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Tax Benefits for College

college books by wohnaiWhen faced with the high cost of college, you want to find and take advantage of every opportunity that you can to cut down on your out-of-pocket expenses, before you give in and take out loans.  So after you’ve applied for all of the grants, scholarships, and other non-loan financial aid that you can, it’s time to consider what sorts of tax benefits may help out with your situation.

Credits

There are two different kinds of tax credits currently available in tax year 2010 and 2011:

American Opportunity Credit – This credit is available for students (and parents of students) that are in their first four years in a degree program at college.  The credit is a maximum of $2,500, and is calculated as:  100% of the first $2,000, and 25% of the next $2,000 of Qualified Higher Education Expenses (QHEE) paid for that student.  QHEE is limited to tuition, fees, books, supplies, and other equipment required for the course of education at an accredited institution of higher learning.

Up to 40% of the credit can be refundable – meaning that, even if you don’t pay any tax at all, you may be eligible to receive as much as $1,000 in refunded credit.  (Note:  if you’ve been around the college tax credits block in recent years, this credit has replaced – or rather expanded – the old Hope Credit.)

Lifetime Learning Credit – This credit can help you to pay for any level of postsecondary education, including professional degree courses, graduate courses, and courses to improve job skills.  The credit is equal to 20% of the first $10,000 of QHEE paid for all students on the tax return, for a maximum of $2,000 in credit for the family.  There is no limit to the number of years that this credit can be applied to.

Deductions

There are two types of deductions available for education-related expenses as well:

A tuition and fees deduction is available for parents and students – which is a reduction to your Adjusted Gross Income (AGI).  Depending upon your income, you may be eligible to deduct as much as $4,000 in QHEE.

In addition, a Student Loan Interest Deduction is also available to help ease the pain of those student loans after college.  This deduction also reduces your AGI – and it doesn’t just have to be for a qualified student loan.  If you’ve used a home equity loan, a credit card, or other personal loan that was used exclusively for QHEE, the interest can also be deducted.  But be careful, the exclusive use provision can catch you – if any part of the non-qualified loan is used for a purpose other than QHEE, the interest is not deductible.

College Savings Plan Benefits

There are also two types of college savings plans that can be used on a tax-benefited basis, to help you pay college expenses.

Section 529 Qualified Tuition Programs – These programs, often referred to as 529 plans or QTPs, provide a vehicle for families to save up for college expenses on a tax-favored basis.  With a 529 plan, families can contribute amounts to the savings plan, and the account is invested – as the account grows, if the distributed funds are used for QHEE (in this case, including room and board), there is no tax on the growth.  The only limit to the amount of contributions is in relation to gift tax limitations – for most folks this isn’t a problem, but consult your advisor if you have questions.

Coverdell Education Savings Accounts (ESA) – ESAs are similar to 529 plans, with a few differences.  ESAs can also be used for private elementary or high school expenses, in addition to QHEE.  In addition, there is a specific limit of $2,000 in contributions per student per year.  The same tax treatment as the 529 plans applies to ESAs – as long as the distributions are used for education expenses, there is no tax on growth in the account.

Coordination of Benefits

The Lifetime Learning Credit and the American Opportunity Credit cannot be claimed for the same student in the same year.  Likewise, neither credit can be applied to the same student in the same year as a tuition and fees deduction.  You also cannot claim the same expenses as the offset for distributions from a 529 or an Education Savings Account.  As you might have guessed, the same holds true for coordination between the tuition and fees deduction and a 529 or ESA – the costs used for either cannot be used for the others.

Photo by wohnai

The Downside of Prepaid Tuition

drop fees by Medmoiselle TWhen planning to save for future college expenses, you may run across several options – including insurance policies, savings bonds, retirement accounts and specific education accounts, such as Coverdell Education Savings and Section 529 plans.

Among the options for Section 529 plans are two types of account:  savings and prepaid tuition.  Following is a brief explanation of the two types of account.

Savings-Type 529 Plan

The savings type of 529 plan works much like an IRA or 401(k): contributions are made and the amounts contributed to the plan are allocated among various sorts of investment options, mostly mutual funds or derivatives of mutual funds.  Over time, assuming that you’ve made appropriate allocation choices and the investments grow, the balance of the account will in turn grow, increasing the amount of funds available to pay for college expenses.  Growth in the account is tax-free when used for qualified higher education expenses (QHEE).

