College Savings Plans, typically
referred to as “529
Plans”, are state-sponsored
investment programs designed to
help families save for future
college costs. These plans are
permitted by section 529 of
the Internal Revenue Code and
require state sponsorship for
participants to be eligible for
federal income tax incentives. All
states are free to design their own
plans but are subject to certain
federal requirements. Several
federal laws have been enacted
which have shaped today’s 529
Plans:
Small
Business Job Protection Act of
1996
Taxpayer
Relief Act of 1997
Economic
Growth and Tax Relief
Reconciliation Act of 2001
Pension
Protection Act of 2006
Ongoing efforts are underway by
the U.S. Treasury and the College
Savings industry to formulate and
refine federal taxation rules.
College Savings Plans have
several advantages over other
savings plans focused on the cost
of college. The most significant of
these advantages are the deferral
of federal income taxes on the
earnings of 529 Plan investments
and the tax-free withdrawal of
funds for “qualified”
postsecondary education costs.
Other significant advantages
include:
Participants, who own and
control the 529 Plan account,
can be almost anyone (parents,
grandparents, relatives,
non-family members).
No income
limitations on participants or
anyone else contributing to a
529 Plan.
Minimal
impact on financial aid. Plan
assets belong to the
participant rather than the
student.
Prefunding
of up to 5 years of
“gifts” exempt from
gift taxes of $65,000 ($13,000
per person per gift annually in
2009)
Residents
of any state can participant in
any other state’s
plan.
Assets can
be reassigned to other
beneficiaries who are family
members.
"Qualified" college costs
include tuition, fees, books, board
and room, supplies and equipment
(e.g. a computer) necessary for
attendance at colleges, community
colleges, trade schools and
graduate schools which are eligible
for federal student aid programs,
and even at some accredited
international schools. Such costs
are subject to certain
IRS Regulations.