U.S. Individual Income Tax Return

2010

Instructions for Form 8863

Department of the Treasury
Internal Revenue Service

Education Credits (American Opportunity and Lifetime Learning Credits)
Section references are to the Internal Revenue Code unless
otherwise noted.

General Instructions
What’s New
Midwestern disaster area. For 2010, the special benefits
available to students in a Midwestern disaster area have
expired.
Hope credit. The Hope credit is not available for 2010.

Purpose of Form
Use Form 8863 to figure and claim your education credits,
which are based on qualified education expenses paid to an
eligible postsecondary educational institution. For 2010, there
are two education credits.
• The American opportunity credit, part of which may be
refundable. Complete Parts I, III, and IV.
• The lifetime learning credit, which is nonrefundable.
Complete Parts II and IV.
A refundable credit can give you a refund for any part of the
credit that is more than your total tax. A nonrefundable credit
can reduce your tax, but any excess is not refunded to you.
Both of these credits have different rules that can affect your
eligibility to claim a specific credit. These differences are shown
in Table 1 below.

Table 1.

You may be able to take the tuition and fees deduction
TIP for you, your spouse, or a dependent, instead of an
education credit. Figure your tax both ways and choose
the one that gives you the lower tax. See Form 8917, Tuition
and Fees Deduction, and chapter 6 of Pub. 970, Tax Benefits
for Education, for more information about the tuition and fees
deduction.

Who Can Claim an Education Credit
You may be able to claim an education credit if you, your
spouse, or a dependent you claim on your tax return was a
student enrolled at or attending an eligible educational
institution. The credits are based on the amount of qualified
education expenses paid for the student in 2010 for academic
periods beginning in 2010 and in the first 3 months of 2011.
Qualified education expenses must be reduced by any
expenses paid directly or indirectly using tax-free
CAUTION
educational assistance. See Tax-Free Educational
Assistance and Refunds of Qualified Education Expenses on
page 2.
Who can claim a dependent’s expenses. If a student is
claimed as a dependent on another person’s tax return, only the
person who claims the student as a dependent can claim a
credit for the student’s qualified education expenses. If a
student is not claimed as a dependent on another person’s tax
return, only the student can claim a credit.
Generally, qualified education expenses paid on behalf of
the student by someone other than the student (such as a
relative) are treated as paid by the student. However, qualified
education expenses paid (or treated as paid) by a student who

!

Comparison of Education Credits
Caution. You can claim both the American opportunity credit and the lifetime learning credit on the same return — but not for the same
student.

Maximum credit

American Opportunity Credit

Lifetime Learning Credit

Up to $2,500 credit per eligible student

Up to $2,000 credit per return

Limit on modified adjusted $180,000 if married filling jointly;
gross income (MAGI)
$90,000 if single, head of household, or qualifying
widow(er)

$120,000 if married filling jointly;
$60,000 if single, head of household, or qualifying
widow(er)

Refundable or
nonrefundable

40% of credit may be refundable; the rest is
nonrefundable

Nonrefundable — credit limited to the amount of tax you
must pay on your taxable income

Number of years of
postsecondary education

Available ONLY for the first 4 years of postsecondary
education

Available for all years of postsecondary education and for
courses to acquire or improve job skills

Number of tax years credit Available ONLY for 4 tax years per eligible student
available
(including any year(s) Hope credit was claimed)

Available for an unlimited number of years

Type of degree required

Student must be pursuing an undergraduate degree or
other recognized education credential

Student does not need to be pursuing a degree or other
recognized education credential

Number of courses

Student must be enrolled at least half time for at least
one academic period beginning during the year

Available for one or more courses

Felony drug conviction

No felony drug convictions on student’s records

Felony drug convictions are permitted

Qualified expenses

Tuition and required enrollment fees. Course-related
books, supplies, and equipment do not need to be
purchased from the institution in order to qualify.

Tuition and required enrollment fees (including amounts
required to be paid to the institution for course-related
books, supplies, and equipment).

Payments for academic
periods

Payments made in 2010 for academic periods beginning in 2010 and in the first 3 months of 2011

Cat. No. 53002G

is claimed as a dependent on your tax return are treated as
paid by you. Therefore, you are treated as having paid
expenses that were paid from your dependent student’s
earnings, gifts, inheritances, savings, etc. For more information
and an example, see Who Can Claim a Dependent’s Expenses
in Pub. 970, chapter 2 or 3.
Who cannot claim a credit. You cannot take an education
credit if any of the following apply.

