Posts Tagged ‘Definition’

Aptitude Test: Definition, How It’s Used, Types, and How to Pass

Written by admin. Posted in A, Financial Terms Dictionary

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What Is an Aptitude Test?

An aptitude test is an exam used to determine an individual’s skill or propensity to succeed in a given activity. Aptitude tests assume that individuals have inherent strengths and weaknesses and have a natural inclination toward success or failure in specific areas based on their innate characteristics.

Aptitude tests are generally used for job placement, college program entry, and to help people to get an idea of where their interests and aptitudes can take them regarding careers.

Key Takeaways

  • An aptitude test is used to determine an individual’s abilities, assessing how they are likely to perform in an area in which they have no prior training or knowledge.
  • Schools use aptitude tests to determine if students are inclined toward advanced placement classes or specific areas of study, such as engineering or a foreign language.
  • Human resources departments at some companies will use career assessment tests to learn about a potential candidate’s strengths and weaknesses.
  • An aptitude test does not test knowledge or intelligence, only a particular skill or propensity. Therefore, it is not a test for which a person can study.

Understanding Aptitude Tests

Aptitude tests can be used to determine your capabilities in a variety of subjects. For example, individuals may take an aptitude test to determine the careers that are a good match for their skills and interests. Similarly, high school students may take an aptitude test when thinking about what would be an appropriate college major or whether college is the best choice for them.

In general, aptitude tests measure one’s competence in logical reasoning, numerical skills, or verbal ability; competency can be evaluated through problem-solving tasks and testing one’s critical thinking across various contexts.

When You Might Take an Aptitude Test

Some schools administer aptitude tests to students beginning in elementary school. Combined with intelligence and achievement tests that measure student mastery of academic content, aptitude tests may be used to determine placement in gifted and talented programs or other specific educational tracks.

Language Aptitudes

For example, the Modern Language Aptitude Test (MLAT) measures a student’s potential for successfully mastering foreign languages. Aptitude tests can also help determine if a student needs special education services.

Older Students

For older students, Differential Aptitude Tests (DATs) assess a range of aptitudes from spatial relations to language usage. The results can help administrators make curricular recommendations.

Aptitude and personality tests can be useful in determining skills and abilities to highlight on a resume or cover letter when applying for a job.

Curriculum Guidance

Counselors might use high scores in mechanical reasoning tests to guide students toward courses that prepare them for engineering or designing studies in college. For instance, students who score well in tests measuring speed, accuracy, and problem-solving might choose coursework in computer science, finance, or other fields requiring attention to detail.

Hiring Decisions

Some companies use aptitude tests to help them make hiring decisions. These tests, called career assessment tests, help human resources (HR) personnel learn more about a prospective employee’s strengths and weaknesses. Career assessment tests may also be used within a company to make promotion decisions.

Situational judgment tests are a specific kind of career aptitude test that can help predict how an employee might respond to specific situations in the workplace. They are also used to assess an employee’s communication style and ability to work within a team.

Some situational judgment tests focus specifically on customer service careers. These tests analyze personality traits predictive of successful public interaction, such as empathy, diplomacy, and patience. Situational judgment tests may also be used to predict future competency in sales-related careers.

Types of Aptitude Tests

Many types of aptitude tests are taken for educational or career discovery and ability purposes. The most common aptitude tests are:

  • Mechanical reasoning: These types test your knowledge of physical concepts and are generally used to evaluate you for technical positions.
  • Situational judgment: These tests gauge your reactions to situations and your decision-making.
  • Diagrammatic/spatial reasoning: These tests see how well you can reach a conclusion based on processes contained in diagrams.
  • Abstract reasoning: These measure problem-solving abilities and identify relationships between abstract arrays.
  • Numerical reasoning: In these tests, your abilities with numbers, math, and data are tested.
  • Verbal reasoning: Your language, reading comprehension, and vocabulary are tested in these types.
  • Inductive reasoning: Under the pressure of time, these tests see how well you analyze patterns and data.
  • Logical reasoning: Logical reasoning tests measure how well you recognize patterns and sequences and identify relationships between objects.
  • Clerical aptitude: Clerical tests measure how fast and accurate you can be, seeing how well you can concentrate.

