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taxmap/pub17/p17-100.htm#en_us_publink1000172926

Student Loan Interest Deduction(p136)


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Generally, personal interest you pay, other than certain mortgage interest, is not deductible on your tax return. However, if your modified adjusted gross income (MAGI) is less than $75,000 ($150,000 if filing a joint return) there is a special deduction allowed for paying interest on a student loan (also known as an education loan) used for higher education. For most taxpayers, MAGI is the adjusted gross income as figured on their federal income tax return before subtracting any deduction for student loan interest. This deduction can reduce the amount of your income subject to tax by up to $2,500 in 2009. Table 19-1 summarizes the features of the student loan interest deduction.
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Table 19-1. Student Loan Interest Deduction at a Glance
  Do not rely on this table alone. Refer to the text for more details.
FeatureDescription
Maximum benefitYou can reduce your income subject to tax by up to $2,500.
Loan qualificationsYour student loan:

must have been taken out solely to pay qualified education expenses, and
 cannot be from a related person or made under a qualified employer plan.
Student qualificationsThe student must be:
you, your spouse, or your dependent, and
 enrolled at least half-time in a degree program.
Time limit on deductionYou can deduct interest paid during the remaining period of your student loan.
PhaseoutThe amount of your deduction depends on your income level.
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Student Loan Interest Defined(p136)


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previous topic occurrence Student Loan Interest next topic occurrence

Student loan interest is interest you paid during the year on a qualified student loan. It includes both required and voluntary interest payments.
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Qualified Student Loan(p136)


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previous topic occurrence Student Loan Interest Deduction next topic occurrence

This is a loan you took out solely to pay qualified education expenses (defined later) that were:
Loans from the following sources are not qualified student loans.
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Exceptions.(p137)
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For purposes of the student loan interest deduction, the following are exceptions to the general rules for dependents.
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Reasonable period of time.(p137)


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Qualified education expenses are treated as paid or incurred within a reasonable period of time before or after you take out the loan if they are paid with the proceeds of student loans that are part of a federal postsecondary education loan program.
Even if not paid with the proceeds of that type of loan, the expenses are treated as paid or incurred within a reasonable period of time if both of the following requirements are met.
If neither of the above situations applies, the reasonable period of time usually is determined based on all the relevant facts and circumstances.
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Academic period.(p137)


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An academic period includes a semester, trimester, quarter, or other period of study (such as a summer school session) as reasonably determined by an educational institution. In the case of an educational institution that uses credit hours or clock hours and does not have academic terms, each payment period can be treated as an academic period.
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Eligible student.(p137)


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Eligible Student

This is a student who was enrolled at least half-time in a program leading to a degree, certificate, or other recognized educational credential.
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Enrolled at least half-time.(p137)
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A student was enrolled at least half-time if the student was taking at least half the normal full-time work load for his or her course of study.
The standard for what is half of the normal full-time work load is determined by each eligible educational institution. However, the standard may not be lower than any of those established by the Department of Education under the Higher Education Act of 1965.
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Related person.(p137)


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previous topic occurrence Related Person next topic occurrence

You cannot deduct interest on a loan you get from a related person. Related persons include:
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Qualified employer plan.(p137)


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Qualified Employer Plan

You cannot deduct interest on a loan made under a qualified employer plan or under a contract purchased under such a plan.
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Qualified Education Expenses(p137)


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previous topic occurrence Qualified Education Expenses next topic occurrence

For purposes of the student loan interest deduction, these expenses are the total costs of attending an eligible educational institution, including graduate school. They include amounts paid for the following items.
The cost of room and board qualifies only to the extent that it is not more than the greater of:
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Eligible educational institution.(p137)


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previous topic occurrence Postsecondary Educational Institution next topic occurrence

An eligible educational institution is any college, university, vocational school, or other postsecondary educational institution eligible to participate in a student aid program administered by the Department of Education. It includes virtually all accredited public, nonprofit, and proprietary (privately owned profit-making) postsecondary institutions.
Certain educational institutions located outside the United States also participate in the U.S. Department of Education's Federal Student Aid (FSA) programs.
For purposes of the student loan interest deduction, an eligible educational institution also includes an institution conducting an internship or residency program leading to a degree or certificate from an institution of higher education, a hospital, or a health care facility that offers postgraduate training.
An educational institution must meet the above criteria only during the academic period(s) for which the student loan was incurred. The deductibility of interest on the loan is not affected by the institution's subsequent loss of eligibility.
Deposit
The educational institution should be able to tell you if it is an eligible educational institution.
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Adjustments to qualified education expenses.(p137)


