Education Tax Credits

The following two tax credits are available to persons who pay higher
education costs.

•The Hope credit. •The lifetime learning credit.

Rules that apply to both credits are explained first, followed by explanations of rules that apply to each credit, choosing which credit
to claim, and how to claim your credits. The last section includes an illustrated Form 8863.

If a student receives a tax-free withdrawal from an education IRA in a particular tax year, none of that student's expenses can be used as the
basis of a higher education credit for that tax year. However, the student can waive the tax-free treatment. See Education IRA, later.

Rules That Apply to Both Credits

The amount of each credit is determined by the amount you pay for
qualified tuition and related expenses for students and the amount of
your modified adjusted gross income. Education credits are subtracted
from your tax but they are nonrefundable. This means if the credits are
more than your tax, the excess is not refunded to you.



If you are married filing separately, you cannot claim the higher
education credits.

What expenses qualify. The credits are based on qualified tuition and
related expenses you pay for yourself, your spouse, or a dependent for
whom you claim an exemption on your tax return. The credits are allowed
for qualified tuition and related expenses paid for an academic period
beginning in the same year as the year the payment is made (but see
Prepaid expenses, later).

In general, qualified tuition and related expenses are tuition and fees
required for enrollment or attendance at an eligible educational
institution. Student-activity fees and fees for course-related books,
supplies, and equipment are included in qualified tuition and related
expenses only if the fees must be paid to the institution as a condition
of enrollment or attendance.

Prepaid expenses. If you pay qualified tuition and related expenses for
an academic period that begins in the first three months of the
following year, you can use the prepaid amount in figuring your credit.

For example, if you paid $2,000 in December 1999 for qualified tuition
for the winter 2000 semester beginning in January 2000, you can use that
$2,000 in figuring your 1999 credit.

Payments with borrowed funds. You claim an education credit for the
qualified tuition and related expenses paid with the proceeds of a loan.
The credit is claimed in the year in which the expenses are paid, not in
the year in which the loan is repaid.

What expenses do not qualify. Qualified tuition and related expenses do
not include the cost of insurance, medical expenses (including student
health fees), room and board, transportation or similar personal, living
or family expenses, even if the fee must be paid to the institution as a
condition of enrollment or attendance.

Qualified tuition and related expenses generally do not include expenses
that relate to any course of instruction or other education that
involves sports, games, or hobbies, or any noncredit course. However, if
the course of instruction or other education is part of the student's
degree program or, in the case of the lifetime learning credit, is taken
by the student to acquire or improve job skills, these expenses can
qualify.



Dependent for whom you claim an exemption. You claim an exemption for a
dependent if you list that person in the Exemptions section of your tax
return.

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


Academic period. An academic period includes a semester, trimester,
quarter, or other period of study (such as a summer school session) as
reasonably determined by an educational institution.

No double benefit allowed. If you take a deduction for higher education
expenses on your tax return, you cannot claim a credit for those same
expenses.

Adjustments to qualified expenses. If you pay higher education expenses
with certain tax-free funds, you cannot claim a credit for those
amounts. You must reduce the qualified expenses by the amount of any
tax-free educational assistance. Tax-free educational assistance could
include scholarships, Pell grants, employer-provided educational
assistance, veterans' educational assistance, and any other nontaxable
payments (other than gifts, bequests, or inheritances) received for
educational expenses. Do not reduce the qualified expenses by amounts
paid with the student's earnings, loans, gifts, inheritances, and
personal savings. Also, do not reduce the qualified expenses by any
scholarship reported as income on the student's return or any
scholarship which, by its terms, cannot be applied to qualified tuition
and related expenses.

Refunds. Qualified tuition and related expenses do not include expenses
that are refunded. If you receive a refund in the same year in which you
paid the expenses, or in the following year, but before you file your
tax return for the year you paid them, simply reduce the amount of the
expenses by the amount of the refund received. If you receive the refund
after you file your tax return, see Recapture of credit, next.

Recapture of credit. If, after you file your tax return, you receive
tax-free educational assistance for, or a refund of, an expense you used
to figure a higher education credit on that return, you may have to
recapture all or part of the credit. You must refigure your education
credits as if the assistance or refund was received in the year the
expenses were paid. Include the difference, if any, on your return for
the year in which the assistance or refund was received. Include it on
the "total tax" line of your return. Next to the line, enter the amount
and "ECR."

Who can claim the credit. If there are higher education costs for your
dependent child, either you or your child, but not both of you, can
claim a credit for a particular year. If you claim an exemption for your
child on your tax return, only you can claim a credit. If you do not
claim an exemption for your child on your tax return, only your child
can claim a credit.

Expenses paid by others. If someone other than you, your spouse, or your
dependent (such as a relative or former spouse) makes a payment directly
to an eligible educational institution to pay for a student's qualified
tuition and related expenses, the student is treated as receiving the
payment from the other person. The student is treated as paying the
qualified tuition and related expenses to the institution.

