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Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

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Page 1: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

Tax Issues Relating to the

“Cost of Attendance” Rule

1A FAR 2015 Annual MeetingSeptember 20, 2015

Page 2: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

Professor William H. LyonsRichard H. Larson Professor of Tax Law

University of NebraskaCollege of Law

Page 3: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

In addition to tuition, fees, books and room and board, athletic scholarships may now include expenses such as academic-related supplies, transportation and other similar items.

Page 4: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

• As the NCAA points out, the value of those benefits can differ from campus to campus.• Payments to students reflecting

“cost of attendance” raise federal and state income tax questions, including:

Page 5: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

• Are these payments “scholarships” within the meaning of I.R.C. Section 117(a)?• If so, can any part of these

payments be excluded from a student’s income as a “qualified scholarship”?

Page 6: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

• If such payments are not “qualified scholarships,” must the students receiving the payments report them as part of their “gross income” for federal income tax purposes?• What about state income taxability?

Page 7: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

• Do schools making such payments have to report the payments to the IRS or state revenue departments?• What sort of information about

taxation of such payments should schools offer students ?

Page 8: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

Taxation of Scholarships:Basic Federal

Rules

Page 9: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

1954 through 1986

Page 10: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

Old I.R.C. Section 117• Unlimited exclusion for a

“scholarship” received by a “degree candidate” attending an “educational organization.”• Amounts received for and spent on

travel, research, clerical help, and equipment also excludible.

Page 11: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

“Scholarship”• Treas. Reg. § 1.117-3:• “[A]n amount paid or allowed to,

or for the benefit of, a student, whether an undergraduate or a graduate, to aid such individual in pursuing his studies.”

Page 12: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

Covered “room, board, laundry service, and similar accommodations which are received by an individual as part of a scholarship” and “tuition, matriculation, and other fees . . . furnished or remitted to a student to aid him in pursuing his studies.”

Page 13: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

Also covered “any amount received in the nature of a family allowance as a part of a scholarship.”

Page 14: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

“Degree Candidate”“[A]n individual, whether an

undergraduate or a graduate, who is pursuing studies or conducting research to meet the requirements for an academic or professional degree conferred by colleges or universities.”

Page 15: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

“Educational Organization”“[O]nly an educational

organization which normally maintains a regular faculty and curriculum and normally has a regularly organized body of students in attendance at the place where its educational activities are carried on.”

Page 16: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

ExampleUndergraduate degree candidate

who attended a traditional U.S. college or university and received a traditional “full ride” scholarship (tuition, room and board, and fees) could exclude the entire scholarship.

Page 17: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

Post-1986:“Scholarship”

versus“Qualified Scholarship”

Page 18: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

Since 1987, I.R.C. Section 117(a) has provided an exclusion limited to “qualified scholarships” for “degree candidates” at certain “educational organizations.”

Page 19: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

• The terms “degree candidate” and “educational organization” have essentially the same meaning as under prior law.• A major change from prior law is

the limitation of the exclusion to “qualified scholarships.”

Page 20: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

What Is a “Scholarship” Under

Current Law?

Page 21: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

Prop. Treas. Reg. § 1.116-6(c)(3)

“Generally, a scholarship . . . is a cash amount paid or allowed to, or for the benefit of, an individual to aid such individual in the pursuit of study or research.”

Page 22: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

“A scholarship . . . also may be in the form of a reduction in the amount owed by the recipient to an educational organization for tuition, room and board, or any other fee.”

Page 23: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

“A scholarship . . . may be funded by a governmental agency, college or university, charitable organization, business, or other source.”

Page 24: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

“To be considered a scholarship . . . , any amount received need not be formally designated as a scholarship.”

Page 25: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

What is a “Qualified Scholarship” Under

Current Law?

Page 26: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

I.R.C. Section 117(b)(1)“‘[A]ny amount received by an

individual as a scholarship . . . to the extent the individual establishes that, in accordance with the conditions of the grant, such amount was used for qualified tuition and related expenses.”

Page 27: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

Prop. Treas. Reg. § 1.116-6(c)(1)

“[T]o the extent that the terms of the grant specify that any portion of the grant cannot be used for tuition and related expenses or designate any portion of the grant for purposes other than tuition and related expenses (such as for room and board, or for a meal allowance), such amounts are not amounts received as a qualified scholarship.”

Page 28: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

I.R.C. Section 117(b) (2)• “[Q]ualified tuition and related expenses”

means:–Tuition and fees required for the

enrollment or attendance of a student at a proper educational organization, and–Fees, books, supplies, and equipment

required for courses of instruction at such an educational organization.

Page 29: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

Prop. Treas. Reg. § 1.116-6(c)(2)

• “Incidental expenses” are not “related expenses.”• “Incidental expenses” = Expenses for

room and board, travel, research, clerical help, and equipment and other expenses not required for either enrollment or attendance at an educational organization.

Page 30: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

Recordkeeping Requirements

Page 31: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

The burden is on the student who receives a scholarship to keep and make available records sufficient to establish the student’s right to an exclusion under I.R.C. Section 117(a).

Page 32: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

Prop. Treas. Reg. § 1.116-6(e)

“[T]o be eligible to exclude from gross income any amount received as a qualified scholarship, . . . the recipient must maintain records that establish amounts used for qualified tuition and related expenses . . . as well as the total amount of qualified tuition and related expenses.”

Page 33: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

“Such amounts may be established by providing to the [IRS], upon request, copies of relevant bills, receipts, canceled checks, or other documentation or records that clearly reflect the use of the money.”

Page 34: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

“The recipient must also submit, upon request, documentation that established receipt of the grant, notification date of the grant, and the conditions and requirements of the particular grant.”

