How New Tax Changes Promote 529 Investments

Recent tax laws have expanded the benefits of these popular college accounts

State-run 529 plans to help pay for education have always had tax advantages, but recent changes in federal tax law have made them even more attractive for many families. Here’s what you need to know to take full advantage of the latest rules.

Key Takeaways

  • Federal tax laws passed in 2017, 2019, and 2020 added several new tax benefits to 529 plans.
  • 529 plans can now be used for K–12 expenses, not just for college and other postsecondary education.
  • 529 plans can also be used to pay off a portion of student loan debt, as well as for vocational school expenses.
  • Grandparent-owned 529 accounts are also scheduled to get a tax break under rules to be implemented in upcoming years.

529 Plans Can Now Be Used for K–12 Education

The 2017 Tax Cuts and Jobs Act (TCJA) brought several changes to 529 savings plans, the most common type of 529. (The other main type, prepaid tuition plans, is offered by only a small number of states.) In particular, the new law expanded 529 savings plans to cover K–12 education.

Previously, 529 plans, also referred to as qualified tuition programs (QTPs), were reserved for postsecondary education expenses. Those expenses included tuition and mandatory fees, room and board, textbooks, and other essentials. Withdrawals used for these qualified expenses were tax free.

Under the TCJA, parents can now make tax-free withdrawals from a 529 account to pay for tuition at K–12 schools as well. However, those withdrawals are limited to $10,000 per year, while withdrawals for college costs can be whatever amount is needed to cover the qualified expenses. Anything beyond that is taxable.

529 Plans vs. Coverdell Education Savings Accounts

The K–12 change makes 529 plans similar to the less widely used Coverdell education savings accounts (ESAs). These accounts allow parents to save money toward both college expenses and those related to elementary, middle, or high school education. One big difference, however, lies in how much parents can contribute to a 529 vs. a Coverdell ESA.

A Coverdell account limits parents to saving $2,000 per year for their child or another qualified beneficiary, up until the recipient reaches age 18.

With a 529 plan, contribution limits are significantly more generous. Internal Revenue Service (IRS) rules allow parents to contribute as much to a plan as is needed to pay for the beneficiary’s qualified education expenses. Plans do set caps on how large the balance can grow—currently from $235,000 to more than $500,000, depending on the state.

Another drawback of Coverdell ESAs is that not everyone can contribute to one. For 2021, only single filers with a modified adjusted gross income (MAGI) of less than $110,000 and married couples with incomes under $220,000 are eligible. No such income restriction exists for 529 plans. And, finally, Coverdell contributions are not tax deductible, while 529 contributions earn a state tax deduction or credit in most states.

Transferring 529 Plan Funds to an ABLE Account

The 2017 tax law also allows account holders to transfer 529 assets to an Achieving a Better Life Experience (ABLE) account for the same beneficiary or another family member, as long as they don’t exceed the limits for annual deposits to an ABLE account ($15,000 in 2021). These tax-advantaged accounts can be used by people with disabilities without affecting their eligibility for certain benefits, such as Medicaid.

Paying Student Loans with a 529 Plan

The 2019 Setting Every Community Up for Retirement Enhancement (SECURE) Act, while primarily focused on retirement, also made several major changes to the 529 rules.

For one, 529 proceeds can now be used to pay off some student loan debt for the account beneficiary or their siblings, up to a lifetime maximum of $10,000 per individual. Previously, student debt didn’t count as a qualified expense.

529 proceeds can now be used to pay off a portion of student loan debt for both the account’s beneficiary and their siblings.

Using a 529 Plan for Apprenticeship Expenses

In another significant 2019 change, 529 funds can now be used to pay for the fees, books, supplies, and equipment required to participate in an apprenticeship program that’s registered and certified with the U.S. secretary of labor.

Coming Soon: A New Break for Grandparents

The Consolidated Appropriations Act (CAA) of 2021, passed in 2020, includes a provision called the FAFSA Simplification Act that is intended to streamline the Free Application for Federal Student Aid (FAFSA). That’s the form that most colleges, states, and other scholarship providers use to determine students’ financial aid packages. The simplification act was originally scheduled to go into effect on July 1, 2023.

Under the old rules, distributions from a grandparent-owned 529 plan were considered untaxed income to the student and had to be reported on the FAFSA. That income potentially reduced the student’s eligibility for financial aid.