As with any investing activity there are risks to investing in these plans – similar to the risks you face in your IRA or 401(k) plan.  It’s possible that your account could lose value at any given point in time (like late 2008, for example) but prudent investment choices, appropriate time-orientation, and risk management can help to assure that your account will grow over time – but there are no guarantees.

Prepaid Tuition 529 Plan

On the other hand, the prepaid tuition type of plan is set up quite differently from any other type of account.  Instead of a savings account, in this case you’re purchasing discounted “units” or semesters of education – which, backed by the sponsoring state, are guaranteed to be traded for equivalent semesters of public college education (in the sponsoring state) when the student reaches college age.

If the student chooses to attend a non-public school or a school in another state, the programs guarantee that the equivalent of the then-current tuition cost will be available to pay the college of choice, even though the cost at that school will be different from the state universities in the sponsoring state.

Just as with the savings-type of plan, growth in the account is tax-free if used for QHEE – and in either type of plan if you choose not to use the account proceeds for education, you can withdraw the value and pay tax and a penalty on the growth.

The Downside to Prepaid Tuition

So, with all the market volatility, you’d think that the prepaid plan is the way to go – after all, this type is guaranteed!  Unfortunately, that guarantee by the sponsoring state is only as good as the state’s finances; these days, for many states, finances are currently listed under the heading of “Deplorable”.  When you couple the finances of the state with the dramatic increases in tuition costs we’ve seen in recent years, someone is bound to take a hit.  Guess who “someone” is?

Many prepaid tuition plans were forced to bar adding new participants to their plans after the dot-com bubble burst several years ago, since poor market returns and higher tuition rates were causing the plans to lose money far too quickly to make up reserve balances.  Now, similar situations abound, and the states backing the plans may or may not have the funds to help shore things up.  As a result, new fees have sprouted for many plans – along with large increases in the discounted costs for new credits being purchased, which chokes off the new money coming into the plans.

According to a recent article in the Wall Street Journal, all across the nation prepaid tuition plans are operating in the red – seems that the market volatility does have an impact on these plans after all, just a little more subtle and after the fact.  And it’s up to the state to determine if their promises are worth keeping… and here in Illinois we don’t have that much faith in our state government. Your mileage may vary.

For my money, it just makes far more sense to use the savings-type of 529 plan: a plan that you can understand, can follow the balance, and perceive how and why fluctuations occur.  With those plans, you know what you have in the account, day in and day out.  With the prepaid plans, especially given the poor fiscal conditions of the states guaranteeing things, it’s all in question, in my opinion.

Photo by Medmoiselle T

20 Questions About 529 Plans

cart 529 by bengt-reBelow is a reprint of an interaction that I had with an anonymous individual several years ago on a web bulletin board, as I thought the 20 questions that the individual listed might be interesting to you.  I’ve reviewed the list and updated responses where laws have changed or where I was more snarky than necessary in my response.  Let me know if you have more questions to add to the list!

Keep in mind as you read this, the questions are one individual’s specific concerns about his situation.  The person asking the question has simply put this list of questions out on a public bulletin board hoping for responses – that’s part of why some of the questions aren’t fully answered or clarified, since the original poster didn’t come back to clarify his questions or respond to my responses…

The original questions are numbered, and my response is italicized.

1. Is there any income limit for parents to be able to qualify/ participate in the 529 plan.

No

2. We are thinking about initiating the plan with Iowa/ Virginia (as we heard from some our contacts have done it) – Even if we move out of CA to another state – can it still be used?

Yes

3. Is it possible to roll over from 1 state 529 plan to another state – any charges/ fees?

Yes, it is possible. Fees will depend upon the plan chosen.

4. Assume that the child does not get educated here in the USA, can the funds be used for International education – Canada, France, Singapore, India ?

The funds could be used for international education, but if the school is not accredited in the US, you’ll pay a penalty and taxes on the growth of the fund if you withdraw funds for this purpose, which is not considered a Qualified Higher Education Expense (QHEE).

