TD Spouse tuition deductible?

ozzie1984 · Post by **ozzie1984** » Fri Feb 03, 2017 12:55 pm

Hello,

My wife was on F-1 and i'm on TN. HR Block did my taxes last year for 2015 and told me i'm not able to use her tuition as a deduction to my income.

In 2016 June, Her status changed from F1 to TD status. Can I deduct her Tuition now or not?

She did some courses under F1 from Jan to June 2016, and some Under TD from Sep to December of 2016.

Thanks,

nelsona · Post by **nelsona** » Fri Feb 03, 2017 1:01 pm

Are you filing a joint 1040? If so, you can include her tuition, regardless of what her immigration status is/was.

If you are not you can't.

ozzie1984 · Post by **ozzie1984** » Fri Feb 03, 2017 1:11 pm

I did a Joint return in 2015. The "Tax Pro" at HRBlock said i'm not able to use her deduction because she's on F1... did she drop the ball on this?

nelsona · Post by **nelsona** » Fri Feb 03, 2017 2:06 pm

Of course she did. Since you field jointly, she reported all income, so she gaets all benefits.

HRBlockheads are NOT equipped to handle cross-border issues.

ozzie1984 · Post by **ozzie1984** » Fri Feb 03, 2017 2:17 pm

Thanks, I will give her a visit and ask her about her Tax "knowledge" and why it sucks so bad

nelsona · Post by **nelsona** » Fri Feb 03, 2017 4:42 pm

Why would you return to someone who already makes mistakes. Unless she agrees to do your taxes for 2015 and 2016 for free (which is still probably overpaying).

Even turbotax, which know only slightly more than HRB has the reight answer:

https://ttlc.intuit.com/questions/27576 ... n-benefits

ozzie1984 · Post by **ozzie1984** » Fri Feb 03, 2017 4:46 pm

I will get them to fix the 2015 for free, since they charge so much for their services already. I plan on using 2016 TurboTax.

Strange thing is, I contacted another CPA and he gave the same answer HRB did..

"your wife is a non resident alien for 5 years under F1"... "you both have to be resident to claim the tuition tax credit"

nelsona · Post by **nelsona** » Sat Feb 04, 2017 12:31 pm

Both wrong. Cross-border taxes are not what they deal with.

ozzie1984 · Post by **ozzie1984** » Sat Feb 04, 2017 10:39 pm

I asked a HRBlock manager that did my taxes 2 years ago, that does HRB have an expert Immigration Tax expert.. she responded with. she's going to ask the Tax institute and get back to me in a few days... i will let you know what she says..

nelsona · Post by **nelsona** » Sat Feb 04, 2017 11:27 pm

They can ask whomever they want. You filed a joint 1040, and are thus BOTH considered tax residents and eligible for all the same deductions anyone else is.

It is not an immigration issue, it is a treaty issue, and and election to file jointly issue.

ozzie1984 · Post by **ozzie1984** » Mon Feb 13, 2017 7:05 pm

Follow up question regarding AOTC (American opportunity tax credit).

My wife did her masters and now doing PHD. Can i claim AOTC for her masters tuition? or is AOTC only restricted to undergrad? She did her Undergrad at her home country, came to USA on a F1 and did her masters here in Dallas, TX.

Thanks,

nelsona · Post by **nelsona** » Mon Feb 13, 2017 8:40 pm

That has nothing to do with cross-border or non-resident. Please consult a website dealing with "normal" US taxes.