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Form Instructions 8863 for Orange California: What You Should Know

What to Expect Tax Credits If you have a qualifying educational organization, you can claim your share of education credits based on your qualified education expenses, including tuition and fees. You may get additional income tax credits and possibly a reduction in what state and local taxes you owe. If, however, you have no qualifying educational organization or your educational organization's activities consist of an educational program of a vocational nature, the credit is generally limited to 50 percent of the education costs. The Education Credit The American tax law credits qualified education expenses paid with the tax dollar of taxpayers earning less than 80,000, and they provide that the credits shall (Generally, the Education Credit can only be claimed when the educational organization's total qualified education expenses are at least 100 percent of its eligible expenses and not more than a total of 1,000,000. A qualified educational organization is defined as one in which, at all times during the year, the majority of its full-time educational activities are for the purpose of educating a substantial number of pupils, and the major reason for the educational activities is for the purpose of the children's further education.  Qualifying expenses include, but are not limited to, tuition, fees, books, supplies, equipment, room, board, medical service, textbooks, transportation, housing, and any other educational expenses. You can use ETC to reduce the number of IRS income tax credits you would otherwise be eligible for, but be aware of the limitations. ETC does not add back the education expenses over and above the limits described above. Taxes If you or a spouse has no qualifying educational organization, you can choose to take the full amount of the American income tax credit. To take the American income tax credit, you will need to complete Form W-2G, or Form W-2G-EZ. You pay taxes on the full amount of the education credits based on your taxable income. If you don't want to take the American income tax credit, you can either use Form 2555, Non-resident Alien Child, or Form 2555-G, Non-resident Alien Child Exemption; or if none of these options makes sense, you can claim your non-US earned income on line 24 of Form 1040 and line 31 of Form 1040A respectively. If you or a spouse has a qualifying educational organization, but your educational program consists of vocational education, you will need to complete Form 8863.

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