Coordination with other provisions. The deduction for qualified tuition and related expenses is not allowed for any expenses for which there is a deduction available.
1 Taxpayers are not eligible to claim the deduction for qualified higher education expenses and an American Opportunity, Hope, or Lifetime Learning Credit in the same year with respect to the same student.
2 The amount of qualified tuition and related expenses is limited by the sum of the amounts paid for the benefit of the student, such as scholarships, education assistance advances, and payments (other than a gift, bequest, devise, or inheritance) received by an individual for educational expenses attributable to enrollment.
3 The total amount of qualified tuition and related expenses for the deduction has to be reduced by the amount of such expenses taken into account in determining the following exclusions: (1) interest from U.S. Savings bonds used to pay for higher education expenses;
4 (2) distributions from qualified tuition programs;
5 and (3) distributions from a Coverdell Education Savings Account.
6 For these purposes, the excludable amount under IRC Section 529 does not include that portion of the distribution that represents a return of contributions to the plan.
7 Eligibility. If the student is claimed as a dependent on another individual’s tax return (e.g., parents), he cannot claim the deduction for himself.
8 The deduction is not available to married taxpayers filing separately.
9 Identification. For the deduction to be permitted, the taxpayer must provide the name and the taxpayer identification (i.e., Social Security) number of the student for whom the credit is claimed.
10 Timing. A deduction is permitted for any taxable year only to the extent that the qualified tuition and related expenses are connected with enrollment at an institution of higher education during the taxable year.
11 However, this does not apply to expenses paid during a taxable year if those expenses are connected with an academic term beginning during the taxable year, or during the first three months of the next taxable year.
12 The Secretary may provide regulations necessary and appropriate to carry out these provisions, including recordkeeping and information reporting regulations.
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1. IRC § 222(c)(1).
2. IRC § 222(c)(2)(A).
3. IRC §§ 25A(g)(2), 222(d)(1).
4. IRC § 135.
5. IRC § 529.
6. IRC § 530.
7. IRC § 222(c)(2)(B).
8. IRC § 222(c)(3).
9. IRC § 222(d)(4).
10. IRC § 222(d)(2).
11. IRC § 222(d)(3)(A).
12. IRC § 222(d)(3)(B).
13. IRC § 222(d)(6).