rules that will go into effect on January 1, 2013 unless another extension is passed. This fact sheet focuses on the tax aspects of the various credits, deductions, and other tax breaks available for higher education expenses. You will need to also weigh other advantages or disadvantages in choosing the tax breaks you will use. How to Use This Fact Sheet This fact sheet is intended to help you obtain the greatest tax benefits from expenses for higher education. The following descriptions of the sections in this fact sheet will help you find the information you need. Highlights of Tax Breaks Read this section for a brief overview of nine different tax breaks that are currently available. Benefits, Requirements and Limitations of Specific Tax Breaks Use this section to check all the details about the tax breaks for which you may be eligible. Is there an income limit on who can use the tax break? Do the classes have to be part of a degree program? Are books and other expenses covered? University of Illinois U.S. Department of Agriculture Local Extension Councils Cooperating University of Illinois Extension provides equal opportunities in programs and employment. 2 Tax Breaks for Higher Education Separate tables cover each of these topics: Tax Breaks: Basic Characteristics Whose Expenses Are Eligible? What Expenses are Allowable? Requirements for Student and Institution Type of Education Program Covered Additional Restrictions on Claiming Tax Breaks Explanation of Terms Many terms used in this fact sheet have very specific definitions. For other terms, the definition varies from one tax break to another. Check this section for definitions and explanations. Claiming and Combining Tax Breaks See how using one tax break affects eligibility for others so you can plan to maximize the benefits you get. Tips on Ways to Make the Most of Tax Breaks Use these suggestions to help you put this knowledge to work. Highlights of Tax Breaks Coverdell Education Savings Account (ESA, formerly known as Education IRA) This trust or custodial account is created exclusively for the purpose of paying the beneficiary's qualified higher education expenses and, through 2012, expenses for grades K-12 at public or private schools. The annual contribution limit is $2000 per beneficiary ($500 beginning in 2013). Contributions are not deductible. Contributions must be made by the beneficiary's 18th birthday. Special needs students are exempt from the age limit through 2012. Individuals and, through 2012, entities such as corporations and nonprofits can make contributions. Distributions for qualified education expenses are tax-free. Qualified expenses do not include classes merely to improve or acquire skills. Any amounts withdrawn that are not used for qualified expenses or that are in excess of qualified expenses are taxed and subject to a 10% penalty tax. When the beneficiary reaches age 30, any money left will be taxed and assessed a 10% penalty tax. Avoid this penalty by rolling the money into an Education Savings Account for a younger family member or changing the beneficiary on the existing account. 3 Tax Breaks for Higher Education American Opportunity Tax Credit (formerly Hope Scholarship Credit) The American Opportunity credit can be used for all four years of college and can be used for books and course materials. The credit is a maximum of $2500: 100% of the first $2000 and 25% of the next $2000 of qualifying expenses. Forty percent of the credit is refundable (refunded even if you owe no tax), unless student investment income is taxed at the parent’s rate. In 2013, the American Opportunity credit is scheduled to revert to the Hope credit. The Hope credit can only be used for the first two years of post-secondary education. The credit of up to $1800 per student is calculated as 100% of the first $1200 of tuition and fees plus 50% of the next $1200 (2009; as indexed for inflation). The credit is used to reduce your income taxes, but it is not refundable if the credit reduces your taxes to less than zero. To qualify for the American Opportunity or Hope credit, a student cannot have been convicted of a federal or state felony involving the possession or distribution of a controlled substance. Married taxpayers must file jointly to claim the credit. These credits cannot be used for classes to improve or acquire skills. Lifetime Learning Credit The Lifetime Learning Credit allows a wide range of students and educational programs to qualify, including half-time degree students and adults taking classes to acquire or improve job skills. This tax credit can be as much as $2000 per tax return, calculated as 20% of tuition and fees up to $10,000. The credit is used to reduce your income taxes, but it is not refundable if the credit reduces your taxes to less than zero. Married taxpayers must file jointly to claim the credit. Student Loan Interest Deduction Taxpayers can deduct interest on qualified higher education loans as an above-the-line deduction, meaning that even those who do not itemize will