[Code of Federal Regulations]
[Title 34, Volume 3]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR668.57]

[Page 480-482]
 
                           TITLE 34--EDUCATION
 
                         DEPARTMENT OF EDUCATION
 
PART 668--STUDENT ASSISTANCE GENERAL PROVISIONS--Table of Contents
 
     Subpart E--Verification of Student Aid Application Information
 
Sec. 668.57  Acceptable documentation.

    (a) Adjusted Gross Income (AGI), income earned from work, and U.S. 
income tax paid. (1) Except as provided in paragraphs (a)(2), (a)(3), 
and (a)(4) of this section, an institution shall require an applicant 
selected for verification to verify AGI and U.S. income tax paid by 
submitting to it, if relevant--
    (i) A copy of the income tax return of the applicant, his or her 
spouse, and his or her parents. The copy of the return must be signed by 
the filer of the return or by one of the filers of a joint return;
    (ii) For a dependent student, a copy of each Internal Revenue 
Service (IRS) Form W-2 received by the parent whose income is being 
taken into account if--
    (A) The parents filed a joint return; and
    (B) The parents are divorced or separated or one of the parents has 
died; and
    (iii) For an independent student, a copy of each IRS Form W-2 he or 
she received if the independent student--
    (A) Filed a joint return; and
    (B) Is a widow or widower, or is divorced or separated.
    (2) If an individual who filed a U.S. tax return and who is required 
by paragraph (a)(1) of this section to provide a copy of his or her tax 
return does not have a copy of that return, the institution may require 
that individual to submit, in lieu of a copy of the tax return, a copy 
of an IRS form which lists tax account information.
    (3) An institution shall accept, in lieu of an income tax return or 
an IRS listing of tax account information of an individual whose income 
was used in calculating the EFC of an applicant, the documentation set 
forth in paragraph (a)(4) of this section if the individual for the base 
year--
    (i) Has not filed and is not required to file an income tax return;
    (ii) Is required to file a U.S. tax return and has been granted a 
filing extension by the IRS; or
    (iii) Has requested a copy of the tax return or a Listing of Tax 
Account Information, and the IRS or a government of a U.S. territory or 
commonwealth or a foreign central government cannot locate the return or 
provide a Listing of Tax Account Information.
    (4) An institution shall accept--
    (i) For an individual described in paragraph (a)(3)(i) of this 
section, a statement signed by that individual certifying that he or she 
has not filed nor is required to file an income tax return for the base 
year and certifying for that year that individual's--
    (A) Sources of income earned from work as stated on the application; 
and
    (B) Amounts of income from each source;
    (ii) For an individual described in paragraph (a)(3)(ii) of this 
section--
    (A) A copy of the IRS Form 4868, ``Application for Automatic 
Extension of Time to File U.S. Individual Income Tax Return,'' that the 
individual filed with the IRS for the base year, or a copy of the IRS's 
approval of an extension beyond the automatic four-month extension if 
the individual requested an additional extension of the filing time; and

[[Page 481]]