If you or the student takes a deduction for higher education
expenses, such as on Schedule A or Schedule C (Form 1040),
you cannot use those same expenses when figuring your
education credits.
Any qualified expenses used to figure the education
credits cannot be taken into account in determining the
CAUTION
amount of a distribution from a Coverdell ESA or a
qualified tuition program (section 529 plan) that is excluded
from gross income. See Pub. 970, chapters 7 and 8, for more
information.

!

1. You are claimed as a dependent on another person’s tax
return, such as your parent’s return.
2. Your filing status is married filing separately.
3. You (or your spouse) were a nonresident alien for any part
of 2010 and did not elect to be treated as a resident alien for
tax purposes.
4. Your modified adjusted gross income (MAGI) is one of the
following.
a. American opportunity credit: $180,000 or more if married
filing jointly, or $90,000 or more if single, head of
household, or qualifying widow(er).
b. Lifetime learning credit: $120,000 or more if married filing
jointly, or $60,000 or more if single, head of household,
or qualifying widow(er).

Tax-Free Educational Assistance and Refunds
of Qualified Education Expenses
Tax-free educational assistance includes a tax-free scholarship
or Pell grant or tax-free employer-provided educational
assistance. See chapter 1 of Pub. 970 for specific information.
For both credits, you must reduce the total of your qualified
education expenses by any tax-free educational assistance and
by any refunds of your expenses. If the refund or tax-free
assistance is received in the same year in which the expenses
were paid or in the following year before you file your tax return,
simply reduce your qualified education expenses by the amount
received and figure your education credit using the reduced
amount of qualified expenses. If the refund or tax-free
assistance is received after you file your return for the year in
which the expenses were paid, you must recapture (repay) the
excess credit. You do this by figuring the amount by which your
education credit(s) would have been reduced if the refund or
tax-free assistance had been received in the year for which you
claimed the education credit(s). Include that amount as an
additional tax for the year the refund or tax-free assistance was
received.

There are a number of factors, such as your filing status,
TIP your MAGI, and whether you are subject to the
alternative minimum tax, that will affect the amount of
any education credit you are eligible to claim. When you figure
your taxes, you may want to compare the different education
credits in order to choose the method(s) that gives you the
lowest tax liability. If you qualify, you may find that a
combination of credits and other education benefits gives you
the lowest tax. See Pub. 970 for information on other benefits.

Example. You paid $8,000 tuition and fees in December
2009 for your child’s spring semester beginning in January
2010. You filed your 2009 tax return on February 2, 2010, and
claimed a lifetime learning credit of $1,600 ($8,000 qualified
expenses paid x .20). After you filed your return, your child
dropped two courses and you received a refund of $1,400.

Qualified Education Expenses
Generally, qualified education expenses are amounts paid in
2010 for tuition and fees required for the student’s enrollment or
attendance at an eligible educational institution. It does not
matter whether the expenses were paid in cash, by check, by
credit or debit card, or with borrowed funds.
Only certain expenses for course-related books, supplies,
and equipment qualify.
• American opportunity credit: Qualified education expenses
include amounts spent on books, supplies, and equipment
needed for a course of study, whether or not the materials are
purchased from the educational institution as a condition of
enrollment or attendance.
• Lifetime learning credit: Qualified education expenses include
only amounts for books, supplies, and equipment required to
be paid to the institution as a condition of enrollment or
attendance.
Qualified education expenses for either credit do not include
amounts paid for:
• Room and board, insurance, medical expenses (including
student health fees), transportation, or other similar personal,
living, or family expenses.
• Any course or other education involving sports, games, or
hobbies, or any noncredit course, unless such course or other
education is part of the student’s degree program or (for the
lifetime learning credit only) helps the student acquire or
improve job skills.
• Nonacademic fees, such as student activity fees, athletic
fees, insurance expenses, or other expenses unrelated to the
academic course of instruction.
You should receive Form 1098-T, Tuition Statement, from
the college or university reporting either payments received in
2010 (box 1) or amounts billed in 2010 (box 2). However, the
amount in box 1 or 2 of Form 1098-T may be different than
what you actually paid. On Form 8863, lines 1 and 3, enter only
the amounts you paid in 2010 for qualified expenses. See
chapters 2 and 3 of Pub. 970 for more information on Form
1098-T.

You must refigure your 2009 lifetime learning credit using
$6,600 ($8,000 qualified expenses − $1,400 refund). The
refigured credit is $1,320. You must include the difference of
$280 ($1,600 credit originally claimed − $1,320 refigured credit)
on your 2010 Form 1040, line 44, or Form 1040A, line 28. Also,
enter “$280” and “ECR” in the space next to line 44 (if filing
Form 1040) or line 28 (Form 1040A).

