Discussion:Pell Grant and electing out of exclusion

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Discussion Forum Index --> Tax Questions --> Pell Grant and electing out of exclusion


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MTX (talk|edits) said:

21 February 2008
Can a taxpayer elect out of the scholarhip and fellowship exclusion for tuition paid with a Pell Grant by including the Pell Grant as income on the student's tax return, thus allowing the parent to take the tuition deduction/credit?

Lancermc (talk|edits) said:

21 February 2008
I have done this with scholarships. Not sure about Pell Grants. Suggest you look at Publications for Scholarships and/or Education Credits. By reporting the scholarship as income, you are not required to reduce allowable tuition and fees by the non-taxed scholarship, thereby obtaining those credits. Hope this helps. Hope it works for Pell Grants.

Ddoshan (talk|edits) said:

21 February 2008
In my opinion it would be up to the student or parent to be able to show that the scholarship was used for other than tuition and required fees. I don't think you can just arbritrarily include scholarships in income just so as one could take or use the education credit.

From what I have seen it is a very rare case whereas the student has any idea where the scholarships or grants went or what they were used for. Although in most cases it would probably go thru the school and be used to pay tuition and fees. I may be off base but that is how I understand these situations.

RoyDaleOne (talk|edits) said:

21 February 2008
I look at this situation and my comments is partly yes. I read the Pub to say that you can include in income that portion of the grant that is not used for qualified educational expenses (i.e. parking, building fund, etc). I found the breakdown of the amounts paid to the higher education institution on the bottom of the education form provided by the "university".

For example: 3,400 in qualified expenses, 3,700 in grants. 4,200 in total payments to school. 4,200 minus 3,700 equals 500. Add to income $500 and got a $500 education credit. Had question about example I was following on how to add income to 1040.

Lancermc (talk|edits) said:

21 February 2008
That is exactly it RoyDaleOne. I just had not had time to look it up.

Lancermc (talk|edits) said:

22 February 2008
You would add the elected amount to scholarship income. There is a line in Lacerte for it.

MTX (talk|edits) said:

22 February 2008
Okay, but the book only states "scholarships" not grants for this exclusion. And page 13-8 "adjustments to qualified expenses" states Qualified expenses must be reduced by Pell grants, etc. What do you think?

Thanks so much for all your help.

RoyDaleOne (talk|edits) said:

22 February 2008
MTX

In the example given that is what was done.

RoyDaleOne (talk|edits) said:

22 February 2008
MTX

Also, Pell Grants and Other Title IV need based grats are treated as scholarships for this purpose. Right in the Pb 970.

MTX (talk|edits) said:

22 February 2008
Got it. Thanks Roy!

EZTAX (talk|edits) said:

22 February 2008
MTX - Yes you can do this and I am surprised so few preparers take advantage of this. It is one of those "tricks" that can set you apart from most of the comptetition and especially the self-prepared turbo tax users.

This technique works especially well when somone qualifies for the hope credit. Rather than reduce the tuition by the scholarship you report the scholarship as taxable and take the full hope credit. Big tax savings. For us in California it can add a little to the state tax since we don't have an ed credit but this is usually made up with the federal tax savings. Taking it one step further, use the cost of books to reduce the taxable scholarship amount.

Lancermc (talk|edits) said:

27 February 2008
EZTAX is right, those of us who agonize over these little things benefit our clients, who pay us and expect us to do this. Problem is to much cookie cutter tax work is offered. Thanks MTX, even students deserve the best we have to offer, even if they are not the biggest fees.

AEM CPA (talk|edits) said:

14 February 2009
If this is true, how do you report the Pell Grant, for instance, on the student's return? Just line 21 income? Has anyone done this and had it fly?

Riley2 (talk|edits) said:

15 February 2009
Section 117 is mandatory, not elective.

Ddoshan (talk|edits) said:

15 February 2009
RoyaDaleOne ... Read your example 21 Feb 08 a dozen times and still don't get it.

EZTAX .. Rather than reduce the tuition by the scholarship, just report the scholarship as taxable. If intructions, pubs are to be taken seriously they do seem to make it clear that one cannot just arbritrarily do this. They do seem to indicate that one could possibly do this if the scholarship / grant is unrestricted and could be used for any educational expense or purpose. I personally have never met a student that could verify in any way just exactly what the terms of his or her scholarship were. I take that back I met one 4-5 years ago.

EZTAX (talk|edits) said:

15 February 2009
Ddoshan - that was what I was trying to point out and you are correct that it hinges on if the scholarship must be used for tuition or could be used for other educational expenses such as room and board or a computer.



Riley2 - From 117 - "The term qualified scholarship means any amount received by

     an individual as a scholarship or fellowship grant to the extent
     the individual establishes that, in accordance with the
     conditions of the grant, such amount was used for qualified
     tuition and related expenses."  

So if the amount can be and is used for educational expenses other than tution then it is not a "qualifed scholarship".