How to Pass an Aptitude Test

You might have heard that you can’t prepare for an aptitude test, but nothing could be further from the truth. Study guides and practice aptitude tests are readily available online and in community or high school libraries.

If you’re unsure about what kind of job you want or where you want to go next in your career, an aptitude or assessment test—offered on various websites, either for free or for a small fee—can be a great way of narrowing down options to make a choice.

Conduct an online search for the type of test you’ll be taking. You’ll find many guides that offer tips on subjects you can read about and practice tests. Once you’ve found the practice tests and some study material:

  • Practice the test daily: Practicing every day gives you continuous exposure to the questions and answers and helps you identify weak spots.
  • Learn the test format: Remembering the format helps you move through the test. It also allows you to identify areas you need to work on.
  • Carefully read the instructions: When you take the test, don’t dive into it. Instead, read all instructions and ensure you understand them, so you don’t work through a section giving wrong answers.
  • Manage your testing time: Answer the questions you know first. Then, go back and work on the more challenging questions.

What Is an Aptitude Test and an Example?

An aptitude test measures your capabilities in specific areas. One aptitude test most people hear of in high school is the Armed Forces Vocational Aptitude Battery (ASVAB). The ASVAB tests general science, arithmetic reasoning and mathematics, word knowledge, reading comprehension, mechanical comprehension, and more. The information is used to place applicants in job positions where they will have a better chance of succeeding.

Is an IQ Test an Aptitude Test?

An IQ test tries to measure your intelligence, while an aptitude test measures your ability to apply your intelligence.

Is There an Online Aptitude Test?

While some aptitude tests may still be given using test booklets and bubble sheets, many aptitude tests are administered online. You can find free and paid versions.

The Bottom Line

An aptitude test is a measure of your ability to learn or perform required tasks and succeed in the environment you’re in. They are not a measure of intelligence—these tests look for your strengths and weaknesses, giving you and the evaluator an idea of your abilities.

Most aptitude tests can indicate success in education and a career, but they are not always 100% accurate predictions. For example, it is possible to score very low on an aptitude test for a specific job and be successful with hard work and dedication—the test may have merely taken a snapshot of your knowledge and abilities at a point where you didn’t know much about the field.

Remember that preparation can help you pass an aptitude test even if you have no prior knowledge in an area—if you think of it as learning something new and interesting, you may surprise yourself with what you can do.

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Adverse Possession: Legal Definition and Requirements

Written by admin. Posted in A, Financial Terms Dictionary

Adverse Possession: Legal Definition and Requirements

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What Is Adverse Possession?

The term “adverse possession” refers to a legal principle that grants title to someone who resides on or is in possession of another person’s land. The property’s title is granted to the possessor as long as certain conditions are met including whether they infringe on the rights of the actual owner and whether they are in continuous possession of the property. Adverse possession is sometimes called squatter’s rights, although squatter’s rights are a colloquial reference to the idea rather than a recorded law.

Key Takeaways

  • Adverse possession is the legal process whereby a non-owner occupant of a piece of land gains title and ownership of that land after a certain period of time.
  • The claimant, or disseisor, must demonstrate that several criteria have been met before the court will allow their claim.
  • Requirements may include continuous use, a takeover of the land, and exclusive use.
  • Also known colloquially as squatters’ rights or homesteading, the law may also be applied to other properties such as intellectual or digital/virtual property.
  • There are some measures landowners can take to avoid adverse possession.

Understanding Adverse Possession

As mentioned above, adverse possession is a legal situation that occurs when one party is granted title to another person’s property by taking possession of it. This can happen intentionally or unintentionally with or without the property owner’s knowledge.

