529 Plan Pros and Cons | 529 Plan FAQs | Educational Savings Pans | The American College of Trust and Estate Counsel (2024)

by ACTEC Fellows Susan T. Bart and Stacy E. Singer

Susan T. Bart

Stacy E. Singer

Learn what you need to know about 529 Plans and saving for educational purposes including:

  • What to keep in mind when choosing a plan,
  • How to pick a successor account owner,
  • How to use the distributions,
  • How to manage the expenses, and
  • What to do if you have leftover money.

ACTEC Fellows Susan T. Bart and Stacy E. Singer answer the questions parents and families have about how 529 Plans work and what you need to keep in mind when saving for higher education.

Transcript

Hi, I’m Stacy Singer, an ACTEC Fellow from Chicago, Illinois, and I’m here with Susan Bart, an ACTEC Fellow, also from Chicago, Illinois, and we’re here to talk about 529 pros and cons. Susan, thanks so much for being here, and let’s start with the basic. So, why should I consider using a 529 plan?

529 Plan Considerations

Susan: Stacy, if you have children or grandchildren or favorite nieces and nephews who will be going to college, a 529 account can really be a great way to save for college education. There is no federal income tax and usually no state income tax imposed as the funds grow in the account. And when you pull the funds out, as long as they’re used for qualified higher education expenses, there’s no federal income tax on the distribution, and often no state income tax. 529 accounts also receive some favorable treatment for financial aid purposes, so they’re really a great way to save for college education.

Stacy: So, this sounds like a great idea. So, what’s important to consider when I’m selecting a 529 plan? Is there just one plan?

Selecting 529 Plan Tips

Susan: That can be a tough question because there are so many plans out there. Virtually every state has a 529 plan, and some of the states have multiple 529 plans that you can select from. And there are some resources out there like Morningstar that can help you compare the plans.

What I look for, first of all, is low fees, because high fees can really cut into your net return. Second thing I look for is a plan that has strong investment options that you like, and I also like to look for a plan that has an investment option that you really don’t have to fuss much with. You can select it and just let it ride, and for many of those plans, those are called age-based portfolios, and that’s where the portfolio automatically- without you having to do anything- will, as the beneficiary gets older, adjust to be less risky. So, as the beneficiary ages, they’ll basically put more in bonds for similar investments and less in equities so that you don’t have a large investment fluctuation right on the eve of the beneficiary going to college.

I also like- and the plans have this- is the automatic contribution option, where you can just set it up so that every month, right out of your paycheck or right out of your savings account, a certain amount will automatically go into the 529 account.

Stacy: Those sound like great suggestions. So, what do I have to think about when I’m setting up an account?

Tips for Setting up a 529 Plan Account – 529 Account Owner

Susan: These are very easy to set up. You can set them up the old-fashioned way, with paper, but you can also set them up electronically. One thing you want to think about is, who is the account owner, and who’s the successor account owner? And that’s very important, because 529 gives very broad powers to the account owner. That account owner is the one who can make distributions for the beneficiary’s education, they can change the beneficiary, and they also can actually take the money out of the 529 account and keep it for themselves.

Now, they may incur some tax or penalties, but you want to be really careful that whoever the account owner is and whoever the successor account owner is, is going to be a person who has your same goals for funding education of the beneficiary, or if you have more than one account, the beneficiaries in the family. So, you’ve got a couple of daughters, you probably are very comfortable being the account owner on your own 529 accounts. But you have to think hard about who would be the successor if something happened to you.

Stacy: That’s a great question, something I will have to think about, actually. So, tell me, can I only use 529s to pay for college expenses? Can I use them for like, primary education or other expenses?

529 Plan Payments and Distributions

Susan: 529, in the Internal Revenue Code, has been expanded over the years to permit distributions for some things other than qualified higher education expenses, some things other than college. You can use it for primary and religious schools. There’s a limited amount that can be used to pay back student loans, a total of $10,000 for the beneficiary or the beneficiary’s siblings. You can use 529 account funds for vocational schools and now even for apprenticeship programs.

