Tax Deduction inquiry

[yasmin78]

Is there any way he could deduct the tuition fee, books, supplies, laboratory fees, and similar items?

Thanks

[FlyingRon]

It depends how much he makes.


[url]http://www.irs.gov/pub/irs-pdf/p970.pdf[/url]

[tecate]

You're going to law school? LOL I would like to be a fly on the wall to hear what the first lawyer you work for says to a question like this. Perhaps a spicy form of "what did we hire you for?" Next time, at least give us a clue that you cracked a book but were unsuccessful.

[abezon]

Assuming he is a resident under the substantial presence test, you can elect to file jointly with him, & then your tuition & fees can be used for a deduction/learning credit on the joint return. He cannot claim you as a dependent because you are likely not a resident under tax law due to the student visa.

Definitely see a professional tax preparer with some international experience. A tax treaty may also be relevant.

[LdiJ]

Originally Posted by abezon

Assuming he is a resident under the substantial presence test, you can elect to file jointly with him, & then your tuition & fees can be used for a deduction/learning credit on the joint return. He cannot claim you as a dependent because you are likely not a resident under tax law due to the student visa.

Definitely see a professional tax preparer with some international experience. A tax treaty may also be relevant.

A husband wouldn't claim a wife as a dependent anyway.

[abezon]

Originally Posted by LdiJ

A husband wouldn't claim a wife as a dependent anyway.

True, though there are circumstances where a taxpayer may claim a spouse's personal exemption on a married filing separate return, which is functionally the same thing.