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Former tax preparer here. There's another wrinkle about the AOTC (American Opportunity Tax Credit) that often causes confusion: the student must be pursuing a degree and can't have completed their first 4 years of post-secondary education before the tax year. This is separate from the 4-year claim limit. So even if you've never claimed it before, you might not qualify if you're in year 5+ of your education. But the Lifetime Learning Credit doesn't have this restriction. Also, income limits for both credits are different. For 2025, AOTC starts phasing out at $80,000 (single) or $160,000 (married filing jointly), while LLC phases out starting at $60,000 (single) or $120,000 (married).
Thanks for the clarification! So if I'm in graduate school now, I'm completely ineligible for the AOTC regardless of whether I've claimed it before, right? I should only be looking at the Lifetime Learning Credit?
Correct. If you're in graduate school, you're generally ineligible for the AOTC regardless of whether you've used it before. Graduate-level education is considered beyond the first 4 years of post-secondary education, so you'll want to claim the Lifetime Learning Credit instead. The only possible exception would be if you're in a graduate program but technically haven't completed your first 4 years of undergraduate education (unusual but possible in some accelerated programs). In most normal situations though, graduate students should be claiming the Lifetime Learning Credit.
Umm I'm confused. Does the school matter? I went to community college for 2 years, then transferred to university. Does that count as 2 years of AOTC or 4? My dad's tax guy told us different things each time.
It doesn't matter which school you attend or if you transfer - it's the total number of years you've claimed the AOTC that counts, not the number of schools. So if you claimed AOTC for 2 years at community college, you'd have 2 years of eligibility left, regardless of where you continue your education.
Have you tried looking at the examples in Publication 514? That helped me understand Form 8801 Part III better than the actual form instructions. Specifically, there's an example that walks through how the minimum tax credit interacts with foreign tax credits. Also, check if you're tracking your credit carryforwards correctly from year to year. I messed that up once and lost track of credits I was entitled to.
I didn't even know about Publication 514 having examples for this! Thank you for the tip - I'll definitely look into that. Do you happen to know if there's any time limit on claiming these credits? Like if I missed claiming them a few years ago, can I still go back and get them?
Generally, you can file an amended return to claim missed credits for up to 3 years from the original filing deadline or 2 years from when you paid the tax, whichever is later. For AMT credits specifically, they can carry forward indefinitely until used up, but you need to be tracking them correctly each year. If you never claimed your AMT on Form 8801 in subsequent years, you might need to file amended returns for those years to establish the credit carryforward properly.
One thing that hung me up on Form 8801 Part III was understanding line 21 where it compares your regular tax liability to your tentative minimum tax. This is essentially the gatekeeper for how much of your credit you can use. If your regular tax is already lower than your tentative minimum tax for the current year, you won't be able to use much (if any) of your AMT credit from previous years. Frustrating but logical when you think about the purpose of AMT.
This makes sense to me now! I was wondering why I couldn't use my full credit amount even though I had a large carryover from last year. My tentative minimum tax was limiting me.
Exactly! It's frustrating but makes sense from a policy perspective. The AMT was designed to ensure everyone pays at least some minimum amount of tax, so they won't let your credit reduce your tax below that minimum threshold in the current year. The good news is that any unused credit continues to carry forward until you can use it in a future year when your regular tax exceeds your tentative minimum tax by a larger margin.
One important thing to consider - even if you're under the filing threshold, you might actually WANT to file if you're eligible for refundable credits like the Earned Income Credit. Sometimes filing when you don't "have to" can actually get you money back. My brother was in a similar situation last year where he wasn't required to file, but when he did, he qualified for about $800 in refundable credits. Just something to look into before you try to undo your filing.
That's a really good point! In my case though, I checked and don't qualify for any refundable credits. My income was too low and it was all from 1099 gig work. Do you think that strengthens my case for trying to get the money back?
Yes, that definitely strengthens your case! Since you don't qualify for any refundable credits, you have a clearer argument that you wouldn't have owed anything if you hadn't filed. I still think you'll need to file that 1040X with a very detailed explanation letter. Make sure to specifically state that you're requesting a refund because your income was below the filing threshold and you don't qualify for any refundable credits that would have made filing beneficial. Be prepared for a long wait though - amendments can take 6+ months to process.
