Author Topic: 529 savings plan, Lifetime Learning Credit, and double dipping  (Read 2447 times)

Neverstop

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I am trying to combine a 529 savings plan and the Lifetime Learning Credit(LLC) to get a tax break on both my federal and state return for 2017 but I am a bit confused if its possible and unsure if this would be covered under double dipping. I live in Indiana which allows me to credit 20% of contributions to a state qualified 529 plan on my state return up to a max of $5k in contributions which would yield a credit of up to $1k. The LLC allows one to credit 20% of qualified higher education expenses on their federal return up to $10k which would yield a credit of up to $2k.

I will have maybe $6-8k in tuition this year and it was my understanding that double dipping would if i were to claim the LLC for my entire tuition and then also try to get the tuition deduction for that same amount on my federal return, correct?

If I were to claim the LLC on my federal return and then claim the Indiana credit on my state return would this qualify as double dipping? Im leaning towards no and I cant find anything that might conflict.

seattlecyclone

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Re: 529 savings plan, Lifetime Learning Credit, and double dipping
« Reply #1 on: April 11, 2017, 04:44:19 PM »
For the purpose of your federal taxes, you're right that you can't use the same education expenses for tax-free 529 withdrawals and the Lifetime Learning Credit. See Publication 970 for the rules about tax-free 529 withdrawals when you're also claiming the Lifetime Learning Credit.

But! It sounds as though you're putting money into a 529 to get the state tax credit, and then immediately spending it on education. Is that right? You could still take money out of the 529 to pay these expenses. Nobody's stopping you. It's just that any gains on the part of the withdrawal that went toward expenses that you also counted for the Lifetime Learning Credit would count as taxable income (but no 10% penalty: see exception 5 in Publication 970). If you just contributed to the 529 recently, any gains would be minimal, so this shouldn't be a big deal.

The real question here is this: does the Indiana tax credit have a provision where you have to repay the 20% incentive if, at the time you withdraw from the 529, it doesn't count as a qualified distribution because your tuition was low enough that it all counted toward the Lifetime Learning Credit? This I can't answer. I know nothing about Indiana taxes.

Another thing to consider: for the purpose of 529s, "qualified education expenses" include room and board for students who are enrolled on at least a half-time basis. Are you? If so, your housing and food expenses would count in addition to your tuition. Also whether you're half-time or not, any money you spend on computer equipment or internet access you plan to use during your studies counts as a qualified expense for the 529.

Neverstop

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Re: 529 savings plan, Lifetime Learning Credit, and double dipping
« Reply #2 on: April 11, 2017, 11:28:22 PM »
Yes, I will be putting money in and then immediately withdrawing it and paying my tuition with it.

The only thing I can find on recapture is that if an unqualified withdrawal is made then the account owner must pay the 20% recapture tax,  not the person who contributed.

http://www.in.gov/dor/reference/files/ib98.pdf

seattlecyclone

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Re: 529 savings plan, Lifetime Learning Credit, and double dipping
« Reply #3 on: April 12, 2017, 09:45:34 AM »
That PDF defines "qualified withdrawal" in a particular way for Indiana purposes. Instead of simply referring to the federal definition, it differs in a few important respects. I don't see anything in there that forces you to subtract federal tax credits from your qualified distributions. Might be worth consulting a local expert just to be sure though.