Sec. 1201. American opportunity tax credit
1,844 words·~8 min read·
/bill/115/hr/1/pcs/section-1201A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 25A is amended to read as follows: In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of— 100 percent of so much of the qualified tuition and related expenses paid by the taxpayer during the taxable year (for education furnished to any eligible student for whom an election is in effect under this section for such taxable year during any academic period beginning in such taxable year) as does not exceed $2,000, plus 25 percent of so much of such expenses so paid as exceeds the dollar amount in effect under paragraph
(1)but does not exceed twice such dollar amount. 40 percent of the credit allowable under subsection (a)(1) (determined without regard to this subsection and section 26(a) and after application of all other provisions of this section) shall be treated as a credit allowable under subpart C (and not under this part). The preceding sentence shall not apply to any taxpayer for any taxable year if such taxpayer is a child to whom section 1(d) applies for such taxable year. The amount allowable as a credit under subsection
(a)for any taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable (determined without regard to this subsection and subsection
(b)but after application of all other provisions of this section) as— the excess of— the taxpayer’s modified adjusted gross income for such taxable year, over $80,000 (twice such amount in the case of a joint return), bears to $10,000 (twice such amount in the case of a joint return). For purposes of this subsection, the term modified adjusted gross income means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. An election to have this section apply may not be made for any taxable year if such an election (by the taxpayer or any other individual) is in effect with respect to such student for any 5 prior taxable years. No credit shall be allowed under subsection
(a)for a taxable year with respect to the qualified tuition and related expenses of an eligible student if the student has completed (before the beginning of such taxable year) the first 5 years of postsecondary education at an eligible educational institution. In the case of an eligible student with respect to whom an election has been in effect for 4 preceding taxable years for purposes of the fifth taxable year— the amount of the credit allowed under this section for the taxable year shall not exceed an amount equal to 50 percent of the credit otherwise determined with respect to such student under this section (without regard to this subparagraph), and the amount of the credit determined under subsection
(b)and allowable under subpart C shall not exceed an amount equal to 40 percent of the amount determined with respect to such student under clause (i). For purposes of this section— The term eligible student means, with respect to any academic period, a student who— meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(a)(1) ), as in effect on August 5, 1997, and is carrying at least ½ the normal full-time work load for the course of study the student is pursuing. The term qualified tuition and related expenses means tuition, fees, and course materials, required for enrollment or attendance of— the taxpayer, the taxpayer’s spouse, or any dependent of the taxpayer, at an eligible educational institution for courses of instruction of such individual at such institution. Such term does not include expenses with respect to any course or other education involving sports, games, or hobbies, unless such course or other education is part of the individual’s degree program. Such term does not include student activity fees, athletic fees, insurance expenses, or other expenses unrelated to an individual's academic course of instruction. The term eligible educational institution means an institution— which is described in section 481 of the Higher Education Act of 1965 ( 20 U.S.C. 1088 ), as in effect on August 5, 1997, and which is eligible to participate in a program under title IV of such Act. No credit shall be allowed under subsection
(a)to a taxpayer with respect to the qualified tuition and related expenses of an individual unless the taxpayer includes the name and taxpayer identification number of such individual on the return of tax for the taxable year, and such taxpayer identification number was issued on or before the due date for filing such return. No credit shall be allowed under this section if the identifying number of the taxpayer was issued after the due date for filing the return for the taxable year. No credit shall be allowed under this section unless the taxpayer includes the employer identification number of any institution to which qualified tuition and related expenses were paid with respect to the individual. The amount of qualified tuition and related expenses otherwise taken into account under subsection
