Tax question: Can my mother claim my 1098-T form if I'm not her dependent?
I'm 23 and still living with my parents temporarily, but I don't qualify as a dependent since I work full-time (making well above the income threshold) and attend college full-time. Last year when I was living on my own, I claimed my 1098-T form and got a really helpful education tax credit. Now that I'm back home temporarily, my mom is insisting she should get my 1098-T to claim on her taxes even though I'm not her dependent. I pay for most of my education through a 529 account that was funded by my grandparents specifically for my education, plus some contributions my parents made years ago. My parents do match a portion of what I contribute toward tuition, which I appreciate, but that was their offer and hasn't been an issue before. My main question is: If I'm NOT a dependent and I'm primarily paying for school from my own 529 account, can my mother legally take my 1098-T form and claim the education credit instead of me? I'm really counting on this credit as part of my plan to move out again soon - I've been saving up and this would really help me reach my goal faster. Any advice would be super appreciated!
17 comments


Paolo Ricci
The 1098-T education credits generally follow the dependent status. Since you're not a dependent (you work full-time and support yourself), you would be the one entitled to claim any education credits associated with your 1098-T. The key factors that make you not a dependent include your income level (sounds like you exceed the gross income test for qualifying child) and the fact that you provide more than half of your own support through your work and the 529 plan. Even though you're living with your parents, these factors mean you're independent for tax purposes. For the 529 plan, it's important to note that distributions from a 529 are considered the student's educational expenses, even if grandparents or parents set up the account. Since you're the beneficiary of the 529 and not a dependent, you would be the one to claim any eligible education credits.
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Amina Toure
•Thanks for the info! I have a similar situation, but I'm confused about the 529 part. If my parents are the account owners of my 529 (not me), but I'm the beneficiary, does that change anything? Does it matter who makes the withdrawals from the account?
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Paolo Ricci
•The ownership of the 529 account doesn't affect who claims the education credit. What matters is whose education expenses are being paid and their dependent status. Even if your parents own the 529 account, if you're not their dependent and the funds are paying for your education, you would claim the education credits on your tax return. For withdrawals, it doesn't matter who physically makes them from the account. The tax benefits follow the student (you) if you're not a dependent, regardless of who owns or withdraws from the account.
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Oliver Zimmermann
I had this EXACT same problem last year with my dad trying to claim my college expenses. I was super stressed about it until I found https://taxr.ai - it analyzes your tax documents and tells you exactly who can claim what. I uploaded my 1098-T and some basic info about my situation, and it confirmed I was entitled to claim my own education credits since I wasn't a dependent. The report they gave me explained everything in simple terms about the American Opportunity Credit and Lifetime Learning Credit. It even had citations to specific IRS rules that I showed my dad when he kept arguing with me. Saved me about $2,500 in tax credits that I absolutely needed.
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Natasha Volkova
•Did you have to pay for this service? I'm dealing with almost the same situation with my mom who keeps insisting she can claim my tuition expenses even though I support myself. I'm worried about getting audited if we both try to claim the same expenses.
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Javier Torres
•How accurate is this service? I've been filling my own taxes for years but education credits always confuse me. My sister is in college and we're trying to figure out if she or my parents should claim her expenses since she lives at home but has a part-time job.
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Oliver Zimmermann
•The basic document review was free when I used it, but I think they have premium options too. The most valuable part was getting that detailed explanation of exactly why I qualified to claim my own credits - having that official-looking report really helped end the argument with my dad. The service is super accurate - they use the actual IRS rules and tax code. For your sister's situation, it really depends on whether she qualifies as a dependent. If your parents provide more than half her support (housing, food, etc.), they might be the ones who should claim the credit even if she has some income from a part-time job.
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Natasha Volkova
Just wanted to update - I tried that taxr.ai site mentioned above and it was surprisingly helpful! Uploaded my 1098-T and answered a few questions about my living situation and income. The report clearly showed I wasn't a dependent and explained exactly why I was entitled to claim my own education credits. What I found most useful was the explanation about how 529 distributions work tax-wise. Even though my parents contributed to the 529, since I'm not their dependent, I get to claim the credits. I showed the report to my mom, and though she wasn't happy about it, she finally understood and backed off. Saved me over $2,000 in tax credits that I really need for my apartment deposit next month. Definitely recommend for anyone in a similar situation with family trying to claim your education benefits!