Example. Ms. Allen makes a payment directly to an eligible educational
institution in 1999 for her grandson's qualified tuition and related
expenses. For purposes of claiming an education credit, the grandson is
treated as receiving the money from Ms. Allen and, in turn, paying his
qualified tuition and related expenses.



Expenses paid by dependent. If you claim an exemption for your child on
your tax return, treat any expenses paid by your child as if you had
paid them. Include these expenses when figuring the amount of your Hope
or lifetime learning credit.



Qualified tuition and related expenses paid directly to an eligible
educational institution for your dependent under a court-approved
divorce decree are treated as paid by your dependent.

Income Phaseout

Your education credits are phased out (gradually reduced) if your
modified adjusted gross income is between $40,000 and $50,000 ($80,000
and $100,000 in the case of a joint return).



You cannot claim any higher education credits if your modified adjusted
gross income is $50,000 or more ($100,000 or more in the case of a joint
return).

Modified adjusted gross income. For most taxpayers, modified adjusted
gross income will be their adjusted gross income (AGI) as figured on
their federal income tax return. However, you must make adjustments to
your AGI if you excluded income earned abroad or from certain U.S.
territories or possessions. If this applies to you, increase your AGI by
the following amounts you excluded from your income.
1.Foreign earned income of U.S. citizens or residents living abroad. 2.
Housing costs of U.S. citizens or residents living abroad. 3.Income from
sources within Puerto Rico, Guam, American Samoa, or the Northern
Mariana Islands.


How the phaseout works. The phaseout (reduction) works on a sliding
scale. The higher your modified adjusted gross income, the more your
credits are reduced. You figure the reduction, if any, in Part III of
Form 8863.

Hope Credit

You may be able to claim a Hope credit of up to $1,500 for qualified
tuition and related expenses paid for each eligible student. You can
take into account expenses paid in 1999 for academic periods beginning
after December 31, 1998, and before April 1, 2000. The credit can be
claimed for only 2 years for each eligible student.

Eligible student for the Hope credit. For purposes of the Hope credit,
an eligible student is a student who meets all of the following
requirements.
1.Has not completed the first 2 years of postsecondary education
(generally, the freshman and sophomore years of college) as of the
beginning of the year. 2.Is enrolled in a program that leads to a
degree, certificate, or other recognized educational credential for at
least one academic period beginning during the year. 3.Is taking at
least half of the normal full-time work load for his or her course of
study for at least one academic period beginning during the calendar
year. 4.Is free of any federal or state felony conviction for possessing
or distributing a controlled substance as of the end of the year.


Completion of first 2 years. A student awarded 2 years of academic
credit for postsecondary work completed prior to the beginning of the
year has completed the first 2 years of postsecondary education.

Any academic credit awarded solely on the basis of the student's
performance on proficiency examinations is disregarded in determining
whether the student has completed 2 years of postsecondary education.

Half of normal full-time workload. The standard for what is half of the
normal full-time work load is determined by each eligible educational
institution. However, the standard may not be lower than standards for
half-time established by the Department of Education under the Higher
Education Act of 1965.

Amount of credit. The amount of the Hope credit is 100% of the first
$1,000 plus 50% of the next $1,000 of qualified tuition and related
expenses you pay for each eligible student. The maximum amount of Hope
credit you can claim in 1999 is $1,500 times the number of eligible
students. You can claim the full $1,500 for each eligible student for
whom you pay at least $2,000 for qualified expenses. However, the credit
may be reduced based on your modified adjusted gross income. See Income
Phaseout, earlier.

Example. Jon and Karen are married and file a joint tax return. For
1999, they claim an exemption for their dependent daughter on their tax
return and their modified adjusted gross income is $70,000. Their
daughter is in her sophomore (second) year of studies at the local
university and Jon and Karen pay $4,300 in 1999 for her tuition costs.

Jon and Karen, their daughter, and the local university meet all of the
requirements for the Hope credit. Jon and Karen can claim a $1,500 Hope
credit in 1999. This is the maximum amount allowed for 1999.

How to figure the Hope credit. The Hope credit is figured in Parts I and
III of Form 8863. An illustrated example using Form 8863 appears later.

Lifetime Learning Credit

You may be able to claim a lifetime learning credit of up to $1,000 for
qualified tuition and related expenses paid for all students enrolled in
eligible educational institutions. You can take into account expenses
paid in 1999 for academic periods beginning after December 31, 1998, and
before April 1, 2000.