be able to take the deduction. Beginning in 2013, the deduction will be limited to interest paid on the first 60 payments. Qualified higher education loans are debts incurred to pay qualified higher education expenses for the taxpayer, the taxpayer’s spouse, or any dependent of the taxpayer as of the time the debt was incurred. Loans for classes to improve or acquire skills do not qualify. The loan must be for expenses that were paid or incurred within a reasonable period of time before or after the debt is incurred. Married taxpayers must file jointly to claim the deduction. Qualified Tuition Programs (529 Plans) These programs, often referred to as Section 529 plans, meet allow taxpayers to save for or prepay tuition for a beneficiary and pay no tax on distributions used for qualified expenses. Nonqualified withdrawals are subject to regular income tax plus a 10% penalty (see IRS Publication 970 for exceptions). Tuition plans are for degree programs, not for classes to improve or acquire skills. Rollovers from one plan to another with the same beneficiary are limited to once in 12 months. Two types of plans fall under this category. Prepaid tuition programs and savings plans. Prepaid tuition plans: Check the prepaid plan to see what flexibility you have if the 4 Tax Breaks for Higher Education student attends an out-of-state school or a private college. Both public and private educational institutions can offer prepaid tuition programs; distributions from those programs are tax-free. Savings plans: Compare deferred savings plans from several states to find the best arrangement for you and your children. Evaluate the investment choices and the variety of schools that are covered. Some plans, especially the ones sold through brokers, charge high commissions and annual expenses. Gift taxes may be owed if more than $13,000 ($26,000 for a married couple; 2011, indexed for inflation) is contributed per year for a single beneficiary. However, a contribution can be treated as if made over up to 5 years, allowing single contributions of up to $65,000 ($130,000 for a married couple; 2011, as indexed) without gift tax consequences. Employee Assistance Plans Employers may offer financial assistance for employee’s education of up to $5250 per year that is not reported as income, whether or not the classes are job-related. The exclusion applies to both graduate and undergraduate classes. applies to both EE savings bonds purchased after 1989 and I-bonds that offer inflationadjusted interest payments. Withdrawals from IRAs Traditional IRA. The early withdrawal penalty tax (10%) does not apply if the distribution is used to pay qualified higher education expenses of the taxpayer, spouse, or child or grandchild of the taxpayer or the taxpayer's spouse. However, income tax is still due. Roth IRA. The early withdrawal penalty tax (10%) does not apply if the distribution is used to pay qualified higher education expenses. You will still owe income tax on the earnings in the account that were distributed. However, you may owe little or no tax since withdrawals from a Roth IRA are treated as being taken from contributions first, and there is no tax on withdrawals of contributions. Therefore, the only tax you might owe is on any earnings you withdraw after you have withdrawn all of your original contributions. You may not owe tax even on the earnings if you meet the criteria for regular retirement withdrawals. Benefits, Requirements and Limitations of Specific Tax Breaks Savings Bond Interest Deduction Interest from US savings bonds may be excludable from income if used to pay for higher education expenses of family members. The exclusion phases out above certain income levels. The bond owner must have bought the bond after reaching age 24 and must be the sole owner or joint owner with spouse. The interest deduction applies in the year the bond is redeemed. Married taxpayers must file jointly. This deduction The following tables provide specific information for each of the tax breaks introduced above. This section will help you determine whether you may be eligible for a particular tax break, what particular requirements you must meet, and exactly what expenses are covered. 5 Tax Breaks for Higher Education TAX BREAKS: BASIC CHARACTERISTICS Income ranges over which eligibility is phased out Education Savings Account American Opportunity (Hope) Credit Lifetime Learning Credit Student Loan Interest Deduction Qualified Tuition Programs Employee Assistance Plans Savings Bond Interest Deduction IRA Withdrawals 2011 to 2012: modified AGI $95-110,000 (single),$190$220,000 (joint) 2011 and 2012: Modified AGI $80-90,000 (single), $160180,000 (joint) (2011, as indexed) Modified AGI $51-61,000 (single), $102122,000 (joint) (2011, as indexed) 2011 and 2012: Modified AGI $60-75,000 (single), $120150,000 (joint), (2009, as indexed) None None Modified AGI $71,100$86,100 (single), $ 106,650106,650 (joint) (2011, as indexed) None Contribution limit depends on the plan. See Highlights and Tips regarding gift tax issues. $5250 Up to amount of qualified expenses Up to amount of qualified expenses Beginning in 2013: Joint income limits drop to $150160,000 Annual dollar limit Contribution per beneficiary: 2011 and 2012: $2000 by April 15 of following year. Beginning in 2013: $500 by Dec. 31. Distributions limited to amount of qualified expenses. Beginning in 2013, $5060,000 (single), $100-120,000 (joint) (as indexed) 2011 and 2012: $2500. Beginning in 2013: $1800 per student (indexed for inflation) Beginning in 2013: $4055,000 (single), $60-75,000 (joint) (as indexed) $2000 per tax return $2500 Distributions limited to amount of qualified expenses. 