US federal education credits on Form 8863 for tax year 2026, with 2025 return notes: the American opportunity credit ($2,500 per student, 40% refundable, first 4 years, half-time, no felony drug conviction) and lifetime learning credit ($2,000 per return), the unindexed $80,000-$90,000 / $160,000-$180,000 MAGI phase-outs, the 2026 valid-SSN rule, Form 1098-T, qualified expenses, who claims a dependent student, the married-filing-separately and nonresident bars, the AOTC ban and Form 8862, Form 8867 due diligence, and coordination with scholarships, 529 plans, Coverdell ESAs, section 127 and student loan interest.
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| Item | 2026 | 2025 | Notes |
|---|---|---|---|
| AOTC maximum, per eligible student | $2,500 | $2,500 | 100% of the first $2,000 and 25% of the next $2,000 of adjusted expenses |
| AOTC expenses that count, per student | up to $4,000 | up to $4,000 | Enter no more than $4,000 on Form 8863 line 27 |
| AOTC refundable part | 40% of the credit after the phase-out (at most $1,000 per student) | same | None if the under-24 rule applies |
| LLC maximum, per return | $2,000 | $2,000 | 20% of up to $10,000, however many students |
| Phase-out, single, head of household, qualifying surviving spouse | Starts when MAGI is over $80,000; no credit at $90,000 or more | same | Applies to both credits |
| Phase-out, married filing jointly | Starts when MAGI is over $160,000; no credit at $180,000 or more | same | Applies to both credits |
| LLC student conditions | Any number of tax years; no degree or credential program needed; one or more courses; a felony drug conviction does not bar it | same | Form 8863 instructions, Table 1 |
| Married filing separately | No credit | No credit | §25A(g)(6) |
Figures are for tax year 2026 unless a line says 2025. The credit amounts and income limits are fixed in the statute, 26 U.S.C. §25A, and are the same for 2025 and 2026. The main change for 2026 is the Social Security number rule added by the One Big Beautiful Bill Act (P.L. 119-21, §70606). Related amounts that do move with inflation (student loan interest, preparer penalties) come from Rev. Proc. 2025-32 for 2026 and Rev. Proc. 2024-40 for 2025. A separate section covers 2025 returns, which are due by October 15, 2026 if the taxpayer got an extension.
| Item | 2026 | 2025 | Notes |
|---|---|---|---|
| AOTC maximum, per eligible student | $2,500 | $2,500 | 100% of the first $2,000 and 25% of the next $2,000 of adjusted expenses |
| AOTC expenses that count, per student | up to $4,000 | up to $4,000 | Enter no more than $4,000 on Form 8863 line 27 |
| AOTC refundable part | 40% of the credit after the phase-out (at most $1,000 per student) | same | None if the under-24 rule applies |
| LLC maximum, per return | $2,000 | $2,000 | 20% of up to $10,000, however many students |
| Phase-out, single, head of household, qualifying surviving spouse | Starts when MAGI is over $80,000; no credit at $90,000 or more | same | Applies to both credits |
| Phase-out, married filing jointly | Starts when MAGI is over $160,000; no credit at $180,000 or more | same | Applies to both credits |
| LLC student conditions | Any number of tax years; no degree or credential program needed; one or more courses; a felony drug conviction does not bar it | same | Form 8863 instructions, Table 1 |
| Married filing separately | No credit | No credit | §25A(g)(6) |
Not indexed. The $80,000 / $160,000 thresholds and the $10,000 / $20,000 ranges are written into §25A(d)(1). The 2020 law that aligned the LLC limits with the AOTC limits also struck the old LLC inflation adjustment (§25A notes). OBBBA did not change the amounts or the limits. It changed only the identification rule, for tax years beginning after December 31, 2025.