In cases of intentional adverse possession, a trespasser or squatter—someone who occupies another person’s land illegally—knowingly comes on to another person’s land to live on it and/or take it over. In other cases, adverse possession may be unintentional. For example, a homeowner may build a fence separating their yard without realizing they’ve crossed over and encroached on their neighbor’s property line. In either case, the adverse possessor—also referred to as the disseisor—can lay claim to that property. And if the claimant is successful in proving adverse possession, they are not required to pay the owner for the land.

A disseisor who successfully proves adverse possession is not required to pay the owner for the land.

Requirements to Prove Adverse Possession

The requirements to prove adverse possession tend to vary between jurisdictions. In many states, proof of payment for the taxes on a property and a deed is essentially required for the claimant to be successful. Each state has a time period during which the landowner of record can invalidate the claim at any time. For example, if the state threshold is 20 years and the landlord paints or pays for other maintenance on the house in question in the 19th year, then the claimant will have a difficult time proving adverse possession. That said, landowners are advised to remove the possibility of adverse possession as soon as possible by having signed agreements for any use of an owned property.

To successfully claim land under adverse possession, the claimant must demonstrate that his or her occupation of the land meets the following requirements:

  • Continuous use: Under this condition, the adverse possessor must show they’ve been in continuous and uninterrupted possession of the property in question.
  • Hostile and adverse occupation of the property: Although this doesn’t mean that the disseisor uses force to take the land, they must show there is no existing agreement or license from the landowner such as a written easement, lease, or rent agreement.
  • Open and notorious possession: The person seeking adverse possession must occupy a property in a manner that is open, notorious, and obvious. The true owner is not required, however, to be aware of the occupation.
  • Actual possession: The possessor must actively possess the property for the state’s predetermined statutory period, which may vary from three to 30 years. Possession may involve maintaining the land and—depending on state law—paying taxes.
  • Exclusive use: The property is used solely by the disseisor, excluding any others from using it as well.

Adverse possession has been proposed as a possible solution to discourage abuses of intellectual property rights like cybersquatting, excessive copyright, and patent trolling. Applying adverse possession to intellectual property as well as physical property would force the abusers to put more resources into actively using their portfolio of trademarks, patents, and so on, rather than just sitting on them and waiting for the actual innovators to step in their territory.

How to Prevent Adverse Possession

If you are a landowner, you can prevent a trespasser from gaining property ownership by taking some easy measures:

  • Identify and mark your property boundaries. Inspect your land regularly for signs of trespassers. You may want to use “no trespassing” signs and block entrances with gates. Although many states will not find a “no trespassing” sign sufficient to prevent an adverse possession claim, it’s a good way to deter trespassers.
  • Offer to rent the property to the trespasser. With a proper rental agreement in place, the trespasser cannot claim adverse possession.
  • Grant written permission to someone to use your land, and make sure you get their written acknowledgment.
  • Act fast. In the event of trespassing, you must act before the trespasser has been on your land for the period of time detailed by your jurisdiction, in order to make a successful case.

Hire a lawyer as soon as you detect signs of trespassing on your land. You might need to file a lawsuit to expel the trespasser, or a court order to remove an unwanted structure from your land.

Adverse Possession vs. Homesteading

Adverse possession is similar to homesteading in practice. In homesteading, government-owned land or property with no clear owner on record is granted to new owners provided they are using and improving it. If a homesteader doesn’t use the land, they can lose it. Adverse possession can operate in a similar manner by freeing up land with an unclear title for productive use.

Of course, adverse possession can also be abused in ways homesteading cannot. If there is an informal easement between two farms where one farmer’s fence has an acre of the neighbors’ land in it, for example, the farmer using it can claim adverse possession to essentially bite off that chunk of land if there is no written easement agreement.

What Are the 5 Requirements of Adverse Possession?

Although the requirements for adverse possession may vary significantly between jurisdictions, the following are the typical requirements that need to be met:

  • The possession of the property must be continuous and uninterrupted.
  • The occupation must be hostile and adverse to the interests of the true owner, and take place without their consent.
  • The person seeking adverse possession must occupy a property in a manner that is open, notorious, and obvious.
  • Possession of the property must continue for the state’s predetermined statutory period, which may vary from three to 30 years.
  • The property must be occupied exclusively by the person seeking adverse possession.