6 Tax Breaks for Higher Education WHOSE EXPENSES ARE ELIGIBLE? Education Savings Account American Opportunity (Hope) Credit Lifetime Learning Credit Student Loan Interest Deduction Qualified Tuition Programs Employee Assistance Plans Savings Bond Interest Deduction IRA Withdrawals Taxpayer Yes, if he/she is the beneficiary Yes Yes Yes Yes, if he/she is the beneficiary Yes, if he/she is the employee Yes Yes Taxpayers spouse Yes, if he/she is the beneficiary Yes Yes Yes Yes, if he/she is the beneficiary Yes, if he/she is the employee Yes Yes Yes, if he/she is the beneficiary Yes Yes Yes, any dependent of taxpayer as of time debt was incurred Yes, if he/she is the beneficiary Yes, if he/she is the employee Yes Child, grandchild No No No Can change the beneficiary to another member of the current beneficiary’s family. No No Child, grandchild Dependent Others Can roll over to member of beneficiary’s family 7 Tax Breaks for Higher Education WHAT EXPENSES ARE ALLOWABLE? Education Savings Account American Opportunity (Hope) Credit Lifetime Learning Credit Student Loan Interest Deduction Qualified Tuition Programs Employee Assistance Plans Savings Bond Interest Deduction IRA Withdrawals Tuition and fees Yes Yes Yes Yes Yes Yes Yes Yes Books Yes, and supplies Yes. Beginning in 2013, No. No Yes Yes Yes1 No Yes, and supplies Room and board Yes2 No No Yes Yes, if halftime or more No No Yes, if halftime or more Computer technology, equipment, Internet service No 2010: only if the computer is needed for enrollment or attendance at the educational institution. No No Beginning in 2011, computer purchase allowed only if required by the institution. No No No Beginning in 2011, No. 1 Also supplies and equipment except those that can be retained after course ends 2 If half-time or more and working toward recognized educational credential 8 Tax Breaks for Higher Education REQUIREMENTS FOR STUDENT AND INSTITUTION Education Savings Account American Opportunity (Hope) Credit Lifetime Learning Credit Student Loan Interest Deduction Qualified Tuition Programs Employee Assistance Plans Savings Bond Interest Deduction IRA Withdrawals Eligible student required? No Yes Yes, except for expenses to acquire or improve job skills Yes No, except for room and board expenses No No No Eligible institution required? Yes3 Yes3 Yes3 Yes3 Yes3 No Yes3 Yes3 % time required NA except half-time for room and board Half-time Half-time4 Half-time NA except half-time for room and board NA NA NA except half-time for room and board 3 Definitions of eligible institutions vary for different tax breaks. Generally, they are post-secondary educational institutions eligible to participate in the federal student loan program, but may include others. 4 Can be less if education is for acquiring or improving job skills. 9 Tax Breaks for Higher Education TYPE OF EDUCATION PROGRAM COVERED 5 Education Savings Account American Opportunity (Hope) Credit Lifetime Learning Credit Student Loan Interest Deduction Qualified Tuition Programs Employee Assistance Plans Savings Bond Interest Deduction IRA Withdrawals Undergraduate Yes Yes. For 2011 and 2012, first four years. Beginning in 2013, first two years only. Yes Yes Yes Yes Yes Yes Graduate Yes No Yes Yes Yes Yes Yes Yes Recognized credential Yes Yes Yes Yes Yes Yes Yes Not specified To acquire or improve job skills No No Yes No No Yes Yes Not specified Elementary and Secondary school 2011 and 2012: Yes5 No No No No No No No Beginning in 2013: No For public or private school expenses: tuition, fees, tutoring, books, computer equipment, room and board, uniforms, extended day care, services for special needs students. 