Prepaid Expenses
Qualified education expenses paid in 2010 for an academic
period that begins in the first 3 months of 2011 can be used
only in figuring your 2010 education credits. For example, if you
pay $2,000 in December 2010 for qualified tuition for the 2011
winter quarter that begins in January 2011, you can use that
$2,000 in figuring your 2010 education credits (if you meet all
the other requirements).

!

You cannot use any amount paid in 2009 or 2011 to
figure your 2010 education credit(s).

CAUTION

Eligible Educational Institution
An eligible educational institution is generally any accredited
public, nonprofit, or proprietary (private) college, university,
vocational school, or other postsecondary institution. Also, the
institution must be eligible to participate in a student aid
program administered by the Department of Education. Virtually
all accredited postsecondary institutions meet this definition.

Additional Information
See Pub. 970, chapters 2 and 3, for more information about
these credits.

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Specific Instructions

Qualified Education Expenses Worksheet
for Part I, Line 1, Column (c)

Part I
American Opportunity Credit

(Do a separate worksheet for each student)
1. Total qualified education expenses . . . . . . . .

You may be able to take a credit of up to $2,500 for qualified
education expenses (defined earlier) paid for each student who
qualifies for the American opportunity credit. This credit equals
100% of the first $2,000 and 25% of the next $2,000 of qualified
expenses paid for each eligible student. The amount of your
credit for 2010 is gradually reduced (phased out) if your MAGI
is between $80,000 and $90,000 ($160,000 and $180,000 if
you file a joint return). You cannot claim a credit if your MAGI is
$90,000 or more ($180,000 or more if you file a joint return).
Student qualifications. Generally, you can take the American
opportunity credit for a student if all of the following apply.
• As of the beginning of 2010, the student had not completed
the first 4 years of postsecondary education (generally, the
freshman through senior years of college), as determined by
the eligible educational institution. For this purpose, do not
include academic credit awarded solely because of the
student’s performance on proficiency examinations.
• The student was enrolled in 2010 in a program that leads to a
degree, certificate, or other recognized educational credential.
• The student was taking at least one-half the normal full-time
workload for his or her course of study for at least one
academic period beginning in 2010.
• The student has not been convicted of a felony for
possessing or distributing a controlled substance.

2. Less adjustments:
a. Tax-free educational
assistance . . . . . . . . . . . .
b. Refunds of qualified
education expenses . . . . .
c. Other adjustments (see
Pub. 970, chapter 2) . . . . .
3. Total adjustments (add lines 2a – 2c) . . . . . . .
4. Qualified education expenses. Subtract line 3
from line 1 . . . . . . . . . . . . . . . . . . . . . . . . .
5. Enter the smaller of line 4 or $4,000 here and
on Form 8863, Part I, column (c) . . . . . . . . . .

!

CAUTION

You cannot claim the lifetime learning credit for any
student for whom you are claiming the American
opportunity credit in the same tax year.

Line 3
Complete columns (a) through (c) on line 3 for each student for
whom you are taking the lifetime learning credit.

If all of the above conditions are not met, you may be
TIP able to take the lifetime learning credit for part or all of
that student’s qualified education expenses instead.

More than three students. If you are taking the lifetime
learning credit for more than three students, enter “See
attached” next to line 3 and attach a statement with the required
information for each additional student. Include the amounts
from line 3, column (c), for all students in the total you enter on
line 4.

Line 1
Complete columns (a) through (f) on line 1 for each student who
qualifies for and for whom you elect to take the American
opportunity credit.
More than three students. If you are taking this credit for
more than three students, enter “See attached” next to line 1
and attach a statement with the required information for each
additional student. Include the amounts from line 1, column (f),
for all students in the total you enter on line 2.
Column (c). For each student, enter the amount of qualified
expenses remaining after reduction by certain tax-free
educational assistance and refunds of qualified educational
expenses, as explained under Qualified Education Expenses on
page 2. To be allowed the credit for 2010, the expenses must
have been paid for the student in 2010 for academic periods
beginning after 2009 but before April 1, 2011, as explained on
page 2 under Prepaid Expenses. If the student’s expenses are
more than $4,000, enter $4,000. You can use the worksheet
(top of next column) to figure the correct amount to enter in
column (c).

Column (c). For each student, enter the amount of qualified
expenses remaining after reduction by certain tax-free
educational assistance and refunds, as explained under
Qualified Education Expenses on page 2. The expenses must
have been paid for the student in 2010 for academic periods
beginning after 2009 but before April 1, 2011, as explained
under Prepaid Expenses on page 2. You can use the worksheet
below to figure the correct amount to enter in column (c).
Qualified Education Expenses Worksheet
for Part II, Line 3, Column (c)
(Do a separate worksheet for each student)
1. Total qualified education expenses . . . . . . . .
2. Less adjustments:
a. Tax-free educational
assistance . . . . . . . . . . . .
b. Refunds of qualified
education expenses . . . . .
c. Other adjustments (see
Pub. 970, chapter 3) . . . . .