But my advice would be, until you know you have enough in that account to pay for the college education of the beneficiary, you really don’t want to touch it for any other purposes. So, you don’t want to be using it to pay for primary school because you want to make sure that you have enough in that account for the beneficiary’s college education and perhaps even their graduate school education, if that seems to be the direction in which they’re headed.

Stacy: Got it, okay. So, what should I keep in mind when I’m actually going to be using the 529 for my kids?

Recording Expenses and Tips When Using a 529 Plan

Susan: When you’re about to use it, that is a good time to get some good, professional advice about both what are qualified higher education expenses, so that you don’t accidentally pay for an expense that is going to trigger income tax; as well as if the beneficiary’s receiving financial aid, what is the best timing on withdrawing from the 529 plan? Those can both be very complicated questions to answer. Qualified education expenses are going to of course include tuition and required books and supplies for the student’s education, and a limited amount of room and board, basically, limited to what it would cost them to live on campus at the school, so you want to be very careful that all of your distributions are for qualified higher education expenses, you want to keep receipts. It’s a pain, but if the IRS comes and looks at your return, they may ask you to prove that all of the expenses have been for qualified higher education expenses. You also want to watch out if any of your expenses are counting against other educational credits. The rules generally will not allow you to double dip.

So, another reason to get some advice as your beneficiary starts off at school. And I mentioned the timing. You also want to check, sometimes if there’s not enough in the 529 account to use for all four years of education and there’s financial aid, you may want to time the use of the 529 account to use it in later years, because it will have less of an adverse impact on the financial aid qualification.

What Can You Do With Leftover 529 Funds

Stacy: So, let’s say I’ve been great at saving money, and I have some money leftover when both of my kids get out of college. So, what can I do with the money that’s left?

Susan: When your daughters graduate from college, let’s celebrate. Let’s pop a bottle of champagne. You’ve gotten them through and launched them into life. First question would be, are your daughters going onto grad school? Might they be able to use the excess money for that? Now, second question would be, if your eldest daughter graduates, do you want to change the beneficiary to the younger daughter?

Maybe she’ll need more funds, or maybe she has graduate school ambitions. And you can change the beneficiary on the 529 accounts so long as it’s a beneficiary in the same generation and the new beneficiary is a family member of the old beneficiary. Those are technical rules. It’s best to get some professional advice on it. You can change the beneficiary down to younger generations, even wait a few years and see if your daughters have children of their own. Now, there are some tax considerations in changing the beneficiary down a generation, so you want to get some professional advice.

You also, that might be a time to think about, if you had some younger children like I know you must be thinking about, you’ve launched these two, why not adopt a younger child? But you could think about paying for primary school for other beneficiaries in the family, and in the worst case, you’ve gone through all those options, there’s still excess money, you can make a distribution out to the beneficiary or out to the account owner, and you will pay some income tax on the earnings on the account, and you’ll pay some penalty tax on the earnings in most cases if you use the account just to make a payment out to the beneficiary of the account owner that’s not for any other permissible expenses under section 529.

Stacy: Susan, thank you. This was so helpful. I so appreciate your advice. I think you’ve given us a lot to think about and work with as we work with 529 plans.

Susan: Thank you very much, Stacy.

You may also be interested in:

  • How to Pay for College for a Grandchild or Someone Else
  • Estate Planning for a College Student or Young Adult
529 Plan Pros and Cons | 529 Plan FAQs | Educational Savings Pans | The American College of Trust and Estate Counsel (2024)

FAQs

What are the pros and cons of 529 plans? ›

Let's look at the pros and cons of 529 plans.
  • Income tax benefits. When used for college or K-12 qualified expenses, earnings are not subject to federal income tax. ...
  • Flexibility. ...
  • Gift tax. ...
  • 10% additional income tax. ...
  • Ordinary income. ...
  • Higher costs. ...
  • Less flexibility in investments. ...
  • No discount on gifts.

