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.




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!

If you paid the tuition and fees and have proof of that fact, then claim the Tuition Credit or deduction without the Form 1098-T. You may get challenged on it, but just provide a copy of the tuition receipt and that should suffice.

Thanks, again.
I will claim my wife's deduction as per your suggestion and will keep her fee receipts, just in case the IRS decides to inquire about. One more question -
My wife is an MBA student working towards her credits. We paid around $10000 in 2007. What would be the best for me to do? On 1010-A, claim "tuition and fees deduction (line 19)" whereby I can deduct the fees directly from my income; or claim "Education credits (line 31)?" You said "even hope credits.." and I don't know what's the best for me to do - to minimize my tax burden? Line 19, 31, hope credits? Please suggest and thanks as always.

It depends on your income level. If you are pushing $100K in come, then the $4,000 deduction will produce a $1,000 tax savings.

If not, then the Lifetime Learning Credit will likely be the better way to go.