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Can I claim the refundable AOTC credit if I was part-time in my final semester?

I'm trying to figure out my eligibility for the American Opportunity Tax Credit (AOTC). I graduated with my Bachelor's degree in May 2023, and during my final semester (January-May), I was only enrolled part-time since I just needed a few classes to finish. I'm getting conflicting information from different tax software. I tried TurboTax first, and it calculated that I should receive $1000 from the AOTC. But when I entered the same information in FreeTaxUSA, it says I should get $0. FreeTaxUSA shows this message: "The 40% refundable part of the American Opportunity Credit is only available if you provided one half or more of your own support during 2023. You are still eligible for the nonrefundable part of the American Opportunity Credit no matter how you answer the question below." Since my parents provided more than half of my support in 2023, I initially thought I wasn't eligible for the refundable portion. But when I read the requirements more carefully, it says: "If you're under age 24, you can't claim the refundable American Opportunity Credit if all three situations below apply to you: 1. You were: * Under age 18 at the end of 2023, or * Age 18 at the end of 2023 and your earned income was less than one-half of your support, or * Over age 18 and under age 24 at the end of 2023 and a full-time student for five months or more and your earned income was less than one-half of your support. 2. At least one of your parents was alive at the end of 2023. 3. You're not filing a joint return with a spouse for 2023." Since I was NOT a full-time student for five months or more in 2023 (only part-time in my final semester), it seems like not all three situations apply to me. Is this a loophole that makes me eligible for the refundable portion? I don't want to claim something I shouldn't and end up owing it back later. Any advice on whether I should claim this $1000 refundable credit?

Andre Dubois

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Another thing to consider is whether you've already claimed the AOTC for 4 tax years. The AOTC can only be claimed for a maximum of 4 tax years per student. If you've been in school for more than 4 years or took some time off, you might have already maxed out your eligibility.

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Zara Khan

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I've only claimed it for 3 previous tax years (2020, 2021, and 2022), so this would be my 4th and final year of eligibility. I did check that part!

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Andre Dubois

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Perfect! Then you should be good to go on that front. The 4-year limit trips up a lot of people, especially if they've taken gap years or had a non-traditional education path. Since this is your 4th year claiming it, make sure to keep extra good documentation in case of an audit.

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CyberSamurai

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Confused about one thing - if the student is claimed as a dependent, who actually gets to claim the AOTC? The student or the parent? My son is in college and we claim him as dependent.

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Luca Ferrari

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If you claim your son as a dependent, then YOU (the parent) would claim the AOTC on your tax return, not your son on his return. The person who claims the student as a dependent gets to claim the education credits. The only exception is the refundable portion we're discussing here. If your son meets all AOTC qualifications but doesn't meet the disqualifying factors (like not being a full-time student for 5+ months), then he could potentially receive the refundable portion on his return even if you claim the non-refundable portion.

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I'm a freelance illustrator in Australia who works with US clients regularly. Here's what I've learned: 1. Create a professional invoice that clearly states it's a "Tax Invoice" at the top 2. Include both your country's tax ID (if you have one) and note that you're not registered for GST 3. Specify that the amount is "GST/VAT exempt - exported service" 4. Make sure to keep copies of everything for your annual tax filing Most US companies are used to working with international contractors. They'll likely have you fill out a W-8BEN form which just confirms you're not a US person for tax purposes. Also, definitely check with your client whether the agreed amount is pre-tax or the final amount you'll receive. In my experience, when US clients quote a price, they mean the exact amount they'll pay you - no hidden deductions.

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Raul Neal

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Thanks for this advice! When you say to keep copies of everything, how long do you typically hold onto those records? And has any US client ever withheld any taxes from your payments despite having the W-8BEN on file?

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I keep all my records for at least 7 years, which is what our tax office recommends in Australia. It's better to be safe than sorry when it comes to tax documentation, especially for international work. I've never had a US client withhold taxes after properly filing the W-8BEN form. That's actually the whole purpose of the form - it certifies you're not subject to US tax withholding. In the rare case where a client does withhold something, you should contact them immediately as they've likely made an error in their accounting system.

