<p>I've started on this year's taxes, and have hit a snag that I'll bet others will run into in one form or another. I'm going to take the Higher Education Tuition and Fees Deduction, since we don't qualify for the Hope or Lifetime Learning Credit, but I believe that the same situation applies to these as well: you're not allowed to claim as a deduction any tuition you paid with the earnings portion of a 529 or with withdrawls from a (Coverdale) Education Savings Account. </p>
<p>We paid roughly 4500 in qualified, but non-tuition expenses (books, room & board, fees) and 2000 in tuition, thanks to scholarships and employee tuition benefits. Of this $6500, we paid almost exactly 4500 of the bill from an ESA and from the earnings portion of a 529. Can I still claim a $2,000 tuition deduction under the Higher Ed deduction? That is, can I allocate that money in the way that gets me the biggest tax break, effectively saying, "I used the ESA and 529 interest money to pay qualified, but non-tution expenses, and used 'my own' money to pay tuition."</p>
<p>I've been through the voluminous IRS publication on these education deductions, and can't seem to find the answer, though I'm sure it's there somewhere.</p>
<p>Yes you can. ESA Distributions are tax-free as long as they are used for qualified education expenses, such as tuition and fees, required books, supplies and equipment and qualified expenses for room and board.</p>
<p>My problem is not figuring out whether ESA distributions are tax free; it's dealing with the catch that you're not allowed to use that tax benefit AND the Higher Ed Tuition Deduction (or Hope or Lifetime Learning credits) with the same funds.</p>
<p>MM88 - I'm sure there's some esoteric and deeply-buried IRS regulation covering this. But it doesn't make sense to spend a bunch of time chasing it down. I'd be inclined to take the deduction on the basis you enunciate, and put a note in your file in case the IRS requests that you elucidate further. JHMO (as a taxpayer and someone who's written tens of thousands of dollars in education checks in hopes of getting a couple thousand back via the Tuition Deduction).</p>
<p>your non-tuition expenses (books, room & board, fees), 4500 is "qualified education expenses" of ESA as tax-free under irs regulation. This allocation of your available funds is your option; then, you are not allowed this fund to apply any other deduction or credit.</p>
<p>your tuition expense, 2000, out of pocket (not ESA), can be applied to tuition deduction or Hope/Lifetime credit. This is what you asked, right.</p>
<p>the definition of "related expense" (non-tuition) is different on 'tuition and fees deduction', H/L credit, and ESA. Just make sure and allocate your expense wisely. Keep records.</p>