What States Allow Adverse Possession?

Although all states allow adverse possession, the requirements can vary widely from state to state. The main differences involve the length of possession, the payment of taxes, and the presence of a document that claims to establish ownership (such as a deed). In general terms, states in the East do not require additional documentation, but they may require the payment of taxes on the property. States in the West tend to allow shorter periods of possession but have some additional requirements, such as the payment of taxes or a deed.

What Is the Time Limit on Adverse Possession?

The time limit varies by jurisdiction, ranging from three years (Arizona) to 30 years (Louisiana). The average time threshold is 10-12 years.

Who Can Claim Adverse Possession?

Any person in possession of land owned by someone else may claim adverse possession and acquire valid title to it under, as long as certain requirements are met, like being in possession for a sufficient period of time or paying taxes on the property. These requirements vary by jurisdiction.

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183-Day Rule: Definition, How It’s Used for Residency, and Example

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What Is the 183-Day Rule?

The 183-day rule is used by most countries to determine if someone should be considered a resident for tax purposes. In the U.S., the Internal Revenue Service (IRS) uses 183 days as a threshold in the “substantial presence test,” which determines whether people who are neither U.S. citizens nor permanent residents should still be considered residents for taxation.

Key Takeaways

  • The 183-day rule refers to criteria used by many countries to determine if they should tax someone as a resident.
  • The 183rd day marks the majority of the year.
  • The U.S. Internal Revenue Service uses a more complicated formula, including a portion of days from the previous two years as well as the current year.
  • The U.S. has treaties with other countries concerning what taxes are required and to whom, as well as what exemptions apply, if any.
  • U.S. citizens and residents may exclude up to $108,700 of their foreign-earned income in 2021 if they meet the physical presence test and paid taxes in the foreign country.

Understanding the 183-Day Rule

The 183rd day of the year marks a majority of the days in a year, and for this reason countries around the world use the 183-day threshold to broadly determine whether to tax someone as a resident. These include Canada, Australia, and the United Kingdom, for example. Generally, this means that if you spent 183 days or more in the country during a given year, you are considered a tax resident for that year.

Each nation subject to the 183-day rule has its own criteria for considering someone a tax resident. For example, some use the calendar year for its accounting period, whereas some use a fiscal year. Some include the day the person arrives in their country in their count, while some do not.

Some countries have even lower thresholds for residency. For example, Switzerland considers you a tax resident if you have spent more than 90 days there.

The IRS and the 183-Day Rule

The IRS uses a more complicated formula to reach 183 days and determine whether someone passes the substantial presence test. To pass the test, and thus be subject to U.S. taxes, the person in question must:

  • Have been physically present at least 31 days during the current year and;
  • Present 183 days during the three-year period that includes the current year and the two years immediately preceding it.

Those days are counted as:

  • All of the days they were present during the current year
  • One-third of the days they were present during the previous year
  • One-sixth of the days present two years previously

Other IRS Terms and Conditions

The IRS generally considers someone to have been present in the U.S. on a given day if they spent any part of a day there. But there are some exceptions.

Days that do not count as days of presence include:

  • Days that you commute to work in the U.S. from a residence in Canada or Mexico if you do so regularly
  • Days you are in the U.S. for less than 24 hours while in transit between two other countries
  • Days you are in the U.S. as a crew member of a foreign vessel
  • Days you are unable to leave the U.S. because of a medical condition that develops while you are there
  • Days in which you qualify as exempt, which includes foreign-government-related persons under an A or G visa, teachers and trainees under a J or Q visa; a student under an F, J, M, or Q visa; and a professional athlete competing for charity

U.S. Citizens and Resident Aliens

Strictly speaking, the 183-day rule does not apply to U.S. citizens and permanent residents. U.S. citizens are required to file tax returns regardless of their country of residence or the source of their income.

However, they may exclude at least part of their overseas earned income (up to $108,700 in 2021) from taxation provided they meet a physical presence test in the foreign country and paid taxes there. To meet the physical presence test, the person needs to be present in the country for 330 complete days in 12 consecutive months.