| Item | 2026 | 2025 | Source |
|---|---|---|---|
| Student loan interest deduction, maximum | $2,500 | $2,500 | Rev. Proc. 2025-32 §4.29 |
| Student loan interest phase-out, other than joint | $85,000 to $100,000 | $85,000 to $100,000 | Rev. Proc. 2025-32; Rev. Proc. 2024-40 §2.30 |
| Student loan interest phase-out, joint | $175,000 to $205,000 | $170,000 to $200,000 | Rev. Proc. 2025-32; Rev. Proc. 2024-40 |
| Employer educational assistance exclusion (§127) | $5,250 | $5,250 | Indexed only for years beginning after 2026 (§127) |
| 529 plan: elementary and secondary (K-12) expenses, per beneficiary per year: tuition and, for distributions after July 4, 2025, the wider list in the scope note | $20,000 | $10,000 (Pub. 970 (2025) describes it as $10,000 of tuition) | §529(e)(3)(A) and notes |
| 529 plan: student loan repayments, lifetime per individual | $10,000 | $10,000 | §529(c)(9) |
| Coverdell ESA contribution, per beneficiary | $2,000 | $2,000 | Reduced at MAGI $95,000 to $110,000, or $190,000 to $220,000 joint; not indexed (§530; Pub. 970, chapter 6) |
| Additional tax on the taxable part of a 529 or Coverdell distribution | 10% | 10% | Exceptions below (Pub. 970) |
| Preparer due-diligence penalty, per failure (§6695(g)) | $665 (returns filed in 2027) | $650 (returns filed in 2026) | Rev. Proc. 2025-32; Rev. Proc. 2024-40 |
| Situation | Rule |
|---|---|
| Married filing separately | No AOTC and no LLC. A married taxpayer must file jointly (§25A(g)(6)). |
| Nonresident alien for any part of the year (taxpayer or spouse) | No credit unless the nonresident is treated as a resident by an election under §6013(g) or (h) (§25A(g)(7)). |
| Taxpayer is claimed as someone else's dependent | No credit on the taxpayer's own return. |
| Student claimed as a dependent | Only the person claiming the student can take a credit. Expenses paid by the student, or by a third party such as a grandparent, count as paid by that person. |
| Student could be claimed but is not | Only the student can take the credit, using expenses the student paid or is treated as paying (Pub. 970, chapter 2). The under-24 rule may make the AOTC wholly nonrefundable. |
| Tuition paid directly to the school under a court-approved divorce decree | Treated as paid by the student, and so by whoever claims the student (Pub. 970, chapter 2). |
| MAGI | AGI plus any foreign earned income or housing exclusion, and any excluded American Samoa or Puerto Rico income (§25A(d)(2)). |
| 2026 identification | The claimant needs a valid SSN (valid for employment, issued before the due date including extensions). On a joint return one spouse is enough, even if the other spouse is the student. A dependent student needs one too. The IRS can treat a missing SSN as a math error, without a deficiency notice (§6213(g)(2)(J); 2026 draft instructions). |
| 2025 identification | AOTC: the filer and the student must have a TIN issued by the due date including extensions, or there is no AOTC on the original or an amended return. An ITIN or ATIN applied for by the due date and then issued counts as issued on time. LLC: the student must have a TIN by the due date. |
| Test | Condition, with its boundary |
|---|---|
| First 4 years | The student had not completed the first 4 years of postsecondary education before the start of the tax year, as determined by the school. Credit given only for proficiency exams does not count. The graduate-student box on Form 1098-T is information, not the test itself. |
| 4 prior tax years | The AOTC (or Hope credit) was claimed for this student, by anyone, for 3 or fewer earlier tax years. Count tax years claimed, not academic years. |
| Program and load | Enrolled in a program leading to a degree, certificate or other recognized credential and carrying at least half the normal full-time load, for at least one academic period beginning in the year. A period starting in the first 3 months of the next year counts if it was paid in this year. |
| Felony drug conviction | No federal or state felony conviction for possessing or distributing a controlled substance before the end of the tax year. |
| Form 1098-T | Needed for both credits, unless the school is not required to issue one, for example: qualified nonresident alien students, expenses paid entirely by scholarships, a formal billing arrangement, or courses with no academic credit. If a school that must issue one does not, the taxpayer or student must request it after the school's deadline (Pub. 970 gives February 2, 2026 for 2025 forms) and before filing, must cooperate with the school, and must be able to prove enrollment and payment. |
| School's EIN | Required on Form 8863 for the AOTC, not for the LLC. |
| Eligible school | Any college, university, vocational school or other postsecondary school eligible for federal student aid programs, including some schools abroad. |
| Expense | AOTC | LLC |
|---|---|---|
| Tuition and fees required for enrollment or attendance | Yes | Yes |
| Books, supplies and equipment needed for the course | Yes, wherever bought | Only if they must be paid to the school as a condition of enrollment |
| Activity, athletic or other non-academic fees | Only if they must be paid to the school as a condition of enrollment | Same |
| Room and board, insurance, medical costs (including student health fees), transportation, personal costs | Never | Never |
| Sports, games, hobbies or non-credit courses | Only if part of the degree program | Also allowed if the course helps the student get or improve job skills |
| Courses to get or improve job skills, with no degree | No | Yes |
| Expenses paid with a loan | Count in the year paid, not when the loan is repaid | Same |
| Situation | Rule |
|---|---|
| Paid in December for a term starting January to March of the next year | Counts only in the year paid. Amounts paid in the year before or the year after never count. |
| Refund or tax-free aid received in the same year, or before the return is filed | Reduce that year's expenses. |
| Refund or tax-free aid received after the return is filed | Refigure the credit and add the difference as tax for the year the refund or aid was received (recapture). |
| Earlier AOTC finally found due to reckless or intentional disregard of the rules | No AOTC for the 2 tax years after the most recent tax year with that final determination. |
| Earlier AOTC finally found fraudulent | No AOTC for the 10 tax years after the most recent such tax year. |
| AOTC denied or reduced for any reason other than a math or clerical error, for a tax year beginning after 2015 | Attach Form 8862 to the next return that claims the AOTC. |
| Under-24 rule (AOTC refundable part) | All nonrefundable if the claimant, at year end, was (a) under 18, or (b) 18 with earned income less than half of support, or (c) over 18 and under 24, a full-time student, with earned income less than half of support; and at least one parent was alive; and the claimant is not filing a joint return. |
C1: AOTC in the phase-out (2026, married filing jointly). MAGI is $170,000. One dependent student is a full-time sophomore with no earlier AOTC claims and no conviction, and everyone has a valid SSN. Tuition and required fees paid in 2026 are $6,000, and there is a $1,000 tax-free grant, so adjusted expenses are $5,000. The tentative credit is 100% of $2,000 plus 25% of $2,000, which is $2,500. The phase-out fraction is ($180,000 − $170,000) ÷ $20,000 = 0.5, so the credit is $1,250. The refundable part is 40%, which is $500. The remaining $750 is nonrefundable and limited to tax (§25A; Form 8863 instructions).
