FORM 8863 INSTRUCTIONS

Part IV Refundable American Opportunity Credit
Line 15

If you were under age 24 at the end of 2009 and the conditions listed below apply to you, you cannot claim any part of the American opportunity credit as a refundable credit on your tax return. Instead, your allowed credit, which is figured in Part V, will be used to reduce your tax as a nonrefundable credit only.
You do not qualify for a refund if 1, 2, and 3 below apply to you.

1. You were:
A. Under age 18 at the end of 2009, or B. Age 18 at the end of 2009 and your earned income (defined below) was less than one-half of your support (defined below), or C. A full-time student over age 18 and under age 24 at the end of 2009 and your earned income (defined below) was less than one-half of your support (defined below).
2. At least one of your parents was alive at the end of 2009.
3. You are not filing a joint return for 2009.


Q. If I am a parent (45 year old) married filing joint return, do the above rules applicable to me from taking the credit both refundable and non refundable for the expenses incurred for my 19 year old who is eligible and claiming as a dependent in my return?.

Thank you