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You must reduce your qualified education expenses by certain tax-free items (such as the tax-free part of scholarships and fellowships). See chapter 5 of Publication 970 for details.
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Include as Interest(p137)


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In addition to simple interest on the loan, certain loan origination fees, capitalized interest, interest on revolving lines of credit, and interest on refinanced student loans can be student loan interest if all other requirements are met.
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Loan origination fee.(p137)


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In general, this is a one-time fee charged by the lender when a loan is made. To be deductible as interest, the fee must be for the use of money rather than for property or services (such as commitment fees or processing costs) provided by the lender. A loan origination fee treated as interest accrues over the life of the loan.
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Capitalized interest.(p137)


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This is unpaid interest on a student loan that is added by the lender to the outstanding principal balance of the loan.
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Interest on revolving lines of credit.(p137)


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Interest on Revolving Lines of Credit

This interest, which includes interest on credit card debt, is student loan interest if the borrower uses the line of credit (credit card) only to pay qualified education expenses. See Qualified Education Expenses, earlier.
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Interest on refinanced student loans.(p137)


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Interest on Refinanced Student Loans

This includes interest on both:
EIC
If you refinance a qualified student loan for more than your original loan and you use the additional amount for any purpose other than qualified education expenses, you cannot deduct any interest paid on the refinanced loan.
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Voluntary interest payments.(p137)


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Voluntary Interest Payments

These are payments made on a qualified student loan during a period when interest payments are not required, such as when the borrower has been granted a deferment or the loan has not yet entered repayment status.
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Do Not Include as Interest(p137)


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Do Not Include as Interest

You cannot claim a student loan interest deduction for any of the following items.
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Can You Claim the Deduction(p137)


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previous topic occurrence Deduction next topic occurrence

Generally, you can claim the deduction if all four of the following requirements are met.
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Interest paid by others.(p138)


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Interest Paid by Others

If you are the person legally obligated to make interest payments and someone else makes a payment of interest on your behalf, you are treated as receiving the payments from the other person and, in turn, paying the interest. See chapter 5 of Publication 970 for more information.
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No Double Benefit Allowed(p138)


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previous topic occurrence No Double Benefit Allowed next topic occurrence

You cannot deduct as interest on a student loan any amount that is an allowable deduction under any other provision of the tax law (for example, home mortgage interest).
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How Much Can You Deduct(p138)


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Your student loan interest deduction for 2009 is generally the smaller of:
However, the amount determined above is phased out (gradually reduced) if your MAGI is between $60,000 and $75,000 ($120,000 and $150,000 if you file a joint return). You cannot take a student loan interest deduction if your MAGI is $75,000 or more ($150,000 or more if you file a joint return). For details on figuring your MAGI, see chapter 5 of Publication 970.
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How Do You Figure the Deduction(p138)


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Generally, you figure the deduction using the Student Loan Interest Deduction Worksheet in the Form 1040 or Form 1040A instructions. However, if you are filing Form 2555, 2555-EZ, or 4563, or you are excluding income from sources within Puerto Rico, you must complete Worksheet 5-1 in chapter 5 of Publication 970.
To help you figure your student loan interest deduction, you should receive Form 1098-E, Student Loan Interest Statement. Generally, an institution (such as a bank or governmental agency) that received interest payments of $600 or more during 2009 on one or more qualified student loans must send Form 1098-E (or acceptable substitute) to each borrower by February 1, 2010.
For qualified student loans taken out before September 1, 2004, the institution is required to include on Form 1098-E only payments of stated interest. Other interest payments, such as certain loan origination fees and capitalized interest, may not appear on the form you receive. However, if you pay qualifying interest that is not included on Form 1098-E, you can also deduct those amounts. For information on allocating payments between interest and principal, see chapter 5 of Publication 970.
To claim the deduction, enter the allowable amount on Form 1040, line 33, or Form 1040A, line 18.