C2: LLC for graduate school (2026, single). MAGI is $85,000. The taxpayer finished 4 years of college before 2026, so the AOTC is not available. They pay $12,000 of tuition and required fees for a master's program, and $800 for textbooks bought from an outside store that did not have to be paid to the school. The textbooks do not count for the LLC. The capped base is $10,000, and 20% of it is $2,000. The phase-out fraction is ($90,000 − $85,000) ÷ $10,000 = 0.5, so the LLC is $1,000, all nonrefundable (Form 8863 instructions).
C3: 529 distribution and AOTC in the same year (2026, joint, MAGI below $160,000). A freshman living at home has $10,000 of tuition and fees. The 529 plan pays out $10,000, of which $2,000 is earnings. The parents claim the AOTC on $4,000 of those expenses, so the credit is $2,500. The expenses left for the 529 distribution are $6,000. The tax-free earnings are $2,000 × $6,000 ÷ $10,000 = $1,200. The other $800 of earnings is taxable, but the 10% additional tax does not apply to it, because it is taxable only because those expenses were used for the credit (Pub. 970, chapter 7). Planning point: if the student had been at least half-time with room and board charges to put against the 529, the whole distribution could have stayed tax-free.
C4: Choosing to include a Pell grant in income (2025 facts, from the Form 8863 instructions). Qualified expenses are $5,000 and room and board is $4,000. A $5,000 Pell grant may be used for either. If the whole grant is applied to tuition, the adjusted expenses are $0 and so is the credit. If $4,000 of the grant is applied to room and board and included in the student's income, only $1,000 of the grant is tax-free. Adjusted expenses are then $4,000, giving a refundable AOTC of $1,000 and a nonrefundable credit of up to $1,500, depending on tax (Form 8863 instructions, Example 2). If the student is the claimant and claims the earned income credit, the extra income can reduce that credit, so test both ways.
C5: 2026 SSN rule, family with ITINs (decision case). A married couple files jointly. One spouse has an SSN valid for employment and the other has an ITIN. Their dependent college student has only an ITIN. For 2026, the joint return meets the claimant rule because one spouse has a valid SSN. But there is no AOTC or LLC for the dependent student's expenses, because the student has no valid SSN issued before the due date. If the ITIN spouse were the student, the credit would still be allowed, since only one spouse needs a valid SSN (2026 draft instructions; §25A(g)(1)). For 2025, an ITIN issued by the due date of the 2025 return (including extensions) was enough (Pub. 970).
C6: Filing status and residence bars (decision case). A married taxpayer paying their own tuition files separately. There is no AOTC and no LLC, whatever the MAGI. In a second family, one spouse was a nonresident alien for part of the year. There is no credit unless the couple elects under §6013(g) or (h) to treat that spouse as a resident, and then files jointly (§25A(g)(6), (g)(7)).
C7: Student claims the AOTC on their own return (decision case). The year is 2026. The student is 20, single and full-time, with earned income under half of their support and MAGI of $12,000. Both parents are alive. The student is in the second year of a degree program, with no earlier AOTC claims, and has a valid SSN. Tuition and required fees paid are $6,000, with no tax-free aid, so the $4,000 AOTC expense cap is reached and there is no phase-out. The parents are entitled to claim the student but choose not to, so only the student can claim. All $2,500 of the AOTC is nonrefundable, and it helps only if the student owes tax (Form 8863 instructions, line 7; Pub. 970, chapter 2). Before recommending this, compare it with the parents' credit after their phase-out, and with anything else they lose by not claiming the student.
C8: Refund after filing (recapture; 2025 facts from the Form 8863 instructions). $8,000 of tuition was paid in December 2025 for a spring 2026 term. The LLC claimed on the 2025 return was $1,600. After filing, a $1,400 refund arrived for dropped courses. The refigured 2025 credit is ($8,000 − $1,400) × 20% = $1,320. The difference of $280 is added as tax on the 2026 return (Form 8863 instructions, "Credit recapture").
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