I am currently working in US on H1 visa. My wife (on H-4 visa) is enrolled at a university and is pursuing graduate studies.

Can I claim Lifetime Learning Credit or tuition fee deduction for the fee that I paid last year?

Also, do I need form 1098-T from the university to do that?

My wife does not have a SSN (she has ITIN) and the folks at the university office are telling her that she will not be issued 1098-T because she is not US citizen and does not have SSN.

Tell the university that they are wrong; be nice about it, but be firm.

If you have been in the U.S. for all of 2006 as an H-1 visaholder, you and your wife can file as resident aliens and are eligible to claim either the Lifetime Learning Credit, the tuition-and-fee deduction or maybe even the Hope Credit (depends on what level your wife is at in college).

Inform the university of these facts and ask that they issue your wife a Form 1098-T. Your wife IS entitled to get one.

I filed my tax return yesterday and it was accepted by IRS. I claimed Lifetime Learning Credit for my wife's tuition fee. My understanding is that she was not eligible for Hope Credit since she is attending graduate school to get an MS degree.

Is there something that I missed? Was there another way to maximize my tax return?

Thanks

Probably not. As long as you can prove you paid in 2006 the tuition you claimed under the Lifetime Learning Credit, you should not have a problem.

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Originally Posted by v_atray

I am currently working in US on H1 visa. My wife (on H-4 visa) is enrolled at a university and is pursuing graduate studies.

Can I claim Lifetime Learning Credit or tuition fee deduction for the fee that I paid last year?

Also, do I need form 1098-T from the university to do that?

My wife does not have a SSN (she has ITIN) and the folks at the university office are telling her that she will not be issued 1098-T because she is not US citizen and does not have SSN.

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You need to get a TIN # for your wife. I am surprised why you have not done this yet. You should be able to give this to the university and then they can issue you the form.

The first post says she has an ITIN.

Quote:

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Originally Posted by v_atray

I am currently working in US on H1 visa. My wife (on H-4 visa) is enrolled at a university and is pursuing graduate studies.

Can I claim Lifetime Learning Credit or tuition fee deduction for the fee that I paid last year?

Also, do I need form 1098-T from the university to do that?

My wife does not have a SSN (she has ITIN) and the folks at the university office are telling her that she will not be issued 1098-T because she is not US citizen and does not have SSN.

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Hello v_atray,

I am in the same situation as you are. I am resident alien for Tax puposes (on H-1B visa) but my wife is going to school to get her Masters degree. She is electing to be treated as resident alien for Tax purposes and we are filing 1040 as joint return.
Her university didn't issue her 1098-T eitheh, giving the same reason.

Please let me know how your request for Lifetime Learning Credit went. Did you actually get credit/refund from IRS for your wife's education expenses. And if yes, then did you get without school issuing 1098-T?

I appreciate your help in this regard.

No comment!

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Originally Posted by AtlantaTaxExpert

Tell the university that they are wrong; be nice about it, but be firm.

If you have been in the U.S. for all of 2006 as an H-1 visaholder, you and your wife can file as resident aliens and are eligible to claim either the Lifetime Learning Credit, the tuition-and-fee deduction or maybe even the Hope Credit (depends on what level your wife is at in college).

Inform the university of these facts and ask that they issue your wife a Form 1098-T. Your wife IS entitled to get one.

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Hi AtlantaTaxExpert -- Thanks for your advice. However, my wife's university Registrar just doesn't get it. She refused to add my wife's ITIN on her records, and hence, she will not be issued and 1098-T. Do you have a link on IRS or something that I can print and show them so they agree to add my wife's ITIN on her fees statement. Thanks for help!

habhavsar

You don't actually need form 1098-T to file for tax refund. A fee receipt is adequate proof to show that you paid your wife's tuition fee. I had claimed Lifetime Learning Credit for my wife's eduation in 2007 return but I did not have to mail 1098-T to anybody. Only if IRS requests evidence that you paid her tuition fee, you may need that form. And I say may because the receipt will probably be adequate.

V Atray's post mirrors my earlier post.

The Form 1098-T provides a paper trail for the IRS to follow when people apply for the Education Credit, but it is NOT required and should NOT be attached to the tax return.