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Pension law: permanent 529 tax exemption
Dear
College Money Guru,
I have heard that Congress made the
tax exemption for 529 plans permanent. Is that true, and what does it mean for
those of us who are weighing whether to go with a 529 plan versus other types
of savings to fund education?
-- J.W.
Dear
J.W.,
You heard right. Buried among the 900-plus pages of the Pension
Protection Act of 2006, passed by Congress and signed into law by President Bush
on Aug. 17, 2006, is a single sentence that removes the 2010 expiration of the 529 tax
exemption.
This new development should come with a sense of
relief and excitement for all families with children. A 2001 tax law -- Economic
Growth and Tax Relief Reconciliation Act, or EGTRRA -- made withdrawals from a
529 plan completely tax-free when used for college, but established a "sunset"
date of Dec. 31, 2010. Ever since then, I've been trying to assure investors that
Congress would eventually defuse the time bomb. But assurances are not the same
as guarantees. Now that it's actually happened, 529 plans will no doubt see a
surge in contributions.
While 529 plans are not necessarily
the best choice for every college saver in every situation, they must be placed
high on everyone's list of alternatives. The federal tax benefits are difficult,
if not impossible, to beat. And most states tack on additional incentives, including
state deductions for contributions and, in some cases, matching contributions.
Of course, it's up to you to select which 529 plan(s) to use and within any 529
plan you'll have a menu of investment options from which to choose. Prepaid tuition
plans also qualify for 529 tax treatment.
Taxable mutual funds become relatively
less attractive as a college-savings vehicle.
Sure, you have thousands to choose from and
you won't be at risk for the tax and 10 percent
penalty incurred on 529 withdrawals not used
for college. But any earnings are subject to
tax, and they can also have a substantial impact
on financial-aid eligibility. Even if the gains
are eligible for the low tax rates on capital
gains and dividends, you should be prepared
to see these rates increase in 2011. Thinking
about gifting those funds to your child and
shifting the gains onto his or her return? This
year's increase in the "kiddie tax"
age, from 14 to 18, could easily foil those
plans.
How about Coverdell education
savings accounts, or ESAs? You really can't
go very far with them. Even if you see a way
to save on expenses -- 529s generally charge
a modest management fee -- you'll be giving
up any state income tax deduction that may come
with your state's 529 plan. You're also facing
age and income restrictions and a $2,000 per
child annual contribution cap. What's worse,
ESAs are still facing a 2010 sunset on several
important changes made in 2001. Because of that
sunset, you'll probably decide to roll over
your ESA balances into a 529 plan at some point
anyway.
If you're confident you'll be using the money for college,
you can't go wrong with 529 plans. Take the
time necessary to learn the rules -- they're
not all that difficult. Then focus your efforts
on finding the 529 plan that best meets your
own preferences and objectives.
To ask a
question of the College Money
Guru, go to the "Ask
the Experts" page
and select "college financing"
as the topic.
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