Individuals residing in another country and in violation of U.S. law will not be allowed to have their incomes qualify as foreign-earned.

U.S. Tax Treaties and Double Taxation

The U.S. has tax treaties with other countries to determine jurisdiction for income tax purposes and to avoid double taxation of their citizens. These agreements contain provisions for the resolution of conflicting claims of residence.

Residents of these partner nations are taxed at a lower rate and may be exempt from U.S. taxes for certain types of income earned in the U.S. Residents and citizens of the U.S. are also taxed at a reduced rate and may be exempt from foreign taxes for certain income earned in other countries. It is important to note that some states do not honor these tax treaties.

183 Day Rule FAQs 

How Many Days Can You Be in the U.S. Without Paying Taxes?

The IRS considers you a U.S. resident if you were physically present in the U.S. on at least 31 days of the current year and 183 days during a three-year period. The three-year period consists of the current year and the prior two years. The 183-day rule includes all the days present in the current year, 1/3 of the days you were present in year 2, and 1/6 of the days you were present in year 1.

How Long Do You Have to Live in a State Before You’re Considered a Resident?

Many states use the 183-day rule to determine residency for tax purposes, and what constitutes a day varies among states. For instance, any time spent in New York, except for travel to destinations outside of New York (e.g., airport travel), is considered a day. So, if you work in Manhattan but live in New Jersey, you may still be considered a New York resident for tax purposes even if you never spend one night there.

It is important to consult the laws of each state that you frequent to determine if you are required to pay their income taxes. Also, some states have special agreements whereby a resident who works in another state is only required to pay taxes in the state of their permanent residence—where they are domiciled.

How Do I Calculate the 183-Day Rule?

For most countries that apply this rule, you are a tax resident of that country if you spend 183 or more there. The United States, however, has additional criteria for applying the 183-rule. If you were physically present in the U.S. on at least 31 days of the current year and 183 days during a three-year period, you are a U.S. resident for tax purposes. Additional stipulations apply to the three-year threshold.

How Do I Know if I Am a Resident for Tax Purposes?

If you meet the IRS criteria for being qualified as a resident for tax purposes and none of the qualified exceptions apply, you are a U.S. resident. You are a tax resident if you were physically present in the U.S. for 31 days of the current year and 183 days in the last three years, including the days present in the current year, 1/3 of the days from the previous year, and 1/6 of the days from the first year.

The IRS also has rules regarding what constitutes a day. For example, commuting to work from a neighboring country (e.g., Mexico and Canada) does not count as a day. Also, exempt from this test are certain foreign government-related individuals, teachers, students, and professional athletes temporarily in the United States.

Do I Meet the Substantial Presence Test?

It is important to consult the laws of the country for which the test will be performed. If wanting to find out about meeting the U.S.’s substantial presence test, you must consider the number of days present within the last three years.

First, you must have been physically present in the United States for 31 days of the current year. If so, count the full number of days present for the current year. Then, multiply the number of days present in year 1 by 1/6 and the days in year 2 by 1/3. Sum the totals. If the result is 183 or more, you are a resident. Lastly, if none of the IRS qualifying exceptions apply, you are a resident.

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American Opportunity Tax Credit (AOTC): Definition and Benefits

Written by admin. Posted in A, Financial Terms Dictionary

American Opportunity Tax Credit (AOTC): Definition and Benefits

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What Is the American Opportunity Tax Credit (AOTC)?

The American Opportunity Tax Credit (AOTC) is a tax credit for qualified education expenses associated with the first four years of a student’s postsecondary education. The maximum annual credit is $2,500 per eligible student. The student, someone claiming the student as a dependent, or a spouse making postsecondary education payments can claim the AOTC on their tax return.