10 Tax Breaks for Higher Education ADDITIONAL RESTRICTIONS ON CLAIMING TAX BREAKS # times can claim Education Savings Account American Opportunity (Hope) Credit Lifetime Learning Credit Student Loan Interest Deduction Qualified Tuition Programs Employee Assistance Plans Savings Bond Interest Deduction IRA Withdrawals No limit, but must use by age 30 2011 and 2012: four years per student, Beginning in 2013, two years per student. No limit 2011 and 2012: No limit No federal limit No federal limit No limit No limit Beginning in 2013: Limited to first 60 payments Can you claim if you are the dependent of another? Yes No, but expenses paid by a dependent are treated as paid by the parent No, but expenses paid by a dependent are treated as paid by the parent No No federal restriction No federal restriction Yes Yes Married couples must file jointly to claim? Apparently, no Yes Yes Yes No No Yes No 11 Tax Breaks for Higher Education Explanation of Terms Dependent Eligible institution A dependent is an individual whom you may claim on your income tax. Definitions of eligible institutions vary for different tax breaks. Generally, they are post-secondary educational institutions eligible to participate in the federal student loan program, but may include others. Eligible student The qualifications required to be an eligible student vary by tax break. All require that the student be enrolled at an eligible educational institution. Some require that the student attend at least half-time. The Hope Credit requires that the student have no convictions for possession or distribution of a controlled substance. To check the definition of an eligible student for a particular tax break, see Tax Benefits for Education, IRS Publication 970 (http://www.irs.gov/formspubs). Half-time For at least one academic period beginning during the tax year, the student must take at least one-half the normal full-time course load for the course of study being pursued. Modified AGI Several tax breaks are available only to those taxpayers whose modified adjusted gross income (AGI) is under certain limits. Adjustments to AGI vary with the individual tax break. The modified AGI may require adding foreign income and other amounts not normally taxed, including some other education tax breaks. Qualified higher education expenses Tuition and fees are included in qualified expenses. Some tax breaks may allow books and supplies to be included. Expenses for room and board are allowed by some tax breaks, usually for students who are enrolled on at least a half-time basis. To qualify as qualified higher education expenses, the educational institution may also be required to be "eligible.” (See “Eligible institution,” above.) 12 Tax Breaks for Higher Education Claiming and Combining Tax Breaks Each tax break has rules governing how and if it can be used in combination with other tax breaks. Before committing to using a particular tax break, compare to see if claiming it will limit your ability to claim another tax break that is more beneficial. The following are general guidelines. Some of these procedures may change if if legislation does not extend rules that are set to expire at the end of 2012. For more details, please refer to the appropriate IRS form or publication for the year in which you are claiming the tax break. A list is provided below. If you are saving for higher education expenses: 1. You can contribute to both an Education Savings Account and a Qualified Tuition Program for the same student in the same year, at least until 2012. See Tips, below, for more information. 2. Distributions from an Educational Savings Account are tax-free if contributed to a Qualified Tuition Program. 3. Interest on qualifying savings bonds is tax-free if the proceeds are contributed to either an Education Savings Account or a Qualified Tuition Program. If you are paying for higher education expenses: 1. You cannot claim the American Opportunity (Hope) Scholarship and the Lifetime Learning Credit for the same student. You can claim them both if the expenses are for different students. 2. Expenses paid with following types of tax-free educational assistance cannot be used to claim any deduction or credit listed under numbers 3 or 4, below: a. The tax-free portion of scholarships and fellowships b. Veteran’s education benefits c. Pell grants6 d. Employee Assistance Plans e. “Any other non-taxable (tax-free) payments (other than gifts or inheritances) received as educational assistance.” (IRS Publication 970) 3. After subtracting any expenses covered by the types of tax-free educational assistance listed above, apply the remaining expenses to the following tax breaks in the order shown. The same expenses cannot be used to claim more than one of these benefits: a. American Opportunity (Hope) or Lifetime Learning Credits. b. Distributions from Education Savings Accounts and Qualified Tuition Programs. If you take distributions from both, you must allocate expenses between the two. c. Savings bond interest deduction. 4. Calculate qualified expenses for additional tax breaks as follows. First, subtract expenses covered by tax-free educational assistance listed under number 2, above. Then: a. Student loan interest deduction: Subtract 1) non-taxable earnings from Education Savings Accounts, 2) non-taxable earnings from Qualified Tuition Programs, and 3) the savings bond interest deduction. b. Withdrawals from IRAs that avoid the 10% early distribution penalty: Subtract distributions from Education Savings Accounts. 6 Pell grants are not listed as an adjustment for the student loan interest deduction or for the savings bond interest deduction, so you may not have to subtract expenses covered by a Pell grant when calculating those two tax benefits. 