- 8 - specifically as “tuition, fees, books, supplies, and equipment required for the enrollment or attendance” of the taxpayer or the taxpayer’s spouse or child, among others, at an eligible educational institution. In addition, an eligible student attending school at least half-time shall also include reasonable costs for an academic period (as determined under the qualified State tuition program) incurred by such student for room and board while attending such institution. Sec. 529(e)(3)(B)(i). Section 529(e)(3)(B)(ii), however, limits the amount of room and board expenses that may be treated as qualified higher education expenses as follows:9 The amount treated as qualified higher education expenses by reason of the preceding sentence [sec. 529(e)(3)(B)(i)] shall not exceed the minimum amount (applicable to the student) included for room and board for such period in the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, 20 U.S.C. 1087ll, as in effect on the date of the enactment of this paragraph) for the eligible educational institution for such period. 9 As described in the conference report, the Taxpayer Relief Act of 1997, Pub. L. 105-34, sec. 211(a), 111 Stat. 810, expands the definition of “qualified higher education expenses” under section 529(e)(3) to include room and board expenses (meaning the minimum room and board allowance applicable to the student as determined by the institution in calculating costs of attendance for Federal financial aid programs under sec. 472 of the Higher Education Act of 1965) for any period during which the student is at least a half-time student. H. Conf. Rept. 105-220, at 361 (1997), 1997-4 C.B. (Vol. 2) 1457, 1831.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011