The Taxpayer Relief Act ~
How it may be helpful to you
The Taxpayer Relief Act of 1997 (TRA 97) provides many new tax benefits for persons paying higher education costs for themselves and members of their families. Benefits include education tax credits, an education IRA, withdrawals from traditional IRAs for higher education expenses, and a deduction for interest paid on student loans. Tax Credits available under the Taxpayer Relief Act
Beginning with the 1998 tax year (the tax return that you file in 1999) there are two tax credits available for higher education expenses: the Hope Scholarship credit and the Lifetime Learning credit. Note that these are tax credits, not deductions, and are subtracted from the amount of tax that you may owe. They are also non-refundable, which means that if the credits are more than your tax, the excess is not refunded to you.The Hope Scholarship credit may be claimed for qualified tuition and related expenses (paid after January 1, 1998) of each student in the taxpayer's family who is:
In computing the credit, scholarships, grants and other tuition benefits that are afforded tax-free to the student must be subtracted from tuition and fees paid. The maximum credit is $1,500 for each student.
- enrolled at least half-time;
- in the first two years of post secondary education; and
- is enrolled in a program leading to a degree, certificate or other recognized educational credential.
The Lifetime Learning credit became effective July 1, 1998. This credit may be claimed for the qualified tuition and related expenses of the students in the taxpayer's family who are enrolled in an eligible educational institution. As with the Hope Scholarship, qualified tuition is offset by scholarships, grants and other tax-free tuition benefits. Note that this credit is calculated on a per family basis, not on a per student basis. There is no requirement for half-time enrollment and no limit on the number of years for which this credit can be claimed for each student. At SDSU, most courses taken through Extended Studies will qualify. The maximum credit that may be claimed is $1,000 through 2002, and $2,000 thereafter.
Income and other limitations
If your modified adjusted gross income is over $50,000 ($100,000 if filing a joint return) you may not claim either credit. In addition, the amount that you are eligible to claim is reduced if your modified adjusted gross income is between $40,000 and $50,000 ($80,000 and $100,000 if filing jointly). You cannot claim a credit if you are married and filing a separate return. Taxpayers should consult the IRS or their tax preparers for more in depth requirements. There will be instructions accompanying the 1998 tax forms that will explain how to calculate the credit and how to claim it on the tax return.
- In early February 1999, students will receive a 1098-T Form and a 1098-T Supplemental Form. The purpose of the Supplemental Form is to identifyy the qualified education expensed and gift aid paid to SDSU so that you can calculate your tax credits and complete IRS Form 8863, which attaches to your tax form.
- In following years SDSU will be requesting taxpayer identification numbers (IRS Form W-9S) so that the 1098-T will be issued to the taxpayer, if other than the student.
If you are claimed as a dependent on your parents', guardian's, (or other taxpayer's) income tax returns, it is very important that you give your 1098-T Form to them.AM I ELIGIBLE? The 1098-T Form and 1098-T Supplemental Form will provide information needed to help you determine if you qualify for the tax credit. Read these forms carefully and call the IRS (1-800-829-1040) or your tax preparer if you have questions or concerns.
Student Loan interest deduction
Beginning in 1998 taxpayers who have taken loans to pay the cost of attending an eligible education institution for themselves, their spouse or their dependent may deduct interest they pay on these student loans. The maximum deduction each taxpayer is permitted to take increases from $1,000 in 1998 to $2,500 in 2001 and thereafter. The deduction is available only for those interest payments made during the first 60 months in which interest payments are required on the loan. The loan must have been used to pay the costs of attendance at an eligible educational institution for a student enrolled at least half time in a program leading to a degree, certificate or other recognized educational credential.The new law poses a challenge for schools
Most schools will be challenged to meet the reporting requirements that the Taxpayer Relief Act imposes on them. Many schools do not record the taxpayer identification number, especially if the taxpayer is someone other than the student. Much of the information that the schools are required to report is not stored in a single place, requiring new internal sharing of data. Handling the volume of questions posed by students and their families will be an additional challenge.
SDSU has contracted with CDSI and AFSA Data Corporation to act in partnership as our service provider. (The partnership is named Tax Credit Reporting Service, or TCRS.) This was determined to be the best way to accommodate the needs of our students and their families. Many campuses, including SDSU, have opted to supply financial data to an outside company that is better equipped to manage the tremendous workload. Privacy issues
The Family Educational Rights and Privacy Act (FERPA) prohibits the disclosure of information contained in student records without the student's written permission. However, the Compliance Office within the U.S. Department of Education (responsible for overseeing FERPA) has determined that TRA97 takes precedence over FERPA, and therefore educational institutions may collect and disclose information that is required by TRA97.
Some Important Points to Consider
- If you are claimed as a dependent on your parents' (or other taxpayer's) income tax returns, it is very important that you give your 1098-T Form to them.
- A "qualified" education expense is one that can be deducted from your tax obligation. If you have paid tuition and certain registration fees, you can deduct these amounts from the taxes you owe. The amounts shown on your 1098-T Form include qualified registration fees (including registration fees paid for Extended Studies) and tuition. The Health Services fee that is part of the registration fee at SDSU is not a qualified expense that can be included in the tax credit (and it is not included in the amount showing on your 1098-T Form).
- Federal and State grants you have received are shown on the 1098-T Supplemental Form. These must be used to offset the amount you paid in "qualified" expenses. (For instance, if you paid $900 in registration fees and received grants in the amount of $900, you would not be eligible for the credit.) Although scholarships are not mentioned on the 1098-T Supplemental Form, these must be counted the same as grants. If you received a scholarship in 1998, it will reduce the amount of tax credit you are eligible for.
- Other qualified expenses you may have paid during 1998 that are not included on your 1098-T Form, but may be claimed as part of the tax credit, include:
~Application for Admission Fee paid to SDSU
~SDSU Identification Card
~Graduation Evaluation and Diploma Fee
~Commencement Fee
~Credential Evaluation Fee
~Miscellaneous Course Charges paid to SDSU
(such as Nutrition and Art-Ceramics Clay)
Where to get
more information:
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- Access the IRS Web site for forms and information at www.irs.ustreas.gov
- Call the IRS at 1-800-829-1040 with tax questions (or check the phone book for a local number).
- Call the IRS at 1-800-829-3676 to order free publications and forms. The following publications may be very helpful:
~IRS Publication 970 - Tax Benefits for Higher Education
~IRS Publication 4 - Student's Guide to Federal Income Tax
- Obtain IRS forms from your local library or post office.
- For more information about the 1098-T Form, contact TCRS toll free at 1-877-467-3821 or visit the secure TRA97 Web site at www.1098-T.com.