Key Takeaways

  • The American Opportunity Tax Credit (AOTC) helps offset the costs of postsecondary education for students or their parents (if the student is a dependent).
  • The AOTC allows an annual $2,500 tax credit for qualified tuition expenses, school fees, and course materials.
  • Room and board, medical costs, transportation, and insurance do not qualify, nor do qualified expenses paid for with 529 plan funds.
  • To claim the full credit, your modified adjusted gross income (MAGI) must be $80,000 or less ($160,000 if married filing jointly).

Understanding the American Opportunity Tax Credit (AOTC)

With the AOTC, a household with a qualifying student can receive a maximum $2,500 tax credit per year for the first four years of higher education. Parents claiming a dependent child who is a full-time student ages 19 to 24 can claim an additional $500 Child Tax Credit.

The AOTC helps with educational costs such as tuition and other expenses related to a student’s coursework. Eligible students (or their parents) can claim 100% of the first $2,000 spent on school expenses and 25% of the next $2,000. This comes out to a maximum credit of $2,500: (100% × $2,000) + (25% × $2,000).

The American Opportunity Tax Credit is partially refundable, which means that it could provide a refund even if your tax liability is $0.

In general, tax credits are refundable, nonrefundable, or partially refundable. Up to $1,000 (40%) of the AOTC is refundable, making it a partially refundable tax credit. So, if the credit brings your tax liability to $0, you can receive 40% of your eligible credit (up to $1,000) as a refund.

AOTC Eligibility Requirements

Like other tax credits, you must meet specific eligibility requirements to claim the AOTC.

Who Can Claim the AOTC?

To claim the AOTC on your tax return, you must meet all three of these requirements:

  • You pay qualified education expenses for higher education.
  • You pay the education expenses for an eligible student.
  • The eligible student is either you, your spouse, or a dependent whom you claim on your tax return.

Additionally, you must receive Internal Revenue Service (IRS) Form 1098-T to claim the credit. Here’s an example of a completed form:

Source: Internal Revenue Service

Which Students Qualify for the AOTC?

A student is eligible for the AOTC only if they meet certain requirements. Specifically, the student must:

  • Be taking courses toward a degree or some other recognized education qualification
  • Be enrolled at least part time for at least one academic period beginning in the tax year
  • Not have finished the first four years of higher education at the beginning of the tax year
  • Not have claimed the AOTC (or the former Hope credit) for more than four tax years
  • Not have a felony drug conviction at the end of the tax year

Academic periods can be quarters, trimesters, semesters, or summer school sessions. If the school doesn’t have academic terms, you can treat the payment period as an academic period.

Which Expenses Qualify for the AOTC?

For the purposes of the AOTC, qualified education expenses include tuition and some related costs required for attending an eligible educational institution. An eligible educational institution is any accredited public, nonprofit, or private college, university, vocational school, or other postsecondary educational institution. Related expenses include:

  • Student activity fees paid to the school as a condition of enrollment or attendance
  • Books, supplies, and equipment needed for classes, whether or not you buy them from the school

Insurance, medical expenses (including student health fees), room and board, transportation, and living expenses do not count as qualified education expenses.

You can pay for qualified education expenses with student loans. However, you can’t claim the credit if you paid for expenses with scholarships, grants, employer-provided assistance, or funds from a 529 savings plan.

What Are the Income Limits for the AOTC?

To claim the full credit, your modified adjusted gross income (MAGI) must be $80,000 or less ($160,000 if married filing jointly). The credit begins to phase out above these limits and disappears entirely if your MAGI is above $90,000 ($180,000 for married filing jointly).

Income Limits for the American Opportunity Tax Credit
  Single Married Filing Jointly
Full Credit $80,000 or less $160,000 or less
Partial Credit More than $80,000 but less than $90,000 More than $160,000 but less than $180,000
No Credit More than $90,000 More than $180,000
Source: Internal Revenue Service

AOTC vs. Lifetime Learning Credit

The AOTC and the Lifetime Learning Credit (LLC) are popular tax breaks that people with educational expenses can claim on their annual tax returns. While similar, the LLC and the AOTC differ in several ways.