The lifetime learning credit is different than the Hope credit in the
following ways.
1.The lifetime learning credit is not based on the student's work load.
It is allowed for one or more courses. 2.The lifetime learning credit is
not limited to students in the first 2 years of postsecondary education.
3.Expenses for graduate-level degree work are eligible. 4.Expenses
related to a course of instruction or other education that involves
sports, games, hobbies, or other noncredit courses are eligible if they
are part of a course of instruction to acquire or improve job skills. 5.
There is no limit on the number of years for which the lifetime learning
credit can be claimed for each student. 6.The amount you can claim as a
lifetime learning credit does not vary (increase) based on the number of
students for whom you pay qualified expenses.


Amount of credit. The amount of the lifetime learning credit is 20% of
the first $5,000 of qualified tuition and related expenses you pay for
all students in the family. The maximum amount of lifetime learning
credit you can claim for 1999 is $1,000 (20% × $5,000). However, that
amount may be reduced based on your modified adjusted gross income. See
Income Phaseout, earlier.

Example. Bruce and Toni are married and file a joint tax return. For
1999, their modified adjusted gross income is $50,000. Toni is attending
the community college (an eligible educational institution) to earn
credits towards an associate's degree in nursing; she already has a
bachelor's degree in history and wants to become a nurse. In August
1999, Toni paid $2,000 for her fall 1999 semester. Bruce and Toni can
claim a $400 (20% × $2,000) lifetime learning credit on their 1999 joint
tax return.

How to figure the lifetime learning credit. The lifetime learning credit
is figured in Parts II and III of Form 8863. An illustrated example
using Form 8863 appears later.

Choosing Which Credit To Claim

For each student, you can elect for any tax year only one of the credits
or a tax-free withdrawal from an education IRA. (See Education IRA,
later, for more information.) For example, if you elect to take the Hope
credit for a child on your 1999 tax return, you cannot, for that same
child, also claim the lifetime learning credit for 1999 or take a
tax-free withdrawal from an education IRA for 1999.

Lifetime learning credit after Hope credit. You can claim the Hope
credit for the first 2 years of a student's postsecondary education and
claim the lifetime learning credit for that same student in later tax
years.

More than one student. If you pay qualified expenses for more than one
student in the same year, you can choose to take credits on a
per-student, per-year basis. This means that, for example, you can claim
the Hope credit for one student and the lifetime learning credit for
another student in the same tax year.

How To Claim the Credits

You elect to claim education credits and you figure their amount by
completing Form 8863. Use Part I for the Hope credit and Part II for the
lifetime learning credit. In both parts, you enter the student's name
and taxpayer identification number (usually a social security number)
and the amount of qualified expenses paid in 1999. You then complete
Part III to compute the amount to enter on line 44 of Form 1040 or line
29 of Form 1040A. Attach the completed Form 8863 to your return.

An eligible educational institution (such as a college or university)
that receives payment of qualified tuition and related expenses
generally must issue Form 1098-T, Tuition Payments Statement, to each
student by February 1, 2000. The information on Form 1098-T will help
you determine whether you can claim an education tax credit for 1999.
The following information should be included on the 1999 form.
1.The name, address, and taxpayer identification number of the
educational institution. 2.The name, address, and taxpayer
identification number of the student. 3.Whether the student was enrolled
for at least half of the full-time academic workload. 4.Whether the
student was enrolled exclusively in a graduate-level program.
The eligible educational institution may ask for a completed Form W-9S,
Request for Student's or Borrower's Social Security Number and
Certification, or similar statement, to obtain the information needed to
complete (2) above.

Illustrated Example

Dave and Valerie are married and file a joint tax return. For 1999, they
claim exemptions for their two dependent children on their tax return,
and their modified adjusted gross income is $72,000. Their son, Sean,
will receive his bachelor's degree in psychology from the state college
in May 2000. Their daughter, Corey, enrolled full-time at that same
college in August 1998 to begin working on her bachelor's degree in
physical education. In December 1998, Dave and Valerie paid $2,000 for
each child's tuition for the winter 1999 semester. In July 1999, they
paid $2,200 in tuition costs for each of them for the fall 1999
semester.

Form 8863 for Dave and Valerie

Dave and Valerie, their children, and the college meet all of the
requirements for the higher education credits. Because Sean is beyond
the second (sophomore) year of his postsecondary education, his expenses
do not qualify for the Hope credit. But, amounts paid for Sean's
expenses in 1999 for academic periods beginning after 1998 and before
April 1, 2000, qualify for the lifetime learning credit. Corey is in her
first two (freshman and sophomore) years of postsecondary education and
expenses paid for her in 1999 for academic periods beginning after 1998
and before April 1, 2000, qualify for the Hope credit.

Dave and Valerie figure their total higher education credits for 1999,
$1,940, as shown in the completed Form 8863. They can claim the full
amount because their modified adjusted gross income is not more than
$80,000. They carry the amount from line 18 of Form 8863 to line 44 of
Form 1040, and they attach the Form 8863 to their return.