Daughter is in college.
Tuition last year was $45K, $30K was paid by 529 withdrawals paid directly to the school. I control the 529, but the 1099-Q was in daughter's SSN
Daughter earned roughly $9K in summer job and had some taxes withheld.
We would not claim her anyway on 1040, since we are beyond exemption phaseout.
I tried to compute the support test to see if she paid 1/2 of her own support and it all comes down to whether the 529 withdrawal was her own support.
I've been reading opinions on the web, and they vary. This is apparently an unsettled issue (or is it?). Fortunately in her case, the decision doesn't change her tax liability - it's zero anyway.
If she is considered to have paid her own support, then she gets an exemption, which eliminates all of her taxes, and she gets a full refund of her withholding.
If she is considered not to have paid her own support, she gets the American Opportunities Tax Credit (AOTC) which eliminates all of her taxes, and she gets a full refund of her withholding.
This is only the 2nd year she would be claiming the AOTC. She is graduating in 2014, so it doesn't affect her AOTC eligibility for 2014 anyway.
The only difference I can see is whether or not I can claim her for Massachusetts tax purposes, which I could have if she didn't provide more than 1/2 of her own support. If I don't claim her, it only costs me $105 because I lose the state exemption.
Her tuition is deductible for Massachusetts state taxes, so she gets a full refund of state taxes whether or not she claims a state exemption. If I don't claim one, she can.
I'm trying to be safe.
What I'm thinking of doing is not claiming her for state taxes, and taking the position that she did provide more than 1/2 of her own support and having her take the exemption, but submitting form 8863 anyway showing that she is eligible for a non-refundable tax credit, which turns out to be zero because she doesn't owe any taxes anyway. I figure that if someone questions whether or not she was allowed to take the exemption, then at least she filed the 8863 showing her eligibility to eliminate her federal taxes from the AOTC. I hope this would dissuade someone from asking since it won't result in any more taxes.
Does this make sense?
How would the pros handle this?