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Old 05-26-2009, 07:39 PM
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binational relationship tax question


I am in a binational same-sex domestic partnership in California. Not really by choice: we want to be married, but because of DOMA (federal) and Prop 8 (California), we're accommodating our dual-citizenship relationship with him going to school in order for us to be together geographically.

He's starting school at a California State University this fall as an international graduate student. I work and live in California, and am lucky to work for a company that grants him (my partner) medical insurance. However, tuition expenses are rising substantially for students this year, and I'm trying to become educated about the tax incentives we may potentially receive.

Can I help pay for his tuition and educational expenses and receive a tax incentive? Would it legal (legitimate) for me to create a scholarship fund for him at his university to facilitate a tax incentive for myself?

It is not my intention to break any laws: I just want to be aware of the law, and understand what my choices are.

Thank you!

What is the name of your state (only U.S. law)? California
  #2  
Old 05-26-2009, 09:39 PM
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Join Date: May 2004
Posts: 40,876
Quote:
Originally Posted by ishuffle View Post
I am in a binational same-sex domestic partnership in California. Not really by choice: we want to be married, but because of DOMA (federal) and Prop 8 (California), we're accommodating our dual-citizenship relationship with him going to school in order for us to be together geographically.

He's starting school at a California State University this fall as an international graduate student. I work and live in California, and am lucky to work for a company that grants him (my partner) medical insurance. However, tuition expenses are rising substantially for students this year, and I'm trying to become educated about the tax incentives we may potentially receive.

Can I help pay for his tuition and educational expenses and receive a tax incentive? Would it legal (legitimate) for me to create a scholarship fund for him at his university to facilitate a tax incentive for myself?

It is not my intention to break any laws: I just want to be aware of the law, and understand what my choices are.

Thank you!

What is the name of your state (only U.S. law)? California
No, you cannot claim any education credits or deductions for him.

No, you cannot create a scholarship aimed at a specific person and claim it as a charitable deduction.

I am a tax professional and there is simply no way within the tax code that you can end up with any deductions or credits for paying for his education. Its fruitless to continue to research the issue.
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