Frequently Asked Questions
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Tax
2. What is the advantage of the 529 Plan over the Uniform Gift to Minor's Act (UGMA) or UTMA?
     

Control, tax treatment, and impact on financial aid are key advantages.  You may intend for the monies that you have placed in a UGMA account be used for higher education, but the control of this account transfers to the beneficiary when that child reaches legal age. If he/she wishes to use those monies to follow a surfboard's summons into the sunset, you have no legal control - the funds are then controlled by the would-be student, now a legal adult.  With a 529 account the ownership does not automatically change and the owner is always in control.  

Contributions to a 529 may be deductible for state income tax purposes.  Account earnings in 529 Plans grow tax-free and may be withdrawn free of federal and state income tax treatment when used for qualified education expenses.  UGMA accounts do not receive that favorable tax treatment.  There is no possible deduction against state income tax liability for contributions to an UGMA and withdrawals aren't tax-free.  Investment income above $850 within an UGMA is taxable. 

Starting in 2006 funds in a 529 Account are not considered when applying for federal student aid.  However, assets in an UGMA are counted as an asset of the student.  Monies in an existing UGMA can be rolled into a 529 account and receive the positive treatment for tax and financial aid considerations going forward.  However, the new 529 account must retain an UGMA ownership registration and the account will become fully controlled by the beneficiary when they reach legal age.  All 529 programs do not permit an UGMA 529 ownership registration.  UGMA/UTMA accounts are governed by state statutes.

UGMAs have a few pros over 529 accounts.  The range of investments that can be held in UGMA accounts is very wide and there is no limit on the frequency with which investment changes may be made.  Withdrawals not used for college do not incur a penalty.  All assets in UGMA accounts belong to the minor for which they are being held and must be used for that minor's benefit.


 
1. Are there any tax advantages to a 529 Plan?
3. Who gets taxed when a withdrawal is not used for a “qualified education expense”?
4. If my 529 plan accounts decline in value and I take a distribution from the plans, can I deduct the loss on my tax return?
5. My twelve year old daughter inherited an IRA from her deceased grandmother. If I cash in the IRA and pay the taxes, may I open a 529 account with that money she inherited and use it for her college expenses?
6. What was all the discussion about “tax–free withdrawals being due to expire in 2010?” Was that the same as ‘sunset’?
7. Where can I find more information on federal tax benefits for paying for college?
Still Need Help? Ask An Expert

Do you want guidance in selecting a 529 plan?  Click the Contact Us button below and speak to a live advisor, or drop us an email and we will be pleased to assist you. If you are a do-it-yourself person, click the Professor for his assistance in sorting and ranking plans or click on the National Map to locate a specific state's 529 program.

 

 


 


 

 
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