In yet another set of Frequently Asked Questions on the IRS website, the IRS clarified the tax treatment of funds received by students under provisions of the CARES Act that allows the use of certain funds allocated by the Department of Education to support students.[1]

The IRS cites IRC §139 provisions to support the tax treatments outlined. This provides additional indirect support for those looking to potentially take advantage of §139 to provide tax free relief payments to employees and other parties, as this implicitly finds that the COVID-19 emergency meets the definition of a disaster that is covered by §139.

CARES Act Provisions Covered by the FAQ

The FAQ describes each of the CARES Act provisions as follows:

Section 3504 of the CARES Act allows higher education institutions to use additional supplemental educational opportunity grant funds they receive through the Higher Education Act to award emergency financial aid grants to support graduate and undergraduate students experiencing “unexpected expenses and unmet financial need” as the result of the COVID-19 pandemic.

Section 18004 of the CARES Act directs the Secretary of Education to allocate funds out of the Higher Education Relief Fund to higher education institutions to directly support students facing urgent needs related to the COVID-19 pandemic, and to support institutions as they cope with the immediate effects of the COVID-19 pandemic, including school closures. These funds may be used (1) to defray the institutions’ expenses, including lost revenues and payroll for employees and (2) for “emergency financial aid grants to students for expenses related to the disruption of campus operations due to the COVID-19 pandemic (including eligible expenses under a student’s cost of attendance, such as food, housing, course materials, technology, health care, and child care).” Recipient higher education institutions must pay no less than 50 percent of these funds to students as emergency financial aid grants.

Section 18008 of the CARES Act directs the Secretary of Education to allocate additional funds to Howard University and Gallaudet University to directly support students facing urgent needs related to the COVID-19 pandemic, and to support these institutions as they cope with the immediate effects of the COVID-19 pandemic, including school closures. These funds may be used (1) by the institutions to help defray their expenses and (2) for “grants to students for expenses directly related to” the COVID-19 pandemic and for expenses “caused by the disruption of university operations” resulting from the COVID-19 pandemic.

Income Tax Treatment of Funds Received by the Student

The IRS has determined that funds received by a student under these programs represents qualified disaster relief payments under IRC §139, and thus are not includable in income. Q&A 1 provides:

Q1: I am a student who received an emergency financial aid grant under section 3504, 18004, or 18008 of the CARES Act for unexpected expenses, unmet financial need, or expenses related to the disruption of campus operations on account of the COVID-19 pandemic. Is this grant includible in my gross income?

A1: No. Emergency financial aid grants under the CARES Act for unexpected expenses, unmet financial need, or expenses related to the disruption of campus operations on account of the COVID-19 pandemic, such as unexpected expenses for food, housing, course materials, technology, health care, or childcare, are qualified disaster relief payments under section 139 of the Internal Revenue Code. This grant is not includible in your gross income.

Tax Benefits Claimed for Items Reimbursed By CARES Act Payments

However, the IRS has decided that students are not able to claim a tax deduction or increased tax credits based on expenses paid for under this program. Q&A 2 provides:

Q2: I received an emergency financial aid grant under the CARES Act and used some of it to pay for course materials that are now required for online learning because my college or university campus is closed. Can I claim a tuition and fees deduction for the cost of these materials, or treat the cost of these materials as a qualifying education expense for purposes of claiming the American Opportunity Credit or the Lifetime Learning Credit?

A2: No. Because the emergency financial aid grant is not includible in your gross income, you cannot claim any deduction or credit for expenses paid with the grant including the tuition and fees deduction, the American Opportunity Credit, or the Lifetime Learning Credit. See section 139(h) of the Internal Revenue Code.

[1] “FAQs: Higher Education Emergency Relief Fund and Emergency Financial Aid Grants under the CARES Act,” IRS website, May 7, 2020, https://www.irs.gov/newsroom/faqs-higher-education-emergency-relief-fund-and-emergency-financial-aid-grants-under-the-cares-act (retrieved May 12, 2020)