5. What are the annual contribution limits – per child/ couple/ family?

In general, this is up to the plan, most have a limit of somewhere around $235,000. In order to maintain simplicity, most folks limit their annual contribution to the annual gift exclusion limit ($13,000 per child per parent in 2010), while some utilize the special 5-year front-load gift limit ($65,000 per child per parent in 2010).

Having said this, though – many states limit tax benefits to $10,000 per child per year. This will be different on a plan/state basis. If you’re investing in an out-of-state plan, this won’t matter to you.

6. What is the process to take out the funds in the middle? Would there be any penalties?

You contact the plan to make a distribution from the plan. There would be penalties and taxes due on the growth in the account. Depending upon state tax benefits (and the plan you’re using), there may be state taxes and/or penalties involved as well, since some states require recapture of any deduction benefit that was provided for contributions.

7. Is it possible to have a 529 in more than 1 state? Are there any restrictions?

Yes, you may have 529 plans in more than one state. Primary restriction that I can think of would be the gift tax exclusions noted earlier. Otherwise there is no reason you couldn’t have several states’ plans.

8. Is it possible to move $ across funds? Are there any restrictions/ charges?

Again, this depends upon the plan. If your question is “can I move money around to other funds/allocations within the same 529 plan?”, then the answer is yes, but depending upon the plan, there are likely restrictions, such as rebalancing can only be done once every 12 months.

If your question is “can I move money around to other 529 plans?”, the answer is yes, but I believe you need to move the entire account (roll over) when you do this, and I believe you are limited to one such rollover in twelve months.

9. What happens if I loose the $ in account? Are there chances of loosing?

You have a smaller balance at the end of the month than you did at the beginning of the month.

Of course there are chances of losing money – just the same as any investing activity. This of course will depend upon your investment allocation decisions. The more risky your choices, the more likely you are to lose (and gain) money.

Also, I suppose it’s possible that you could take a miscellaneous deduction for a major loss in a 529 account.  Since there is basis in the account and tax could be owed on a non-qualified distribution above that basis, there’s no reason to doubt that you couldn’t take a miscellaneous deduction for the loss.  This would be subject to a 2% floor, and you’d likely have to close the account to recognize the loss.

10. Who holds control in a 529? What happens if a beneficiary is no longer part of the family (God Forbid !!)? Etc or something happens to the contributor?

The owner of the account (you, your spouse, etc.) has control over the beneficiary of the account, and so you can change the beneficiary as you see fit. If something happens to the contributor (and by this I assume you mean the owner – yourself), hopefully you’ve chosen an appropriate contingent owner to manage the funds in your absence. Otherwise it is probably up to state statutes to determine management.

11. Is there any age restrictions in using this 529 $ for the beneficiary or can it be used at any age?

No restriction on the age of the beneficiary.

12. What happens if there is left over’s & I am not able to use it?

This partly depends upon why there is left over money: if this is due to the fact that the student received scholarships, then you are allowed to distribute an offsetting amount (same as the scholarship) from the 529 account, to the extent that the scholarship monies are used for QHEE. This distribution must take place in the same year that the expenses are paid.

If there are funds remaining in the account due to the death or disability of the primary beneficiary, you are allowed to remove the funds from the account without penalty, however you must pay tax on the growth of the account, but no penalty.

If there are funds remaining in the account because the cost of school for that beneficiary was less than you anticipated, you have two choices: roll the funds over to a new beneficiary, or take a distribution and pay the tax/penalty. The rollover can be done to anyone you wish (doesn’t have to be your child, can be anyone).

13. Can I pass this to my brothers / sisters children? & is there any limitations? Can the funds be used for self/ spouse?

Yes – no limitation other than the gift limits mentioned above.

14. Can the 529 funds or any left over’s be used by the next generation?

Yes.

15. Does having a 529 account mean, one cannot initiate a UTMA/ UGMA, Coverdall etc?

No, a 529 account does not exclude eligibility to utilize those vehicles.

16. I was reading an article & vaguely recall a # $239,000 (Is this the total $ contribution or the $ balance on the account (attributed due to appreciation/ dividends etc).

I don’t know – I don’t vaguely recall reading that article. The limits are going to be different for each plan.