What is the problem with 529 college savings plan? ›

One of the main drawbacks of saving in a 529 plan is that you owe a penalty if you use the funds for an ineligible expense. If you do need to withdraw funds or use them for noneducation-related expenses, you'll incur a 10% penalty and owe taxes on any investment gains.

Who should not use a 529 plan? ›

529 plans are excellent for some but are not optimal for every family. If you're unsure if your child will attend college, how much you may need or prefer a more hands-on approach with your investments, a 529 plan may not be the best choice.

What is the 529 loophole? ›

On the 2024-25 FAFSA, students are no longer required to report cash gifts from a grandparent or contributions from a grandparent-owned 529 savings plan. Because of this, grandparents can now use a 529 plan to fund a grandchild's education without impacting their financial aid eligibility.

Can I put money in 529 and take it out right away? ›

Yes, you can withdraw from your 529 plan at any time. However, ensure you use your withdrawals for that year's qualified expenses.

Are 529 plans really worth it? ›

And when you pull the funds out, as long as they're used for qualified higher education expenses, there's no federal income tax on the distribution and often no state income tax. 529 accounts also receive some favorable treatment for financial aid purposes, so they're really a great way to save for college education.

Why 97% of people don't use 529 college savings plans? ›

It's easy to see why Americans don't embrace 529 plans. They often have limited investment options, high fees, complicated rules and anxiety-producing investment risks. All that said, the plans may ultimately be worthwhile for most families, as long as parents choose carefully. Focusing on fees is crucial.

What happens to 529 funds if child doesn't go to college? ›

Leave the account intact.

You could even leave it for future generations since contributions to a 529 plan are generally considered completed gifts for tax purposes and are removed from your estate. Your financial advisor can help you determine how a 529 plan can fit into your overall financial strategy.

How much can you put in a 529 per year? ›

Good news, while there is a maximum aggregate 529 plan contribution limit, there is no annual 529 plan contribution limit! However, only contributions up to $18,000 per donor per beneficiary will qualify as an annual gift tax exclusion.

Can you use a 529 for something other than college? ›

529 plan funds can be used to pay for trade or vocational courses as well, as long as the school or teaching institution is eligible for federal student aid. You can check online to see if the school participates in the U.S. Department of Education's federal student aid program.

Who owns 529 parent or child? ›

A 529 plan must have an owner (such as a parent or grandparent) and a beneficiary (the student). The owner controls the contribution level, investment allocation and how and when to disburse funds. The owner also can change the 529 beneficiary.

What are the changes in 529 plans in 2024? ›

As of January 1, 2024, when you discover you have extra money in your child's 529 plan, there is a fourth option to select from. You can transfer that cash to a Roth IRA. You can piggyback retirement savings onto your college savings. Of course, there are some basic rules you must abide by before you can do this.

Does 529 hurt financial aid? ›

In most cases, your 529 plan will have a minimal effect on the amount of aid you receive and will end up helping you more than hurting you. You can also take several steps to increase your child's eligibility for student financial aid.

Is it better to have a 529 in parents or grandparents? ›

Is it better for a grandparent or parent to own a 529 plan? Many advisors will push people to have the parent own the 529 plan because recent rules have grandparent contributions hurting total financial aid eligibility.

What is the main advantage of using a 529 plan? ›

Although a contribution to a 529 plan is not an income tax deduction, earnings in a 529 plan grow federal tax-free and are not taxed when you withdraw the money to pay for numerous college and other qualified education expenses.

Who pays taxes on 529 owner or beneficiary? ›

The earnings portion of a Non-Qualified Distribution is taxable to the individual who receives the payment, either the Account Owner or the Designated Beneficiary.

Why is a 529 better than a savings account? ›

What Makes the 529 Plan So Popular? It's all about the tax advantages. Money grows tax-deferred, and withdrawals are tax-free as long as they are used for qualified education expenses.

How much money can you put in a 529 per year? ›

There are no yearly contribution limits to a 529 plan like certain retirement accounts. However, each state has a different aggregate contribution limit for each 529 account, typically between $235,000 and $550,000.

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