Colorado Technical University

Can I claim the American Opportunity Credit on Form 8863 for 2009?

At SMSU I am considered a senior and will graduate come May, so this would be considered my 4th year of postsecondary education (even though I have been attending college since 2003). But I am wondering how the IRS sees this. I meet for all other qualifications of this credit: --enrolled in 2009 leading to a degree --at least one half the normal full time workload --no felony for possessing or distributing a controlled substance The only one that is questionable is this requirement— “As of the beginning of 2009, the student had not yet completed the first 4 years of postsecondary education (generally, the freshman through senior years of college), as determined by the eligible institution. For this purpose, do not include academic credit awarded solely because of the student’s performance on proficiency examinations. So its confusing to me…..do I go by my first 4 tax years of education (2003-2007) so that I am not eligible, or does it go by credits earned by the institution….if so it would be my 4th year in post secondary (and makes me eligible) in 2009......

Public Comments

1. In the tax code "year" means a calendar year. So 2009 was your 7th year of post-secondary education.