17. Are (qualified/ nonqualified) withdrawals exempt from state taxes?

Depends upon the plan. Most qualified withdrawals are exempt for most states’ tax. Nonqualified withdrawals may or may not be exempt from state taxes – look at your state’s tax laws and the plan information.

18. How does the process work? Should I prepay for the university & give a receipt to the 529 plan? or will the 529 pay the university directly? Will it cover only University fees/ registration/ dorm/ living? Clothing, Books?

Again, take this up with your specific plan. In general, you can either pre-pay or make a withdrawal to pay the amount(s). Just keep good records. In general your QHEE will include tuition, fees and books. Room/board may also be covered, depending upon the plan in question.

19. Is the 529 applicable for school also? or Undergraduate/ Graduate/ PhD?

Okay, what are you asking here? 529 plans are for post-high school education expenses, which includes undergrad, grad, and PhD studies, as well as non-degree pursuing education.

20. Is anyone aware of any state tax inventives for the state of CA?

No

Hope this was of some help to you.  If you have more questions please leave them in the comments section below.

Photo by bengt-re

Economic Slowdown Impacts Prepaid Tuition Plans

whitman college by Joe ShlabotnikSeveral months ago I pointed out an article where the Illinois prepaid tuition plan, CollegeIllinois!, seemed to be elated over the impacts of the economic downturn on other types of 529 savings plans.  Essentially these prepaid plans offer a guarantee of value – the cost of a semester of college at an in-state public institution per unit purchased – regardless of market returns.

However (and there’s always a however in life, right?) – as suspected, the economic slowdown has begun to impact these prepaid plans across the country, as reported in the Sound Mind Investing blog recently, with the article Prepaid college tuition: it seemed like a good idea at the time.  Essentially, the plans have made promises that supposed a certain level of return on investments; a level that has been subverted with the downturn of the economy.  As a result, in some cases the plans are being propped up by state funds (that are continually running in short supply), or imposing additional “fees” to participants in order to make up the difference.  In some cases, the plans are putting forth the concept that they may come up short of funds altogether…

I have not heard of any actions by the state of Illinois on these problems, but the article in the New York Times (referenced by Sound Mind Investing) indicates that 16 of the 18 prepaid tuition plans across the country are facing difficulties… which leads you to believe that the remaining two can’t be far behind.

Photo by Joe Shlabotnik

401(kids)? A Rehash of the Coverdell

farmhouse hash by adactioWith much fanfare, Illinois congressman and US Senate candidate Mark Kirk (R-Illinois) has pushed his plan, adorably referred to as 401(kids) (see news story here).  But what is this plan he’s referring to?  Unless I’m missing something, this is the Coverdell ESA (Education Savings Account) that has been in existence for quite some time now.

Kirk’s primary beef is with the Illinois-based BrightStart 529 plan – which is mostly a swipe at one of his main opponents in the Senate race, Illinois’ Treasurer Alexi Giannoulias, since BrightStart falls under Giannoulias’ responsibility.  Last year, one of the funds in the BrightStart plan, managed by Oppenheimer, was severely impacted by the fallout in the bond market due to overexposure in the derivatives market.  Negotiations between Oppenheimer and Giannoulias’ office are continuing, and investors are expected to receive some sort of remuneration soon.

So anyhow, as is often the case, in the heat of the moment during the economic fallout of last year, this 401(kids) plan was recommended.  It’s my contention that this plan is nothing new – the Coverdell ESA is pretty much exactly the same thing.  Let’s do a quick comparison between the proposed plan and the existing Coverdell ESA:

401(kids)

Coverdell ESA

Annual Limit

$2,000 per year

$2,000 per year

Tax Treatment

No tax deduction, earnings are not taxed if used for qualified education costs

No tax deduction, earnings are not taxed if used for qualified education costs

Other Limits

Can be used for education expenses at any accredited institution

Can be used for education expenses at any accredited institution

Additional

If not used for education, could be distributed for other purposes such as first home purchase; earnings would be subject to 10% penalty for non-qualified distribution

No other provisions for usage; earnings would be subject to 10% penalty for non-qualified distribution

So, other than the provision that these funds might also be used for a first-time home purchase, there’s no difference.  And consumers have already voted with their actions:  the Coverdell ESA is too little, too late.  With the miniscule annual funding amount (in comparison to the costs of college), paired together with the fact that there is no up-front tax benefit (as is available with the BrightStart plan for example), it seems that this proposed legislation is another example of unnecessary posturing-based law, with no or extremely low perceived benefit.