(a)with respect to an individual for an academic period shall be reduced (before the application of subsection (c)) by the sum of any amounts paid for the benefit of such individual which are allocable to such period as— a qualified scholarship which is excludable from gross income under section 117, an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or under chapter 1606 of title 10, United States Code, and a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for such individual's educational expenses, or attributable to such individual's enrollment at an eligible educational institution, which is excludable from gross income under any law of the United States. If an individual is a dependent of another taxpayer for a taxable year beginning in the calendar year in which such individuals taxable year begins— no credit shall be allowed under subsection
(a)to such individual for such individual’s taxable year, and qualified tuition and related expenses paid by such individual during such individual’s taxable year shall be treated for purposes of this section as paid by such other taxpayer. If qualified tuition and related expenses are paid by the taxpayer during a taxable year for an academic period which begins during the first 3 months following such taxable year, such academic period shall be treated for purposes of this section as beginning during such taxable year. No credit shall be allowed under this section for any amount for which a deduction is allowed under any other provision of this chapter. If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer’s spouse file a joint return for the taxable year. If the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall apply only if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection
(g)or
(h)of section 6013. No credit shall be allowed under this section for any taxable year in the disallowance period. For purposes of clause (i), the disallowance period is— the period of 10 taxable years after the most recent taxable year for which there was a final determination that the taxpayer’s claim of credit under this section was due to fraud, and the period of 2 taxable years after the most recent taxable year for which there was a final determination that the taxpayer’s claim of credit under this section was due to reckless or intentional disregard of rules and regulations (but not due to fraud). In the case of a taxpayer who is denied credit under this section for any taxable year as a result of the deficiency procedures under subchapter B of chapter 63, no credit shall be allowed under this section for any subsequent taxable year unless the taxpayer provides such information as the Secretary may require to demonstrate eligibility for such credit. In the case of a taxable year beginning after 2018, the $80,000 amount in subsection (c)(1)(A)(ii) shall each be increased by an amount equal to— such dollar amount, multiplied by the cost-of-living adjustment determined under section 1(c)(2)(A) for the calendar year in which the taxable year begins, determined by substituting calendar year 2017 for calendar year 2016 in clause
(ii)thereof. If any amount as adjusted under paragraph
(1)is not a multiple of $1,000, such amount shall be rounded to the next lowest multiple of $1,000. The Secretary may prescribe such regulations or other guidance as may be necessary or appropriate to carry out this section, including regulations providing for a recapture of the credit allowed under this section in cases where there is a refund in a subsequent taxable year of any amount which was taken into account in determining the amount of such credit. . Section 72(t)(7)(B) is amended by striking section 25A(g)(2) and inserting section 25A(f)(2) . Section 529(c)(3)(B)(v)(I) is amended by striking section 25A(g)(2) and inserting section 25A(f)(2) . Section 529(e)(3)(B)(i) is amended by striking section 25A(b)(3) and inserting section 25A(d) . Section 530(d)(2)(C) is amended— by striking section 25A(g)(2) in clause (i)(I) and inserting section 25A(f)(2) , and by striking in the heading and inserting Hope and Lifetime Learning credits . American opportunity tax credit Section 530(d)(4)(B)(iii) is amended by striking section 25A(g)(2) and inserting section 25A(d)(4)(B) . Section 6050S(e) is amended by striking subsection (g)(2) and inserting subsection (f)(2) . Section 6211(b)(4)(A) is amended by striking subsection (i)(6) and inserting subsection
(b). Section 6213(g)(2)(J) is amended by striking TIN required under section 25A(g)(1) and inserting TIN, and employer identification number, required under section 25A(f)(1) . Section 6213(g)(2)(Q) is amended to read as follows: an omission of information required by section 25A(f)(8)(B) or an entry on the return claiming the credit determined under section 25A(a) for a taxable year for which the credit is disallowed under section 25A(f)(8)(A). . Section 1004(c) of division B of the American Recovery and Reinvestment Tax Act of 2009 is amended— in paragraph (1)— by striking section 25A(i)(6) each place it appears and inserting section 25A(b) , and by striking with respect to taxable years beginning after 2008 and before 2018 each place it appears and inserting with respect to each taxable year , in paragraph (2), by striking Section 25A(i)(6) and inserting Section 25A(b) , and in paragraph (3)(C), by striking subsection (i)(6) and inserting subsection
(b). The table of sections for subpart A of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 25A and inserting the following new item: Sec. 25A. American opportunity tax credit. . The amendments made by this section shall apply to taxable years beginning after December 31, 2017.
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources