Governmental Regulations










 

 

 

 

 

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Taxpayer Relief Act of 1997

The Taxpayer Relief Act of 1997 created several new tax benefits for families who are saving for, or already paying, higher education costs or are repaying student loans.

A few of the benefits provided by this Act include the Hope credit, Lifetime Learning credit, and a student loan interest deduction.

The information provided is not intended as legal or tax advice. Individuals should obtain IRS Publication 970, Tax Benefits for Higher Education, or contact a tax practitioner about personal income tax situations.

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Hope Credit

You may be entitled to a new tax credit resulting from the TAXPAYER RELIEF ACT OF 1997. Beginning January 1, 1998, The HOPE CREDIT will be available to first and second year, full time undergraduate students. A tax credit of 100% of the first $1,000 and 50% of the second $1,000 (for a total of up to $1,500) spent for qualified tuition and fees (less scholarships, grants, and other tax-free educational assistance) can be used for each of the student's first two years. The amount a taxpayer may claim as a HOPE CREDIT is gradually reduced for taxpayers with modified adjusted gross income (AGI) between $40,000 and $50,000 (between $80,000 and $100,000 for married taxpayers filing jointly). Taxpayers with income levels in excess of these amounts may not claim the credit.

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Lifetime Learning Credit

Beginning July 1, 1998, taxpayers may be able to claim the LIFETIME LEARNING CREDIT. The student must be enrolled in at least one post-secondary course at an eligible institution. Students or parents may claim a 20% tax credit for the first $5,000 of tuition and required fees paid each year (for all students in the family). The LIFETIME LEARNING CREDIT can be claimed for tuition and required fees minus any grants, scholarships, or other tax-free educational assistance. The maximum credit is determined on a per-taxpayer (family)basis, regardless of the number of post-secondary students in the family. The amount a taxpayer may claim as a LIFETIME LEARNING CREDIT is gradually reduced for taxpayers with modified adjusted gross income (AGI) between $40,000 and $50,000 (between $80,000 and $100,000 for taxpayers filing jointly).

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Student Loan Interest Deduction

This is an above-the-line deduction (the taxpayer does not need to itemize in order to claim this deduction) for interest paid in the first 60 months of repayment on private or government backed loans for payments due and made on or after January 1, 1998. The amount eligible for the deduction is limited to post-secondary expenses for tuition, fees, books, equipment, room, and board. The amount of deduction for the tax year 2001 is generally the smaller of $2,500, or your interest payments that were both paid in 2001, and paid during the first 60 months that interest payments were required. The amount of the deduction is phased out at certain income levels.

If student loan interest of $600 or more has been paid in a tax year, and payments are within the first 60 months of the repayment period, the eligible educational institution, financial institution, or governmental unit is required to issue a form 1098-E, Student Loan Interest Statement.

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IRS Links

Hope Credit

Lifetime Learning Credit

Student Loan Interest Deduction

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Privacy Act Issues

Release of Student Information
Public Law 93-380 requires that the student give written permission for the release of "any personally identifiable information" other than general "directory information." Personally identifiable means that the data or information includes (a) the student's parent or other family member, (b) a personal identifier, such as the student's social security possible to identify the student with reasonable certainty, or (d) other information which would make it possible to identify the student with reasonable certainty.

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