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Education Savings: How a Sec 529 Plan Can Transform Your Family's Future

Written by Kohari Gonzalez Oneyear & Brown | Aug 6, 2024 1:48:00 PM

Article Highlights:

  • What is a Sec 529 Plan?
  • Tax Benefits of Sec 529 Plans
  • Funding a Sec 529 Plan
  • Who Can Contribute to a Sec 529 Plan
  • Gift Limitation and the 5-Year Option
  • Form 709 and Making Up Contributions
  • Higher Education Credits
  • Impact on Financial Aid
  • Qualified Expenses and Recent Flexibility Enhancements
  • Refunds & Recontribution of Funds
  • Handling Remaining Funds Post-Education
  • 529 Plan Rollovers to Roth IRAs
  • 529 Plan Rollovers to ABLE Accounts
  • Contribution Limits and the Importance of Early Planning

A lot of parents and guardians find it difficult to provide the money for their children's education. It's critical to discover a tax-efficient approach to save and increase education money because post-secondary school expenditures are on the rise. Presenting the Section 529 Plan, a potent weapon in the toolbox of available alternatives for saving for college. This blog article will go further into the details of the Sec 529 Plan, examining its financing sources, gift restrictions, tax advantages, and much more.

What is a Sec 529 Plan?

A Sec 529 Plan is a tax-advantaged savings plan that is intended to promote saving for future educational expenses. It is called after Internal Revenue Code Section 529. governmental-sponsored programs, officially referred to as "qualified tuition plans," are supported by governments, governmental agencies, or educational establishments. Prepaid tuition plans and education savings plans are the two types that they are offered in. Since the latter has a wider range of applications and is more flexible, it will be the primary focus here.

Tax Benefits of Sec 529 Plans

The main reason Sec 529 Plans are appealing is because of their substantial tax advantages. Withdrawals from a 529 Plan for approved educational costs are tax-free from the federal government. Contributions to the plan grow tax-free. Because earnings are not gradually reduced by taxes, this characteristic permits the possible building of a sizeable school fund. Although contributions to 529 plans are not tax deductible at the federal level, several states may give tax deductions or credits for such contributions, which increases the tax efficiency of these programs.

Funding a Sec 529 Plan

Cash contributions made with after-tax monies are required for a 529 plan. Many plans offer handy financing methods like payroll deductions or automated bank transfers, and the majority have minimum contribution requirements that are extremely easy to understand. Families find it simpler to begin and maintain their contributions over time because to this flexibility.

Who Can Contribute to a Sec 529 Plan

Contributions to a Sec 529 Plan are open to everybody. The maximum number of contributors is unrestricted, and neither age nor income are restrictions. This implies that contributions to the student's Sec 529 Plan may come from parents, grandparents, other family members, friends, and even the next-door neighbors. A wide spectrum of possible donors can assist in saving for a beneficiary's post-secondary school costs because to this inclusion.

Gift Limitation and the 5-Year Option

The favorable gift tax treatment of 529 Plans is one of its distinctive features. The yearly gift tax exception allows a person to give up to $18,000 per beneficiary in 2024 without incurring gift tax. In order to expedite contributions, a lump-sum payment up to five times the annual exclusion limit (2024 = $90,000) may be made under the tax rules and regarded as though it were spread out over five years. This method permits large upfront gifts without triggering gift tax obligations; but, to disclose the election, Form 709 must be filed.

Form 709 and Making Up Contributions

The contributor must submit Form 709, United States Gift (and Generation-Skipping Transfer) Tax Return, in the year of the donation if they choose to take advantage of the 5-year accelerated contribution option. For tax reasons, this form records the decision to distribute the gift over a five-year period. Contributors may make extra "makeup" contributions to match their gifts with the new exclusion limits if, over those five years, the yearly gift tax exclusion rises.

Higher Education Credits

Taxpayers may deduct from gross income amounts distributed (principal and earnings portion) from a Sec. 529 Plan on behalf of the same student if they claim an American Opportunity credit or a Lifetime Learning credit for a taxable year, provided the distribution is not used for the same expenses for which a credit was claimed.

Impact on Financial Aid

As financial assistance eligibility is determined by a number of criteria, such as parents' ages, income, and methods, it is not a simple process to predict. When talking about the advantages of saving for college, one common issue is how these investments would affect future financial aid. A college savings plan investment may, to some extent, impact financial aid eligibility; however, 529 Plans are usually considered a parent's asset rather than a child's, thus a financial aid officer would only consider a small percentage of the assets when determining a student's eligibility for financial assistance. Financial assistance eligibility is unaffected if the account owner is not the parent or dependent student (maybe a grandmother), but distributions from grandparent-owned plans will likely be attributed to the student.

Qualified Expenses and Recent Flexibility Enhancements

A Sec 529 Plan's funds can be utilized for a variety of educational costs, such as books, materials, equipment, tuition, and fees that are necessary for enrollment or attendance at an approved educational institution. Congress loosened the original restriction that said funds in 529 Plans could only be used for post-secondary education costs. As a result, assets in these plans can now be taken out for K–12 tuition costs, up to a certain annual maximum, as well as costs associated with apprenticeship programs. The plan's benefits go beyond typical educational expenditures as the beneficiary may also utilize up to $10,000 to pay back their student loans.