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Just a quick heads up - even though you're not charging GST to your US client, you still need to include all this income in your annual NZ tax return. The IRD will want to know about all your worldwide income. As your income grows from freelancing, you might want to look into whether you should register for GST voluntarily. There can be advantages if you're purchasing equipment or services for your business, as you can claim back the GST on those purchases. Also, keep track of your exchange rates when you receive payment. The IRD will want you to convert your USD income to NZD for tax reporting purposes. You can use the official IRD rates or keep records of the actual exchange rate when you received payment.

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Laila Prince

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This is super helpful! Do you know if there's a specific form or section in the NZ tax return where international income needs to be reported differently than domestic income? I'm just starting out with US clients too.

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Is it possible someone stole your identity and was trading under your name/SSN? If you're sure you didn't make these trades, could be worth checking your credit report and putting a freeze on your credit while you sort this out.

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Dylan Fisher

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I honestly hadn't considered identity theft! I did trade on the platform, but definitely not enough to generate $29,800 in proceeds. Is there a way to check if someone else accessed my account? I'm going to download my credit reports right now just to be safe.

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Most trading platforms have login histories you can request that show IP addresses, devices, and timestamps of account access. Contact WealthSurge's security team specifically and ask for this information - explain your situation and they should provide it. Also, when you get your trading records, look carefully for any transactions you don't recognize or that happened after you thought you stopped using the platform. If you do find evidence of unauthorized access, file a police report immediately - you'll need it to dispute the tax bill on grounds of identity theft.

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Daniel White

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Make sure you respond to the IRS letter ASAP even if you don't have all your documentation yet! I ignored a letter like this thinking I'd deal with it after I had all my paperwork in order, and they put a lien on my bank account. Just send something in writing acknowledging the letter and stating that you're gathering information to dispute the amount.

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Nolan Carter

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What's the best way to respond? Should you call or send a letter? And does it have to be certified mail or anything specific?

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Mason Kaczka

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Just a different perspective - I quit mid-season last year and it was the best decision I ever made. Yes, it burned some bridges, but my mental health improved instantly. Found a bookkeeping job that pays almost the same but with normal 40-hour weeks and no screaming clients. Sometimes it's just not worth it. Just make sure u have something else lined up first! The job market isn't great right now.

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Drake

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Did you give notice or just walk out? I'm worried about how to handle it professionally if I do decide to leave. Also, were you able to use the tax experience on your resume effectively even though you didn't finish the season?

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Mason Kaczka

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I gave one week's notice, which was less than they wanted but all I could handle mentally. I was honest but professional - just said the hours and stress were more than I anticipated and affecting my health. My direct supervisor was actually understanding even if upper management wasn't thrilled. I absolutely still list the experience on my resume! I just write the months I worked there (Jan-March) without drawing attention to the fact I left before April 15. During interviews, if asked directly, I'm honest that the 70+ hour weeks were not sustainable with my health, but I emphasize what I learned. Most interviewers seem to respect the honesty rather than seeing it as a red flag.

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Sophia Russo

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Has anyone tried using tax prep software to make the job easier? I been using ProSeries and it helped me speed up a lot of the basic returns. Can use the time saved on the easy ones to focus on the complicated clients.

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Evelyn Xu

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Most tax prep places already require using their specific software. The software itself isn't usually the problem - it's the volume of clients, unrealistic appointment scheduling, and dealing with people who are stressed about money and taking it out on you.

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Have you checked your tax software from last year? If you used TurboTax, H&R Block, TaxAct, etc., you should be able to log in and access all your forms from previous years. Most keep them for at least 3-5 years. That's how I found my 5329 from 2021.

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I actually used a small local tax preparer last year who has since closed their business. I tried reaching out to them directly but their phone is disconnected. I don't have access to whatever software they used. That would've been the easy solution!

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That's unfortunate about your preparer closing shop. In that case, the transcript route others suggested is probably your best bet. For the future, I'd recommend always saving a PDF copy of your complete return somewhere secure like a password-protected cloud storage. I learned that lesson the hard way too. I've had good experiences with the IRS transcript system for basic stuff, but for something specific like Form 5329, you might need to go with one of the other suggestions here to get the full details.

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Emma Davis

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Why do you need the previous 5329 anyway? Are you trying to file a new one this year or dealing with an audit? Depending on what you need it for, there might be easier solutions than tracking down the exact form.

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Good question. I've had to reference previous 5329s when dealing with multiple years of early withdrawals. The IRS sometimes gets confused about which tax years penalties have already been paid for.

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