    (B) A copy of each IRS Form W-2 that the individual received for the 
base year, or for a self-employed individual, a statement signed by the 
individual certifying the amount of adjusted gross income for the base 
year; and
    (iii) For an individual described in paragraph (a)(3)(iii) of this 
section--
    (A) A copy of each IRS Form W-2 that the individual received for the 
base year; or
    (B) For an individual who is self-employed or has filed an income 
tax return with a government of a U. S. territory or commonwealth, or a 
foreign central government, a statement signed by the individual 
certifying the amount of adjusted gross income for the base year.
    (5) An institution shall require an individual described in 
paragraph (a)(3)(ii) of this section to provide to it a copy of his or 
her completed income tax return when filed. When an institution receives 
the copy of the return, it may re-verify the adjusted gross income and 
taxes paid by the applicant and his or her spouse or parents.
    (6) If an individual who is required to submit an IRS Form W-2 under 
this paragraph is unable to obtain one in a timely manner, the 
institution may permit that individual to set forth, in a statement 
signed by the individual, the amount of income earned from work, the 
source of that income, and the reason that the IRS Form W-2 is not 
available in a timely manner.
    (7) For the purpose of this section, an institution may accept in 
lieu of a copy of an income tax return signed by the filer of the return 
or one of the filers of a joint return, a copy of the filer's return 
that has been signed by the preparer of the return or stamped with the 
name and address of the preparer of the return.
    (b) Number of family members in household. An institution shall 
require an applicant selected for verification to verify the number of 
family members in the household by submitting to it a statement signed 
by the applicant and one of the applicant's parents if the applicant is 
a dependent student, or the applicant if the applicant is an independent 
student, listing the name and age of each family member in the household 
and the relationship of that household member to the applicant.
    (c) Number of family household members enrolled in postsecondary 
institutions. (1) Except as provided in Sec. 668.56(b), (c), (d), and 
(e), an institution shall require an applicant selected for verification 
to verify annually information included on the application regarding the 
number of household members in the applicant's family enrolled on at 
least a half-time basis in postsecondary institutions. The institution 
shall require the applicant to verify the information by submitting a 
statement signed by the applicant and one of the applicant's parents, if 
the applicant is a dependent student, or by the applicant if the 
applicant is an independent student, listing--
    (i) The name of each family member who is or will be attending a 
postsecondary educational institution as at least a half-time student in 
the award year;
    (ii) The age of each student; and
    (iii) The name of the institution attended by each student.
    (2) If the institution has reason to believe that the information 
included on the application regarding the number of family household 
members enrolled in postsecondary institutions is inaccurate, the 
institution shall require--
    (i) The statement required in paragraph (c)(1) of this section from 
the individuals described in paragraph (c)(1) of this section; and
    (ii) A statement from each institution named by the applicant in 
response to the requirement of paragraph (c)(1)(iii) of this section 
that the household member in question is or will be attending the 
institution on at least a half-time basis, unless the institution the 
student is attending determines that such a statement is not available 
because the household member in question has not yet registered at the 
institution he or she plans to attend or the institution has information 
itself that the student will be attending the same school as the 
applicant.
    (d) Untaxed income and benefits. An institution shall require an 
applicant selected for verification to verify--
    (1) Untaxed income and benefits described in Sec. 668.56(a)(5)(iii), 
(iv), (v), (vi), and (vii) by submitting to it--

[[Page 482]]

    (i) A copy of the U.S. income tax return signed by the filer or one 
of the filers if a joint return, if collected under paragraph (a) of 
this section, or the IRS listing of tax account information if collected 
by the institution to verify adjusted gross income; or
    (ii) If no tax return was filed or is required to be filed, a 
statement signed by the relevant individuals certifying that no tax 
return was filed or is required to be filed and providing the sources 
and amount of untaxed income and benefits specified in Sec. 668.56(a)(5) 
(iii), (iv), (v), and (vi);
    (2) Social Security benefits if the institution has reason to 
believe that those benefits were received and were not reported, or that 
the applicant has incorrectly reported Social Security benefits received 
by the applicant, the applicant's parents, or any other children of the 
applicant's parents who are members of the applicant's household, in the 
case of a dependent student, or by the applicant, the applicant's 
spouse, or the applicant's children in the case of an independent 
student. The applicant shall verify Social Security benefits by 
submitting a document from the Social Security Administration showing 
the amount of benefits received in the appropriate calendar year for the 
appropriate individuals listed above or, at the institution's option, a 
statement signed by both the applicant and the applicant's parent, in 
the case of a dependent student, or by the applicant, in the case of an 
independent student, certifying that the amount listed on the 
applicant's aid application is correct; and
    (3) Child support received by submitting to it--
    (i) A statement signed by the applicant and one of the applicant's 
parents in the case of a dependent student, or by the applicant in the 
case of an independent student, certifying the amount of child support 
received; and
    (ii) If the institution has reason to believe that the information 
provided is inaccurate, the applicant must verify the amount of child 
support received by providing a document such as--
    (A) a copy of the separation agreement or divorce decree showing the 
amount of child support to be provided;
    (B) A statement from the parent providing the child support showing 
the amount provided; or
    (C) Copies of the child support checks or money order receipts.

(Approved by the Office of Management and Budget under Control Number 
1840-0570)

(Authority: 20 U.S.C. 1094)

[56 FR 61337, Dec. 2, 1991, as amended at 57 FR 39089, Aug. 27, 1992; 59 
FR 22067, Apr. 28, 1994; 59 FR 61206, Nov. 29, 1994; 60 FR 34432, June 
30, 1995]