MTX's initial example was to get the ed credit for the parent. This could also be done to get a better education credit on the students return. $2000 pd for tuition, $2,000 scholarship used for room and board. Report $2,000 as taxable scholarship and use tuition for hope credit.

Once again I understand that it really comes down to the terms/conditions of the grant which might be hard to find.

EZTAX (talk|edits) said:

15 February 2009
AEM - taxable scholarships are shown on line 7 with wages and I believe they are coded SCH on the left side. I think most programs will enter it this way for you if the data is entered properly.

EZTAX (talk|edits) said:

15 February 2009
See pub 970, page 11, second column, example 2 (I know, it is from a Pub and not the code!)

Riley2 (talk|edits) said:

16 February 2009
EZtax, you are misinterpreting Sec. 117. Educational expenses incude "related expenses". Related expenses include fees, books, supplies, and equipment required for courses of instruction at an educational organization.

I would change my answer if the student is not a candidate for a degree or if he is required, as a condtion of the Pell Grant, to render services.

AEM CPA (talk|edits) said:

16 February 2009
I agree with your assessment, Riley. My client's daughter was taking these courses at a community college with the intent of transferring them to a four-year university. I have to ask her if she was enrolled in an associate's degree program; if she wasn't, then she technically wasn't a candidate for a degree at the time she paid the tuition, even though she took the credits to a place where she now, in 2009, is a degree candidate. I think I could include the grants in her income in that case.

(As an aside, I always get a kick out of the times where we're trying to increase income. Damn refundable credits destroying the basic rules of logic.)

Ddoshan (talk|edits) said:

16 February 2009
I don't think I understand or agree with the above example about clients daughter.

EZTAX (talk|edits) said:

16 February 2009
I see your point Riley2. Thanks.

Larpra (talk|edits) said:

16 February 2009
I came across this thread while researching "scholarships as income". Had a student client in whose 1098-T had $4960 in box 2 and $10805 in box 5. Her wage income was $7008 and as she is under 25, no EIC is allowed. The increase to income because of the scholarship didn't sit well with her or me, so I am trying to figure if there is some way to reduce her tax liability. She was hoping to get back all she had withheld, but ended up with only about half of her federal back and owing the state.(I had a similar situation on another return, but the client was over 25 and got EIC, so he ended up with refunds on both). I did find something in the code on 529 plans that allows room and board as "qualified" expenses for those distributions, so why the double standard? Has anyone else questioned this before?

Smokeytax (talk|edits) said:

16 February 2009
Perhaps you can lower the amount included in income a bit by finding "required" fees, books, supplies and equipment, assuming the terms of the scholarship allow use of the proceeds for those purposes.

This whole area is turning out to be a can of worms.

AEM CPA (talk|edits) said:

16 February 2009
The double standard exists because Sec. 117(b)(2) does not include room and board in its definition of qualified expenses, but Sec. 529(e)(3)(B) does in its definition. It would be nice if there were a uniform definition for all education-related provisions, but the law and common sense rarely intersect.

Larpra (talk|edits) said:

16 February 2009
Smokey, I already did what I could with "required" books, supplies, etc.

"the law and common sense rarely intersect." Ain't that the truth!

MTX (talk|edits) said:

16 February 2009
To add to the double standard, this year students attending schools in the midwest disaster areas can include "required" fees, books, supplies, equipment, and room and board(stipulations).

Almost lost client last year because of this tuition maze and he is back this year. Here we go again! He has two kids in school with lots of scholarships, some qualified and some not. And then there is the cash basis to further confuse the issue of when the tuition can actually be deducted. The 1098-T is not on the cash basis. One of his FAFSAs kicked out last year because of the amount we elected to report as taxable on dependent's return. I am getting exasperated already!

Smokeytax (talk|edits) said:

17 February 2009
Larpra - I know what you mean. In another post, I complained about the situation under which the child who has no taxable income took out college loans in an amount of more than half of his own support, and therefore the parents not being able to claim him as dependent, and therefore the college credits disappearing into thin air.

I'm sure this wasn't what Congress intended.

Riley2 (talk|edits) said:

21 February 2009
MTX, If the scholarship or fellowship grant (or any portion thereof) may be applied, by its terms, to expenses other than qualified tuition and related expenses within the meaning of section 117(b)(2) (such as room and board) and the student reports the grant (or the appropriate portion thereof) as income on the student's federal income tax return if the student is required to file a return, then the amounts reported as income are not treated as tax-free grants for HOPE and LTL purposes. See Reg § 1.25A-5(c)(3)(i). Also, see Reg § 1.25A-5(c)(4), Ex 2.

AEM CPA (talk|edits) said:

21 February 2009
Riley2 -

I saw that in the other thread on this subject. That's good news for my client. Thanks for your help, and your help in general. This forum is an amazing resource, especially with the access to the Code and Regs that I can't really find anywhere else. Even when I give up on finding something here and Google it, half the time the top hits are to this site anyway.

MTX (talk|edits) said:

21 February 2009
Thanks Riley2, that is very helpful.

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