Part II
Lifetime Learning Credit
The lifetime learning credit equals 20% of qualified expenses
paid, up to a maximum of $10,000 of qualified expenses per
return. Therefore, the maximum lifetime learning credit you can
claim on your return for the year is $2,000, regardless of the
number of students for whom you are claiming the credit. The
amount of your credit for 2010 is gradually reduced (phased
out) if your MAGI is between $50,000 and $60,000 ($100,000
and $120,000 if you file a joint return). You cannot claim a credit
if your MAGI is $60,000 or more ($120,000 or more if you file a
joint return).

3. Total adjustments (add lines 2a – 2c) . . . . . . .
4. Qualified education expenses. Subtract line 3
from line 1. Enter here and on Form 8863, Part
II, column (c) . . . . . . . . . . . . . . . . . . . . . . .

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Part III
Refundable American Opportunity Credit

insurance agents, certain agent or commission drivers and
traveling salespersons, and certain homeworkers.
Support. Your support includes all amounts spent to provide
you with food, lodging, clothing, education, medical and dental
care, recreation, transportation, and similar necessities. To
figure your support, count support provided by you, your
parents, and others. However, a scholarship received by you is
not considered support if you are a full-time student. See Pub.
501, Exemptions, Standard Deduction, and Filing Information,
for details.

Line 13
If you were under age 24 at the end of 2010 and the conditions
listed below apply to you, you cannot claim any part of the
American opportunity credit as a refundable credit on your tax
return. Instead, your allowed credit, which is figured in Part IV,
will be used to reduce your tax as a nonrefundable credit only.
You do not qualify for a refund if 1(a, b, or c), 2, and 3 below
apply to you.

Part IV
Nonrefundable Education Credits

1. You were:
a. Under age 18 at the end of 2010, or
b. Age 18 at the end of 2010 and your earned income
(defined below) was less than one-half of your support
(defined later), or
c. A full-time student over age 18 and under age 24 at the
end of 2010 and your earned income (defined below) was
less than one-half of your support (defined later).
2. At least one of your parents was alive at the end of 2010.
3. You are not filing a joint return for 2010.

Line 16
Enter your tentative lifetime learning credit from Part II, line 6,
and go to line 17.
Note. If you are claiming only the American opportunity credit,
you will not have an entry on this line. Instead, enter the amount
from line 15 on line 6 of the Credit Limit Worksheet below.

Line 22
You will have an amount on line 22 if you are claiming the
lifetime learning credit. Enter this amount on line 1 of the Credit
Limit Worksheet below.

If you meet these conditions, check the box next to line 13,
skip line 14, and enter the amount from line 13 on line 15.
Earned income. Examples of earned income include wages,
salaries, tips, and other taxable employee pay; net earnings
from self-employment; and gross income received as a
statutory employee. Statutory employees include full-time life

Line 23
Complete the credit limit worksheet to figure your
nonrefundable education credit.

Credit Limit Worksheet—Form 8863, Line 23
Nonrefundable lifetime learning credit
1. Enter the amount from Form 8863, line 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.
2. Enter the amount from Form 1040, line 46, or Form 1040A, line 28 . . . . . . . . . . . . .
2.
3. Enter the total, if any, of your credits from:
•
Form 1040, lines 47, 48, and the amount from Schedule R entered on line 53
3.
•
Form 1040A, lines 29 and 30

}

4. Subtract line 3 from line 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.
5. Nonrefundable lifetime learning credit. Enter the smaller of line 1 or line 4 . . . . . . . . . . . . . . . . . . . . . . . . 5.
Nonrefundable American opportunity credit
6. Enter the amount from Form 8863, line 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.
7. Enter the amount from Form 1040, line 46, or Form 1040A, line 28 . . . . . . . . . . . . .
7.
8. Enter the total, if any, of your credits from:
•
Form 1040, lines 47, 48, and the amount from Schedule R entered on line 53,
and the amount from line 5 above
8.
•
Form 1040A, lines 29 and 30, and the amount from line 5 above

}

9. Subtract line 8 from line 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.
10. Nonrefundable American opportunity credit. Enter the smaller of line 6 or line 9 . . . . . . . . . . . . . . . . . . . . 10.
11. Nonrefundable education credits. Add line 5 and line 10. Enter here and on Form 8863, line 23 . . . . . . . . . . 11.

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