Four months a full time student?

High school counts too, but if he took some time off after high school then, no he doesn't meet the definition of full-time student for 2006.

It makes a difference if he was 19 or older on 12/31/2006 and had more than $3,300 of income in 2006. If that's the case and he was not a full-time student, he is not your qualifying child for 2006. See IRS Publication 501.

-- Phil Marti Clarksburg, MD

was your kid a high school student for 5 months during the year? ___________________________________

-----> real address on hobokeni or hobokenx

It is correct that a person has to be a full-time student in

5 different months of a tax year to be considered a full-time student. To answer your question about whether your son qualifies I have some questions. How old is your son? When did he graduate high school? Are you sure the Fall session didn't start in late August?

Full time students, and their parents, get tax breaks that are not available for part-time students. For example, parents can claim a dependency exemption for a full-time student child age 19-23 without regard for the child's income.

If your son is a full time freshman (I'm assuming college student), and is under the age of 24, you may still be able to claim him on your taxes. The dependent is deemed a full time student if he has been enrolled in at least 12 credit hours a semester for 5 months throughout the year. This also makes you eligible for the Hope and Lifetime Learning Credits. I'm not familiar with Tax Cut but, I would check for Form 8863, to make sure you get one. Also I believe if he was a high School student through the preceding year, and has enrolled in a University as a full time student in August, then he is still considered a full time student. Regardless, if he is under nineteen it is a moot point

If he is at least age 19 but under age 24, then in order for him to be your dependent, one rule requires he be a full time student. This means a full-time student for any portion of any five months. Sept - Dec is 4 months. If his academic term or semester or quarter began in late Auigust, even August 31, that counts as one more month. If he was a full time student earlier in the year, January

2006 for example, that counts. It is possible, based on his income being less than $3300, that he can still be your dependent, but there could be advantages if a full-time student.

-- Art Kamlet ArtKamlet @ AOL.com Columbus OH K2PZH

One point of clarification here. The five months rule reads to the effect that one is a student if he is in school during some parts of five months during the year. If it were a full five months required, then high schoolers who graduate in May would not qualify. ChEAr$, Harlan Lunsford, EA n LA

He turned 19 in November. 6 months of high school and 4 months of college, all full time. I expect his income will be over $3,300. It makes sense that he is a full time student since he attended school for 10 months, but TaxCut specifically asks about higher education.

His income doesn't matter since he's under 24 and was a fulltime student in at least 5 months of 2006. He is a "qualifying child" for dependency, EIC and Head of Household filing status.

The education credits apply to only post high school, so this is information that the software will also need. Once again a reminder that all you can count on from software is a pretty return. You really need to understand what goes where on the return and check it carefully after the computer produces it.

-- Phil Marti Clarksburg, MD

Bewildered wrote:>

That would be a flaw in Tax Cut. From your facts, your son is a full time student.

I haven't used TaxCut in years, but the "interview" question seems to be worded incorrectly, which is not unusual for tax prep programs. There is a Yahoo Group devoted to discussion of TaxCut. I believe there was a Yahoo Group devoted to the discussion of the TaxCut software, but I can't find it any more.

-- Vic Roberts Replace xxx with vdr in e-mail address.

Remember this, then. If your son still lives at home, and you are providing more than half of his support, he will not claim his own exemption on his own tax return and being a student won't matter one bit to him. It will to you, however. You claim his exemption, and if there are any education related credits or tuition deduction, or tuition tax credit, then it's yours to claim. And chances are your tax bracket is higher than his, so it is beneficial to you. ChEAr$, Harlan Lunsford, EA n LA

Obviously my response was not properly edited.

I meant to delete the first reference to the yahoo Group but failed to do so.

-- Vic Roberts Replace xxx with vdr in e-mail address.