Refunds & Recontribution of Funds

Funds from the Sec. 529 qualified tuition program may be reinvested in the Sec. 529 Plan within 60 days of the date of the refund if they are used for a beneficiary's qualified higher education expenses and some of those costs are later reimbursed to the beneficiary, avoiding taxation. For instance, if a beneficiary withdraws from a class in the middle of the semester, the amount of the distribution that is returned to a Sec 529 beneficiary is exempt from income tax as long as the money is reinvested into the Sec 529 Plan for which the beneficiary is registered within 60 days of the refund date.

Handling Remaining Funds Post-Education

There are other choices available if there are money left in a 529 Plan after the beneficiary's schooling is over. You may let the account grow to cover future educational costs, even for graduate school. Alternately, the money can be redirected to a different family member so they can be used for their educational costs. The possibility of money becoming "trapped" in the account is reduced by the beneficiary designation's flexibility, even though non-qualified withdrawals are subject to income tax and a 10% penalty on earnings.

529 Plan Rollovers to Roth IRAs

A significant new feature that offers a new financial planning option to anyone with monies in a Sec 529 Plan went into effect starting in 2024. Under certain circumstances, this clause permits the transfer of money from a 529 Plan to a Roth IRA without triggering taxes or penalties. This move allays a worry shared by families and students about the possibility of unused 529 Plan money becoming stuck until they are withdrawn with a penalty for costs that do not qualify. It is believed that the flexibility brought about by this provision would encourage greater contributions to 529 Plans since it offers a different use for the money that may ultimately benefit the account recipient.

To take advantage of this rollover opportunity, several conditions must be met:

  • Lifetime Rollover Limit - The total amount that can be rolled over from 529 Plans to Roth IRAs is capped at $35,000 over the beneficiary's lifetime. This limit is designed to prevent abuse of the provision while still offering a significant opportunity for long-term savings.
  • Account Aging Requirement - The 529 account from which funds are being rolled over must have been open for more than 15 years. This requirement ensures that the provision is used primarily for its intended purpose of repurposing long-term education savings rather than as a short-term tax avoidance strategy.
  • Contribution Limits - Rollovers are subject to the Roth IRA's annual contribution limits, which means that the amount rolled over each year cannot exceed the maximum contribution limit for Roth IRAs in that year. This condition aligns the rollover with existing Roth IRA contribution rules, maintaining fairness and consistency in retirement savings contributions.
  • Five-Year Rule - The aggregate amount contributed to the 529 account in the previous five years cannot be rolled over. This rule is likely in place to prevent recent contributions, which may not have been intended for education expenses, from being quickly redirected into a Roth IRA.

Implications - This new rollover option is a significant addition to the financial planning toolkit, offering a pathway for education savings to be repurposed into retirement savings if they are not needed for their original purpose.

529 Plan Rollovers to ABLE Accounts

A provision allows money to be rolled over from a Sec 529 Plan to an ABLE account in specific situations. ABLE accounts give people and families the ability to save and make contributions in order to enable those who are blind or seriously handicapped before turning 26 (46 starting in 2025) in preserving their independence, health, and quality of life.

Here's a summary of the key provisions:

  • Tax- and Penalty-Free Rollovers - A distribution from a 529 Plan can be rolled over into an ABLE account without incurring taxes or penalties. This provision allows for the funds initially intended for education expenses to be repurposed for the broader range of expenses covered by ABLE accounts, which are designed to support individuals with disabilities.
  • Time Limit - The rollover must be completed within 60 days of the distribution from the 529 Plan to qualify for the tax- and penalty-free treatment.
  • Beneficiary Requirements - The rollover must be for the benefit of the same designated beneficiary of the 529 Plan or a member of the beneficiary's family. This ensures that the funds remain within the family and are used to support a relative with disabilities.
  • Annual Contribution Limits - The total amount rolled over, when combined with any other contributions to the ABLE account for the year, cannot exceed the ABLE account's annual contribution limit. For example, if the annual limit is $16,000 and $9,000 is rolled over from a 529 Plan, only an additional $7,000 can be contributed to the ABLE account in that year.
  • Expiration Date - This rollover provision is available through 2025, indicating that the law has set a sunset date for this option, after which it may need to be renewed or could expire unless legislative action is taken.
  • Family Member Definition - For these rollovers, family members include spouses, children, siblings, parents, stepparents, nieces, nephews, aunts, uncles, in-laws, and first cousins of the designated beneficiary. This broad definition allows for flexibility in choosing the new ABLE account beneficiary within the family.

An example of how this provision can be used is if an individual, who no longer has education expenses and has remaining funds in a 529 Plan, chooses to roll over the balance to an ABLE account for a qualifying family member. This action can help support the family member's disability-related expenses without incurring taxes or penalties on the rollover amount, subject to the annual contribution limits of the ABLE account.

Contribution Limits and the Importance of Early Planning

Every state's 529 Plan has a maximum total contribution limit, which frequently reflects the expected cost of an upscale college education, even though there is no federal yearly cap on donations to these plans. Early enrollment in a 529 plan allows for the greatest growth potential for contributions, taking advantage of tax-free gains and compound interest.

One particularly effective, adaptable, and tax-efficient way to save for college costs is through the Sec 529 Plan. Families making future plans find it to be an appealing alternative because to its advantages, which include tax-free growth, large contribution limits, and beneficiary switching. Families may better position themselves to support the educational goals of their loved ones by being aware of the subtleties of how these plans operate, such as how to strategically employ the 5-year contribution option and the most recent improvements to plan flexibility. The goal of a debt-free education might become a reality by getting started early and making consistent contributions.

If you have questions about how Sec 529 Plans might fit into your family's long range planning, please give this office a call.