Under the new rules, the FAFSA will no longer ask about such distributions. Note, however, that the U.S. Department of Education has delayed implementation of this new rule, and it may not go into effect until the 2024–2025 school year. It’s also possible that it won’t go into effect at all—if Congress changes the tax laws before then.

What Hasn’t Changed

In addition to those recent changes, 529 plans retain all of their earlier tax benefits (and potential penalties). To recap:

  • State credits and deductions. More than 30 states offer a state tax deduction or credit if you live in that state and contribute to one of its 529 plans. Seven states—Arizona, Arkansas, Kansas, Minnesota, Missouri, Montana, and Pennsylvania—will even give you a tax break if you invest in another state’s plan. You can find information about your state’s tax breaks on the College Savings Plans Network website, affiliated with the National Association of State Treasurers.
  • No federal deductions or credits. Unlike most states, the federal government provides no income tax deduction or credit for 529 contributions.
  • Tax-deferred growth. The money in your 529 account will compound and grow tax-deferred, on both state and federal levels, until you withdraw it.
  • Tax-free withdrawals. Any withdrawals that you make will be both state and federally tax free if you use them for qualified education expenses. In the case of 529 savings plans, that includes tuition, room and board, and other required expenses. Prepaid tuition plans are limited to college tuition.
  • Taxes on nonqualified withdrawals. If you make withdrawals for purposes other than qualified education expenses, you’ll owe income tax on the portion that represents your investment gains, but not on your contributions. You’ll also owe a 10% tax penalty in most cases.
  • Changing the beneficiary. You can change the beneficiary on a 529 plan to another family member without incurring taxes.
  • Federal gift tax implications. There’s no limit on how much you’re allowed to contribute to a 529 plan each year, but any contributions over $15,000 can trigger federal gift taxes. For example, if you have three children with three 529 savings plans, you could give each of them $15,000 without owing gift tax. Married couples filing a joint return can double that amount per child. Grandparents and other family members can also contribute that same amount. To contribute even more without triggering the gift tax, you can also front-load the 529 by making up to five years worth of contributions ($75,000) all at once if you can afford to. You won’t be able to make any additional contributions to the plan until five years have passed, but the money will have more time to benefit from compounding and potentially grow faster.

Are 529 college savings plan contributions tax deductible?

Most states provide a tax deduction or credit for contributions to one of their state’s 529 plans, and several states provide a deduction for contributions to any state’s plans. The federal government provides no tax deduction for 529 contributions, although withdrawals are tax free as long as they are used for qualified education expenses.

Do I have to pay taxes on withdrawals from a 529 college savings plan?

As long as 529 plan withdrawals are used for qualified education expenses, they are tax free. In addition to colleges and universities, that now includes K–12 education, vocational schools, and approved apprenticeship programs. Note that tax-free withdrawals for K–12 expenses are capped at $10,000 per year.

What happens to the money in my 529 plan if my child doesn’t go to college?

You can withdraw the money, but at least a portion of it will be subject to taxes and possible penalties. You could also leave the money in the account in case your child changes their mind and decides to go to college or vocational school later. A third alternative is to change the account beneficiary to another family member, such as another child, a niece or nephew, a first cousin, or even yourself or your spouse.

Article Sources
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  1. Internal Revenue Service. “Publication 970 (2020), Tax Benefits for Education.” Accessed Oct. 25, 2021.

  2. Internal Revenue Service. “Publication 970: Tax Benefits for Education,” Page 46. Accessed Oct. 25, 2021.

  3. Investopedia. “529 Plan Contribution Limits in 2021.” Accessed Oct. 25, 2021.

  4. Internal Revenue Service. “ABLE Accounts — Tax Benefit for People with Disabilities.” Accessed Oct. 25, 2021.

  5. Internal Revenue Service. “Publication 970: Tax Benefits for Education,” Page 60. Accessed Oct. 25, 2021.

  6. Internal Revenue Service. “Topic No. 313 Qualified Tuition Programs (QTPs).” Accessed Oct. 25, 2021.

  7. Saving for College. “How FAFSA Simplification Will Change Financial Aid Eligibility.” Accessed Oct. 25, 2021.

  8. Federal Student Aid, U.S. Department of Education. “Beginning Phased Implementation of the FAFSA Simplification Act (EA ID: GENERAL-21-39).” Accessed Oct. 25, 2021.

  9. Saving for College. “How Much Is Your State’s 529 Plan Tax Deduction Really Worth?” Accessed Oct. 25, 2021.

  10. College Savings Plans Network. “Common 529 Questions.” Accessed Oct. 25, 2021.

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