In fact, if the investor in a Coverdell or the new 401(kids) plan were to experience a similar issue as BrightStart investors did with Oppenheimer – how successful do you think the individual investors would be in negotiating remuneration on their own?  Don’t get me wrong, I’m in favor of less governmental involvement in most cases, but in this case I think the 529 plan wins out.

What do you think?

Photo by adactio

A Change (not for the better) For Illinois’ 529 Plans

In case you happened to miss it, the Illinois legislature last year passed an addition to the Revenue Code that requires recapture of deductions that you may have taken for contributions to one of the Illinois 529 plans.

u of queensland by Ryan Wick529 Contribution Deduction Recapture

For years, the Illinois 529 plans – BrightStart, Bright Directions, and College Illinois! – have allowed you to deduct up to $10,000 in contributions ($20,000 for a married couple) from your income as calculated for Illinois income tax.  At the present 3% rate, this can amount to a tax savings of up to $300 ($600 for a couple) per year.  Understandably, if you chose to transfer those funds to an out-of-state 529 plan, there has always been a recapture provision, requiring you to pay back the tax you saved when you deducted the funds.  That used to be the end of the story, but it was too good to be true, as is often the case with tax laws.

With this new change, in effect for tax year 2009, for any withdrawal from your Illinois-based 529 plan that is NOT for qualified education expenses, you are also required to recapture the tax offset.  It wasn’t unexpected.  If you think about it, the reason the deduction was originally put in place was to incent Illinois residents to set aside money for college.  Without this recapture (and the transfer recapture mentioned above) the overall affect of the incentive is disregarded.

All non-qualified withdrawals are subject to taxation on the growth component at the federal and state level, plus a 10% penalty.  In the past that was the only consideration you had to take into account with a non-qualified withdrawal.  For example, let’s say you had a 529 plan in Illinois with a contribution of $10,000, which had grown to a total of $15,000. When time for college came around, it turned out that your child didn’t want to go to college – she had a good paying job and didn’t plan to further her education.  So you decide to withdraw the funds from the 529 account to give her a “head start” on buying a home.  The growth component of the account, $5,000, is subject to ordinary income tax on your federal and state returns, plus a 10% penalty.  On top of that, you will have to include the original $10,000 contribution on your Illinois return as a part of your Illinois adjusted gross income.  So the taxation on your non-qualified withdrawal has the following effects:

Federal tax (25% example) on $5,000 growth = $1,250

Federal Penalty on $5,000 growth = $500

Illinois tax (3%) on $5,000 growth = $150

Recapture tax (3%) on original $10,000 deducted contribution = $300

Total = $1,250 + $500 + $150 + $300 = $2,200 = 14.66% of the non-qualified withdrawal of $15,000

It should be noted that, in the case of the death or disability of the beneficiary-student, the recapture, taxation and penalty do not apply, at the federal or state level.

As I said, this wasn’t unexpected, but it does represent a takeaway of what was a taxpayer-friendly component of the Illinois-based plans.  If you have questions on how this might impact you, please let me know.

Photo by Ryan Wick

BrightStart / Oppenheimer Update

my-birthday-by-hamed-saberAs we previously discussed in this post, the Illinois State Treasurer, Alexi Giannoulias is taking Oppenheimer to task for it’s sins with regard to the BrightStart 529 plan, an Illinois-based college savings plan.  This is in regard to Oppenheimer’s use of inappropriately risky investments in a supposedly safe, bond-oriented, allocation for the plan.

Just recently, on June 8, reports from Giannoulias’ office indicate that families who lost portions of the estimated $85 million in these funds are likely to recover up to $77 million of the losses.  This is due to an agreement under way between Oppenheimer and Illinois.  Specific details are unknown at this point, but I thought it was important to keep you all updated.

Photo by Hamed Saber

Illinois’ BrightStart Plan Woes

Note: an update to this story can be found here.