Page 35: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

IRS Form 1098-T

Page 36: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

• Starting in 2004, an “eligible educational institution” must provide scholarship students and the IRS with IRS Form 1098-T (Tuition Statement).• Prior t0 2004, such reporting was

voluntary.

Page 37: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

Eligible Educational Institution”

“[A] college, university, vocational school, or other postsecondary educational institution that is described in section 481 of the Higher Education Act of 1965 as in effect on August 5, 1997, and that is eligible to participate in the Department of Education's student aid programs. This includes most accredited public, nonprofit, and private postsecondary institutions.”

Page 38: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

ExceptionsTreasury Regulations under IRC

Section 6050 recognize exceptions to the reporting requirement, including:

Page 39: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

• No Form 1098-T is required for students whose qualified tuition and related expenses are entirely waived or paid entirely with scholarships. Treas. Reg. § 1.6050S-1(a)(2)(iii).

Page 40: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

• No Form 1098-T required for nonresident alien students, unless requested by the student. Treas. Reg. § 1.6050S-1(a)(2)(i).

Page 41: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

Form 1098-T (Tuition Statement), if issued by the student’s university, may assist a student in meeting the record-keeping requirements for “qualified tuition and related expenses.”

Page 42: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

Payments for Services

Page 43: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

I.R.C. Section 117(c)(1)“The exclusion in section 117(a)

“shall not apply to that portion of any amount received which represents payment for teaching, research, or other services by the student required as a condition for receiving the qualified scholarship . . . .”

Page 44: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

A Bit of a Silver Lining

Page 45: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

Prop. Treas. Reg. § 1.117-6(h)

If a student must treat a portion of a scholarship as gross income, that portion is “earned income” of the student for purposes of computing the student’s “standard deduction” and the tax return filing requirements for the student.

Page 46: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

In 2015, an unmarried student who is a dependent for tax purposes has a “standard deduction” equal to the greater of (1) $1,050, or (2) the sum of $350 and the individual’s earned income (not exceeding $6,300, the 2015 “standard deduction” for an unmarried taxpayer).

Page 47: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

Example #1• Rachel, who is 18 and a degree

candidate at University of Nebraska, has a $15,000 scholarship for 2015 and no other “earned” or “unearned” income.• The non-excludible amount of her

scholarship is $5,000.

Page 48: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

• Rachel must treat the $5,000 as “gross income.”• Because her parents claim her as a

dependent, she cannot claim the $6,300 “standard deduction” usually available to a single person.

Page 49: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

• However, because the $5,000 is treated as “earned income,” Rachel can claim a “standard deduction” of $5,350 [$350 + $5,000 of “earned income”].

• Rachel will not have to file a federal income tax return for 2015 because her “gross income” does not exceed her “standard deduction” amount and she has no other income.

Page 50: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

Example #2Same as Example #1, except

Rachel has a full-ride scholarship and her non-excludible amount is $15,000.

Page 51: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

• Rachel’s 2015 “standard deduction” cannot exceed the $6,300 “standard deduction” available to an unmarried person.• She will have to file a federal income tax

return and will pay some federal income tax on the $8,700 excess of $15,000 over $6,300.

Page 52: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

Note CarefullyIf Rachel has either “earned”

or “unearned” income (or both) in addition to the taxable amount of her scholarship, her federal income tax consequences could change dramatically.

Page 53: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

Information Reporting

IRS Form 1099 (MISC)

Page 54: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

• James, who is 18 and a degree candidate at University of Nebraska, has a full-ride scholarship, of which $15,000 not a “qualified scholarship.”• Must the University issue James an

IRS Form 1099 (MISC)?

Page 55: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

Treas. Reg. § 1.6041-3(n)No information reporting (IRS

Form 1099 (MISC)) required for: Payments to individuals as scholarships . . . within the meaning of [I.R.C. Section 117(b)(1)], whether or not they are “qualified scholarships” as described in [I.R.C. Section 117(b)].

Page 56: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

• Treas. Reg. § 1.6041-3(n) does not apply to any amount of a scholarship or fellowship grant that represents payment for services within the meaning of [I.R.C. Section 117(c)].• Payor must file IRS Form W–2.

Page 57: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

Foreign StudentsTreas. Reg. § 1.1461-1(c)(2)(K) requires

reporting on IRS Form 1042-S of “[s]cholarship . . . income and compensation for personal services that is not excludible from gross income under [I.R.C. Section 117] (whether or not the taxable scholarship, fellowship, grant income, or compensation for personal services is exempt from tax under an income tax treaty) paid to foreign students. . . .”

Page 58: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

In general, the taxable portion of a scholarship paid to a nonresident alien is subject to Federal income tax withholding at the rate of 30%, unless the payments are exempt from tax under the Internal Revenue Code or a tax treaty.

Page 59: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

Payees who are temporarily present in the United States in F-1, J-1, M-1, Q-1, or Q-2 nonimmigrant status are subject to a reduced 14% withholding rate on the taxable portion of the scholarship.

Page 60: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

State Income Tax Issues

Page 61: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

If a scholarship recipient resides in a state with an income tax, the student will have to consider whether any portion of the scholarship is taxable under state law.

Page 62: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

• Some states (e.g., Nebraska) in effect adopt the federal income tax law as the state’s income tax law.• Nebraska’s state income tax

computations start with federal “adjusted gross income.”

Page 63: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

The federal “adjusted gross income” of a scholarship recipient subject to Nebraska income taxation would thus include the taxable portion of the scholarship.

Page 64: Tax Issues Relating to the “Cost of Attendance” Rule 1A FAR 2015 Annual Meeting September 20, 2015

Would any state with an income tax assert a claim for state income tax based on a scholarship awarded to a nonresident student?