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ThibaR

Father paid for school tuition, but husband claimed on taxes

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The school tuition for Masters was paid by my father wholly from India. But my  husband claimed it, since I was his dependant (H-4) as a deduction in his income taxes. I would like to know whether that amounts to tax fraud.

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You legally (on h4) spent ur fathers hard earned money (already tax paid) for ur studies. Your spouse claimed it as a deduction is correct as its ur right since you already paid the tuition fee+tax to ur university.

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17 hours ago, ThibaR said:

The school tuition for Masters was paid by my father wholly from India. But my  husband claimed it (I was his dependant on H-4 for one year, and moved over to F-1 the second year) as a deduction in his income taxes, both years. I would like to know whether that amounts to tax fraud.

Edited question - my apologies. Please let me know whether the same answer stands.

@pontevecchio Confirming tax laws and wondering whether the source of the money matters, or just what was spent on the tuition.

Edited by ThibaR
Extra details added

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20 hours ago, directory0818 said:

You legally (on h4) spent ur fathers hard earned money (already tax paid) for ur studies. Your spouse claimed it as a deduction is correct as its ur right since you already paid the tuition fee+tax to ur university.

No, it is not, unless her husband also declared the money as foreign income/gift, which may be taxable.

Edited by JoeF

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3 hours ago, ThibaR said:

Edited question - my apologies. Please let me know whether the same answer stands.

@pontevecchio Confirming tax laws and wondering whether the source of the money matters, or just what was spent on the tuition.

The source matters.

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