13 Tax Breaks for Higher Education The following IRS worksheets, forms, and guidelines for calculating tax breaks can be found on the IRS web site at www.irs.gov. Tax Break IRS Publication Education Savings Accounts Publication 970, Tax Benefits for Education; Chapter 7, Coverdell Education Savings Account, Worksheet 7-3. Hope Learning Credit Form 8863, Education Credits Lifetime Learning Credit Form 8863, Education Credits Student Loan Interest Deduction Form 1040 or 1040A instructions. Qualified Tuition Program Publication 970, Tax Benefits for Education; Chapter 8, Qualified Tuition Program. Employee Assistance Plan Publication 970, Tax Benefits for Education; Chapter 11, Employer-Provided Educational Assistance. Savings Bond Interest Deduction Form 8815, Exclusion of Interest from Series EE and I U.S. Savings Bonds Issued After 1989 Distributions from IRAs Publication 970, Tax Benefits for Education; Chapter 9, Education Exception to Additional Tax on Early IRA Distributions Tips on Ways to Make the Most of Tax Credits Coordinate contributions to a child's Education Savings Account with other family members since the per-year limit on contributions is per child not per contributor. In 2011 and 2012, you may contribute to an Education Savings Account and a Qualified Tuition Program in the same year. Both contributions are gifts and may trigger gift tax if a total of more than the annual gift tax limit ($13,000 for 2011, indexed for inflation; $26,000 for a married couple splitting the gift) is contributed in one year for the same student. Contributions to a qualified tuition program of up to $65,000 ($13,000 X 5, for 2011) can be made in one year but treated as made over up to 5 years, avoiding gift tax issues. Contributions to an Education Savings Account are not eligible for this treatment. Contributing to an Education Savings Account in the same year you make a contribution greater than the annual gift tax limit to a tuition program will reduce the amount of the tuition program contribution you can exclude from gift taxes for each of those five years. Bunching tuition payments into one tax year may help you get the largest credit or deduction. Different tax benefits have different requirements for qualified expenses. Match funds from different sources with the right type of college expenses. Check to see if you must claim your child as a dependent to claim the tax credit. 14 Tax Breaks for Higher Education Check to see if you can take proceeds from a home equity loan or credit line to pay tuition and still take a tax credit. income over $1800 for any dependent up to the age of 18 and, fulltime students under the age of 24 is taxed at the parent’s rate. Part-time students are eligible for certain tax credits. A Roth IRA may be an alternative to other savings mechanisms. Distributions are treated as coming first from contributions, and contributions can be taken out free of taxes or penalties at any time. Distributions of earnings will be taxed but will not be subject to the 10% penalty when used for higher education expenses. Eligibility for some tax breaks may be lost if the wrong person pays the expense. Rules depend on the tax break and whether the student is a dependent. Check IRS Publication 970 for details and examples. Money in the name of a child will usually affect financial aid more than money in the name of the parent. Rules regarding Education Savings Accounts and Qualified Tuition Plans owned by students changed in 2009 and may be treated as either a student or a parent asset, depending on circumstances. Accounts owned by third parties may result in non-taxable income to the beneficiary, affecting aid calculations. Delay withdrawing money from retirement IRAs or using other strategies that will increase your reportable income until late in the junior year or senior year, when it won't affect eligibility for financial aid. If you must sell investments to pay for college, you may have heard the suggestion to first gift the investments to your child to sell at his (presumably) lower tax rate. However, unearned Suggested Resources Tax Benefits for Education, IRS Publication 970. Available at www.irs.gov. www.savingforcollege.com Planning Strategies under the Education Provisions of the New Tax Act, Journal of Financial Planning, Sept. 2001, by Joseph F. Hurley. Available at http://www.fpanet.org/journal/. This publication is also available on the web at http://www.urbanext.uiuc.edu/taxbreaks/. Written by: Karen M. Chan, CFP® and Charlotte Crawford, CFP®, Extension Educators in Consumer and Family Economics with the University of Illinois Extension. Revised 20022011 by Karen M. Chan. Copyright 2011 by the Board of Trustees of the University of Illinois. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is provided with the understanding that the University of Illinois Extension is not engaged in rendering tax, accounting, or other professional advice. If advice or other expert assistance is required, the services of a competent professional should be sought.