If you’re an Illinois (among other states, see Note below) parent of a child heading to college or already in college, then you may already be painfully aware of the “Oppenheimer problem” that the BrightStart 529 plan has encountered.

worcester-college-by-sba73Briefly, one of the Oppenheimer mutual fund choices (formerly) available as an allocation option in the BrightStart 529 plan (Illinois’ plan, see Note below for other plans affected) was the Champion Income fund.  Last fall, during the market downturn, this particular fund experienced a 79% freefall.  Another option, the Core Bond fund, experienced a 36% drop.  These are astounding numbers, given that peer funds only experienced an 8% drop during the same period.

These two funds are part of a grouping that is typically conservative in nature, not given to wild swings in the market (up or down) – and as such, parents who chose these funds as a part of their allocation for 529 savings were expecting a conservative growth diversifier when choosing these funds.  Unfortunately, Oppenheimer funds’ management had decided to drink the kool-aid of investing in the extremely risky mortgage security derivatives that have become the poster child of the economic meltdown we’ve been experiencing.

Thus far, Oppenheimer has admitted no wrongdoing, but rather has indicated that it acted appropriately in managing the funds.

Illinois Treasurer Alexi Giannoulias is leading an effort to resolve this situation, which reportedly has cost Illinois families as much as $85 million, by negotiating with Oppenheimer.  Thus far, Oppenheimer has admitted no wrongdoing, but rather has indicated that it acted appropriately in managing the funds.  Giannoulias has indicated that he will sue the company if negotiation is fruitless.

How We Can Keep This From Happening Again

The biggest issue here is that there is very little oversight into 529 plan fund management.  There are no federally-mandated cap on fees in these funds, and precious little oversight into the management of the funds.  Since these funds are not the same mutual funds that are publicly traded, there can be some funky things going on with fee structures and investment management that isn’t as clear to the individual investor.

I believe the time has come to give these funds the same oversight and require the same disclosure as all other security investments. It’s costly enough to pay for college – families who save in these plans should deserve to know that their investments are held to the same high standard as all other investments.

Note: While the Illinois BrightStart 529 plan has been the headliner lately, several other states’ 529 plans have been hammered by the same two Oppenheimer funds: Maine (NextGen), New Mexico (Scholar’s Edge and Education Plan), Oregon (Oregon College Savings and Oppenheimer 529), and Texas (LoneStar and Texas College Savings).  Legal action is pending for each state individually.

Education Benefits of ARRA 2009

16332570The American Recovery and Reinvestment Act of 2009 (ARRA 2009) included three provisions for higher education benefits:  changes to the HOPE education credit program, increases in the Pell Grant limits, and expansion of the types of expenses considered Qualified Higher Education Expenses for §529 college savings plans.

Changes to the HOPE Education Credit Program (renamed American Opportunity Tax Credit)

The American Opportunity Tax Credit is a re-vamp of the HOPE program, presently just for 2009 and 2010, and amounts to a credit of:

  • 100% of the first $2,000 of qualified tuition and related educational expenses, plus
  • 25% of the qualified tuition and related educational expenses over $2,000 but not more than $4,000

The maximum credit for tax years 2009 and 2010 is $2,500 (up from $1,800), and is allowed during the first four years (previously the first two years) of the student’s post-secondary education in a degree or certificate program.  For the purposes of this credit, the definition of qualified tuition and related educational expenses has been expanded to include course materials (previously excluded) in addition to tuition and fees.

Up to 40% of this credit can be refundable, unless the student is subject to kiddie-tax rules. The credit is phased out for single taxpayers with MAGI over $80,000, or married-filing-jointly filers with MAGI over $160,000.

Section 529 Plan QHEE Definition

Prior to ARRA 2009, the only way to pay for required computing equipment and services for higher education was via a Coverdell Education Savings Account.  ARRA 2009 changed the definition of Qualified Higher Education Expenses (QHEE) for §529 college savings plans to specifically include computers and computing equipment, plus internet access and related services.

This is a quite generous definition, including computing equipment and services as long as “such items are to be used by the beneficiary (of the §529 account) and the beneficiary’s family during any of the years that the beneficiary is enrolled at an eligible educational institution.”

Pell Grant

For tax year 2009, the maximum Pell Grant has been increased to $5,350, and for 2010 to $5,550, which represents an increase in the scheduled maximums of $500 for each period.