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Emma Davis
If you're having trouble getting through to your mom about this tax situation, you might need to talk directly with the IRS for official clarification. I tried calling them for weeks when I had a similar dispute with my stepdad - kept getting the "high call volume" message and never got through. Then I found https://claimyr.com which actually gets you through to a live IRS agent. I was skeptical but checked out their demo video at https://youtu.be/_kiP6q8DX5c and decided to try it. They called the IRS for me, navigated the phone tree, waited on hold (over an hour!), and then called me once they had an agent on the line. The IRS agent confirmed that as a non-dependent, I was entitled to claim my own education credits regardless of who contributed to the 529 plan. Having that official confirmation from the IRS finally settled the argument.
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CosmicCaptain
•Wait, so this service just... waits on hold with the IRS for you? That sounds too good to be true. The IRS hold times are ridiculous. Did you have to provide them with your personal info? Seems sketchy to have a third party calling the IRS on your behalf.
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Malik Johnson
•Honestly this sounds like a scam. The IRS would never talk to someone else about your tax situation. How would they verify your identity if you're not the one calling?
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Emma Davis
•Yep, they literally just wait on hold so you don't have to! They don't actually talk to the IRS agent about your situation - they just navigate the phone tree and wait during the hold time. Once they have an actual agent on the line, they conference you in and then drop off the call. So you're the one talking directly to the IRS, no third party involved in the actual conversation. They don't need your personal info for this service - they're just getting through the initial hold time. When the IRS agent comes on the line, that's when you join the call and handle the verification process yourself. It's basically like having someone physically wait in line for you, then they call you when it's your turn.
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Malik Johnson
I owe everyone here an apology - I tried the Claimyr service I was skeptical about, and it actually worked exactly as described. After waiting on hold for THREE DAYS trying to reach the IRS myself (kept having to hang up after 2+ hours), I gave in and tried it. They called the IRS, waited on hold for about 90 minutes, then connected me directly with an IRS agent. The agent confirmed what others here said - since I'm not a dependent (I make over the income threshold and provide more than half my own support), I'm entitled to claim my own education credits regardless of who owns the 529 account. Having that official confirmation from the IRS finally ended the debate with my parents. Saved me around $2,500 in tax credits AND saved my relationship with my parents since we're not arguing about it anymore. Sometimes being skeptical costs you money!
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Isabella Ferreira
My brother went through this exact situation! One thing that helped was actually sitting down with both of your tax returns and SHOWING your mom the difference in benefit. For many parents, the phase-out limits on education credits mean they get significantly reduced benefits or none at all. If your mom makes over $90,000 (single) or $180,000 (married filing jointly), her education credit starts phasing out and disappears completely at higher income levels. Meanwhile, with your lower income as a student, you likely get the FULL credit amount. Maybe explain that this isn't just about who "deserves" the credit - it's literally about maximizing the family's total tax benefit. Your parents might not even be eligible for the full credit because of their income, meaning thousands of dollars would be wasted.
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GalaxyGuardian
•Thanks for this advice! I hadn't thought about the income phase-out limits. My parents definitely make well over the threshold you mentioned. They're in the higher tax brackets so they might not even get much benefit. I'll try showing her how much more I'd get from the credit compared to what she'd get. It's not about taking something from them - it's about maximizing what we get back as a family overall. I think presenting it that way might help!
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Ravi Sharma
Tell your mom to talk to a tax professional before she tries anything funny. The IRS has gotten really strict about education credits in recent years. If both you and your mom try to claim expenses from the same 1098-T, it'll trigger an automatic review. Since you're not a dependent, you filing your own return and claiming your own education expenses is completely legitimate. If your mom tries to also claim those same expenses, she could face penalties for an improper claim. Make sure she understands there are CONSEQUENCES to trying to claim credits she's not entitled to.
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Freya Thomsen
•This is important! My cousin and her mom both tried to claim the same education expenses last year (similar situation, not a dependent) and BOTH their returns got flagged. The IRS ended up auditing both of them, and her mom had to pay back the credit plus penalties. Definitely not worth the headache.
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