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Old 02-15-2017, 06:56 PM
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H1b claiming tax deduction of F1 spouse for 1098-T

I am on H1b working in US.
My wife is doing her MS in US from Fall-2016 on F-1 visa.
I am paying her tution fees and other study expenses.
If I am filing my tax return with Married Filing Jointly, can I claim tax deduction for her tution fees based on 1098-T received from hew college?
Does she need to be on H4 visa in order for me to claim tax deduction?



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Old 02-16-2017, 01:16 AM
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My wife is doing her MS in US from Fall-2016 on F-1 visa.
I am paying her tution fees and other study expenses.
If I am filing my tax return with Married Filing Jointly, can I claim tax deduction for her tution fees based on 1098-T received from hew college?===>Correct; I assume that you are a US resident for tax purposes, then, You are entitled to claim eligible tuition fees paid for part time and full time session The Tuition and Fees Deduction is an above-the-line deduction, so you do not need to itemize to claim it on your tax return.

Does she need to be on H4 visa in order for me to claim tax deduction?==>It depends; as said once yu are a US resident for tax purposes, then you may claim the deduction on your return aslongas you file your return as a MFJ,NOT MFS; You will NOT qualify for the Tuition and Fees Deduction if Your filing status is married filing separately;also You are claiming either the Lifetime Learning Credit or The American Opportunity Credit, then you can not claim your tuition and fee deduction.



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