I 
111TH CONGRESS 
2D SESSION 
H. R. 5286 
To amend the Internal Revenue Code of 1986 to allow a credit against 
tax for qualified tuition and related expenses. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 12, 2010 
Mr. BOSWELL introduced the following bill; which was referred to the 
Committee on Ways and Means 
A BILL 
To amend the Internal Revenue Code of 1986 to allow a 
credit against tax for qualified tuition and related expenses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Universal College 
Credit Act’’. 
SEC. 2. UNIVERSAL COLLEGE CREDIT. 
(a) IN GENERAL.—Subpart A of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
1986 is amended by inserting after section 25D the fol-
lowing new section: 
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‘‘SEC. 25E. UNIVERSAL COLLEGE CREDIT. 
‘‘(a) ALLOWANCE OF CREDIT.—In the case of an in-
dividual for whom an election is in effect under this sec-
tion for a taxable year, there shall be allowed as a credit 
against the tax imposed by this chapter for the taxable 
year an amount equal to the qualified tuition and related 
expenses paid by the taxpayer during the taxable year. 
‘‘(b) DOLLAR LIMITATION.—The amount allowed as 
a credit under subsection (a) with respect to each indi-
vidual for whom qualified tuition and related expenses are 
paid by the taxpayer during the taxable year shall not ex-
ceed $5,000. 
‘‘(c) CREDIT ALLOWED ONLY FOR 4 YEARS OF UN-
DERGRADUATE EDUCATION AND 6 YEARS OF GRADUATE 
EDUCATION.—An election to have this section apply with 
respect to any individual for whom qualified tuition and 
related expenses are paid by the taxpayer during the tax-
able year may not be made for any taxable year if such 
an election (by the taxpayer or any other individual) is 
in effect with respect to— 
‘‘(1) the undergraduate education expenses of 
such individual for any 4 prior taxable years, or 
‘‘(2) the graduate education expenses of such 
individual for any 6 prior taxable years. 
‘‘(d) DENIAL OF DOUBLE BENEFIT.—No credit shall 
be allowed under this section with respect to the qualified 
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tuition and related expenses of any individual if a credit 
or deduction is allowed under any other provision of this 
chapter with respect to such expenses. 
‘‘(e) DEFINITIONS AND SPECIAL RULES.—For pur-
poses of this section— 
‘‘(1) QUALIFIED
TUITION
AND
RELATED
EX-
PENSES.— 
‘‘(A) IN
GENERAL.—The term ‘qualified 
tuition and related expenses’ means tuition and 
fees required for the enrollment or attendance 
of— 
‘‘(i) the taxpayer, 
‘‘(ii) the taxpayer’s spouse, or 
‘‘(iii) any dependent of the taxpayer 
with respect to whom the taxpayer is al-
lowed a deduction under section 151, 
at an eligible educational institution for courses 
of instruction of such individual at such institu-
tion. 
‘‘(B) EXCEPTION FOR EDUCATION INVOLV-
ING SPORTS, ETC.—Such term does not include 
expenses with respect to any course or other 
education involving sports, games, or hobbies, 
unless such course or other education is part of 
the individual’s degree program. 
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‘‘(C) 
EXCEPTION
FOR
NONACADEMIC 
FEES.—Such term does not include student ac-
tivity fees, athletic fees, insurance expenses, or 
other expenses unrelated to an individual’s aca-
demic course of instruction. 
‘‘(D) ADJUSTMENT
FOR
SCHOLARSHIPS 
AND
SECTION
529
DISTRIBUTIONS.—The 
amount of qualified tuition and related expenses 
otherwise taken into account under subsection 
(a) with respect to an individual for the taxable 
year shall be reduced— 
‘‘(i) as provided in section 25A(g)(2), 
and 
‘‘(ii) by the amount of such expenses 
which are taken into account in deter-
mining the exclusions under sections 
529(c)(3)(B) and 530(d)(2). 
‘‘(2) ELIGIBLE EDUCATIONAL INSTITUTION.— 
The term ‘eligible educational institution’ means an 
institution— 
‘‘(A) which is described in section 481 of 
the Higher Education Act of 1965 (20 U.S.C. 
1088), as in effect on the date of the enactment 
of this section, and 
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‘‘(B) which is eligible to participate in a 
program under title IV of such Act. 
‘‘(3) 
UNDERGRADUATE
EDUCATION
EX-
PENSES.—The term ‘undergraduate education ex-
penses’ means the qualified tuition and related ex-
penses paid by the taxpayer during a taxable year 
for an individual enrolled in an undergraduate 
course of study during such taxable year. 
‘‘(4) GRADUATE EDUCATION EXPENSES.—The 
term ‘graduate education expenses’ means the quali-
fied tuition and related expenses paid by the tax-
payer during a taxable year for an individual en-
rolled in a graduate or professional course of study 
during such taxable year. 
‘‘(5) ADJUSTMENT
FOR
CERTAIN
SCHOLAR-
SHIPS, ETC.—The amount of qualified tuition and 
related expenses otherwise taken into account under 
subsection (a) with respect to an individual for an 
academic period shall be reduced by the sum of any 
amounts paid for the benefit of such individual 
which are allocable to such period as— 
‘‘(A) a qualified scholarship which is ex-
cludable from gross income under section 117, 
‘‘(B) an educational assistance allowance 
under chapter 30, 31, 32, 34, or 35 of title 38, 
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United States Code, or under chapter 1606 of 
title 10, United States Code, and 
‘‘(C) a payment (other than a gift, be-
quest, devise, or inheritance within the meaning 
of section 102(a) for such individual’s edu-
cational expenses, or attributable to such indi-
vidual’s enrollment at an eligible educational in-
stitution, which is excludable from gross income 
under any law of the United States. 
‘‘(f) ELECTION NOT TO HAVE SECTION APPLY.—A 
taxpayer may elect to have this section not apply with re-
spect to an individual for any taxable year.’’. 
(b) COORDINATION WITH EXCLUSION FOR INCOME 
FROM UNITED STATES SAVINGS BONDS USED TO PAY 
HIGHER EDUCATION TUITION
AND FEES.—Subpara-
graph (A) of section 135(d)(2) of such Code is amended 
by inserting ‘‘or 25E’’ after ‘‘section 25A’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
for subpart A of part IV of subchapter A of chapter 1 
of such Code is amended by inserting after the item relat-
ing to section 25D the following new item: 
‘‘Sec. 25E. Universal college credit.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years ending after the 
date of the enactment of this Act. 
Æ 
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