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AMERICAN OPPORTUNITY CREDIT


grandmabee

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still a little fuzzy on the refundable part of the credit.

student has W-2 wages of 11,000

21 yrs old

claiming herself

education expense was 4,021

not full time student only part time

when I go thru the steps in the instruction. so if all the steps do not apply to student then she does get the refundabl credit or is it if any of the steps apply.

I am referring to the instructions on page 4 of the 8863

thanks for any help

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You do not qualify for a refund if 1(a, b, or c), 2, and 3 below apply to you.

1. You were:

a. Under age 18 at the end of 2010, or

b. Age 18 at the end of 2010 and your earned income(defined below) was less than one-half of your support (defined later), or

c. A full-time student over age 18 and under age 24 at the end of 2010 and your earned income (defined below) was less than one-half of your support (defined later).

2. At least one of your parents was alive at the end of 2010.

3. You are not filing a joint return for 2010.

So, you have someone who is 22 and supported himself more than 50%... he qualifies for the credit because number 1 doesn't apply to him.

So, number 1a... doesn't apply because he is 22.

1b doesn't not apply because he supported himself. He is 18 at the end of the year but the AND makes it false. (In this context, he is not 18 at the end of the year and he supported himself more than 50%, so it doesn't apply to him at all.)

1c. He is within that age but AND safes him.

Once you know that 1 doesn't apply for him... he qualifies because he will be eliminated ONLY if all (1, 2, AND 3 apply).

I wonder why 1b exists if it could easily be incorporated to 1c.

Another point, an orphan qualifies easily. The same is true for MFJ people, they qualify almost by default.

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  • 2 weeks later...

>>instructions on page 4 of the 8863<<

According to the instructions on the page right before that one, a "part-time" student can not claim the AOC. He must be taking "at least one-half the normal full-time workload for his or her course of study."

Isn't that instruction lovely? What do you call someone who is taking between half and one credit less than full time?

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