With the LLC, you can claim up to 20% of the first $10,000 of qualifying expenses ($2,000). The LLC is not limited to students pursuing a degree or studying at least part time. Instead, it covers a broader group of students—including part-time, full-time, undergraduate, graduate, and courses for skill development. Finally, the LLC is nonrefundable, meaning that once your tax bill hits zero, you won’t receive a refund on any credit balance.

American Opportunity Tax Credit (AOTC) vs. Lifetime Learning Credit (LLC)
 Criteria AOTC LLC
Maximum Benefit Up to $2,500 per student Up to $2,000 per return
Credit Type Partially refundable (40% of credit) Nonrefundable
MAGI Limit (Single) $90,000 $80,000
MAGI Limit (Married Filing Jointly) $180,000 $160,000
# of Tax Years Available Four per student Unlimited
Program Requirement Degree seeking N/A
Course Load At least half time for at least one academic period At least one course
Qualified Expenses Tuition, required fees, and course materials Tuition and fees
Felony Drug Conviction Not allowed N/A
Source: Internal Revenue Service

If you’re eligible for both the AOTC and the LLC, be sure to assess your individual situation to determine which tax credit provides the greater benefit. The partial refundability of the AOTC can be an important factor. Of course, some taxpayers may only qualify for the LLC, making the decision easy.

You can claim the AOTC and the LLC (as well as the deduction for tuition and fees) on the same tax return—but not for the same student or the same qualified expenses.

Other Tax Breaks for Education

Federal and state governments support higher education expenses through various tax credits, tax deductions, and tax-advantaged savings plans. Each of these programs can help lower your income tax liability and make education more affordable. Beyond the AOTC and the LLC, be sure to claim any education-related tax deductions for which you may be eligible, including those for:

Savings plans can also help with higher education expenses. These are tax-advantaged accounts that allow you to save—and pay for—education expenses. Two popular programs include:

Thanks to the Tax Cuts and Jobs Act, you can now use up to $10,000 of 529 plan distributions to pay for K–12 costs per beneficiary each year. Previously, you could use the funds only for college and other postsecondary education expenses.

AOTC Example

Rosa is a full-time undergraduate college student at a four-year institution. She also works for a law firm. Her parents have a substantial 529 savings account in place, but it doesn’t cover all of Rosa’s expenses. Rosa also has a student loan with deferred payments and interest until after graduation.

Rosa and her family pay her tuition with student loans and use funds from a 529 plan to cover room and board. Rosa receives her annual 1098-T statement and, since she is working, she plans to take the AOTC herself. She is eligible for both the AOTC and the LLC, but she chooses the AOTC because it provides a larger credit and is partially refundable.

Rosa paid her tuition with a student loan, which is allowable for the AOTC. The AOTC helps alleviate any tax that she owes and she also gets a partial refund. Rosa doesn’t owe anything on her loans until after she graduates. The money distributed from the 529 was tax-free because it was used for room and board, which is a qualified 529 expense.

How Do I Claim the American Opportunity Tax Credit (AOTC)?

To claim the American Opportunity Tax Credit (AOTC), complete Form 8863 and submit it with your Form 1040 or 1040-SR when filing your annual income tax return. Enter the nonrefundable part of the credit on Schedule 3 of your 1040 or 1040-SR, line 3. The refundable portion of the credit goes on line 29 of the 1040 or 1040-SR.

Can I Claim the AOTC and the Lifetime Learning Credit?

Yes. You can claim the AOTC and the Lifetime Learning Credit (LLC) on the same tax return. However, you can’t claim both credits for the same student or the same expenses during a single tax year.

Can I Claim the AOTC if I Get a Grant?

Yes. However, you need to subtract that amount from your qualified education expenses before claiming the tax credit. So, if you have $5,000 in costs and a $4,000 grant, you would be able to claim $1,000 of qualified education expenses for the AOTC. For the purposes of the AOTC, grants include:

  • Tax-free parts of scholarships and fellowships
  • Pell Grants and other need-based education grants
  • Employer-provided assistance
  • Veterans’ educational assistance
  • Any other tax-free payments that you receive for educational aid (excluding gifts and inheritances)

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