Just a heads up - the IRS is actually pretty reasonable about this kind of situation if you explain things clearly. My mom had a similar issue and filed an amended return with a letter explaining she was below the threshold. She got her money back after about 5 months. The key was including a detailed explanation letter and calling to confirm they received everything. Don't give up!
Did she use a tax professional or do it herself? I'm wondering if I need to hire someone for this.
One thing that helped me understand income tax was thinking about the big picture of how the tax system works. Basically, the government wants a piece of ALL money that comes to you (with some exceptions). Your "income" includes money from: - Your job (wages, salary, tips) = earned income - Money your money makes (interest, dividends, capital gains) = unearned income - Other sources (gambling winnings, some prizes, etc.) Then the tax code lets you SUBTRACT certain things (deductions) from that total before calculating your tax. The standard deduction ($13,850 for singles) is the simple option. Or you can "itemize" if you have lots of qualifying expenses like mortgage interest, big medical bills, etc. After subtractions, you get your "taxable income" - and that's what determines your actual tax bill using the tax brackets. Hope this helps!
This is a good explanation but you're missing tax CREDITS which are even better than deductions! Deductions reduce your taxable income, but credits reduce your actual tax bill dollar-for-dollar. Like the Earned Income Credit can be worth thousands if you qualify!
You're absolutely right! Credits are super valuable and I should have mentioned them. Deductions reduce your taxable income, while credits directly reduce your tax bill, making them more powerful. Some common credits include the Earned Income Tax Credit (EITC) for low to moderate income workers, Child Tax Credit if you have kids, American Opportunity Credit for education expenses, and Retirement Savings Contributions Credit (Saver's Credit) if you contribute to retirement accounts while having moderate income. Thanks for pointing this out - credits can make a huge difference in your final tax bill!
Is anyone else confused about the difference between a tax DEDUCTION and a tax EXEMPTION? I keep seeing these terms when reading about income tax and I'm not sure if they're the same thing or different. Also, do tax brackets apply to your whole income or just the amount in each bracket?
Tax deductions and exemptions are similar but different. Deductions are expenses that reduce your taxable income (like student loan interest or charitable donations). Personal exemptions used to be a thing (a set amount you could deduct for yourself and dependents) but they were eliminated by the 2017 tax law until 2025. For tax brackets, they only apply to the income within each bracket (this is called "marginal" taxation). For example, if you're single with $48,000 taxable income in 2023, you'd pay 10% on the first $11,000, then 12% on the income from $11,001 to $44,725, and 22% only on the amount from $44,726 to $48,000. People sometimes think getting into a higher bracket means ALL their income gets taxed at the higher rate, but that's not how it works.
MoonlightSonata
I successfully claimed the 45W credit for my consulting LLC last year. Here's what worked for me: 1) I printed the IRS guidance on 45W and brought it to the dealership 2) Asked for the manager - sales guys usually aren't trained on this 3) Got a signed statement from them confirming the vehicle qualifies 4) Made sure I had detailed invoice with VIN, price breakdown, etc 5) Took photos of the vehicle sticker showing it's electric/qualified My accountant said the documentation was perfect. The dealer initially tried to brush me off but when I showed up prepared they took me seriously.
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Mateo Gonzalez
ā¢Did you file any special forms besides the regular business tax forms? My accountant seems confused about this.
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MoonlightSonata
ā¢Yes, you need to file Form 8936 (Qualified Plug-in Electric Drive Motor Vehicle Credit) with your business tax return. This is where you actually claim the credit. Make sure your accountant is familiar with business vehicle credits specifically. Some accountants primarily handle individual returns and aren't as familiar with the business-specific credits like 45W. I had to switch accountants last year because mine wasn't confident about handling specialized business credits.
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Nia Williams
Has anyone tried getting this credit for a used EV for their business? My LLC is small and I'm looking at a used Tesla Model 3 instead of new.
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Luca Ricci
ā¢The 45W clean vehicle credit is only for new vehicles purchased for business use, not used ones. There's a separate credit (IRC 25E) for used clean vehicles, but that's for individuals, not businesses. If you buy used, you won't qualify for the 45W. You might be better off leasing new if budget is a concern, though as others mentioned, the leasing company typically gets the credit in that case.
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