529 Plans

Advisors' Roundup - June 17, 2016

Crossing my desk this week:

Investing is like . . . :
Motley Fool

One more speed bump to hit working for an autocratic CEO:
CBS

BOOST act aims to improve 529 plans:
Savingforcollege.com
 

Compton Advisors, LLC is a Registered Investment Adviser (RIA) firm regulated by the Securities Division of the Missouri Secretary of State office. Compton Advisors, LLC does not render personalized financial, investment, legal, or tax advice through this blog. This information is for informational purposes only and does not constitute financial, investment, legal, or tax advice. This information has not been approved or verified by any governmental authority.

Busted 529 Plans - What Gets Taxed?

If you use the funds for qualified higher education expenses, nothing. But that's not the question most people are asking.

What they really want to know is: "If my kid doesn't go to college, what's that going to cost me in taxes?"

Well, if you have another kid (or niece or nephew) waiting in the wings that can use the money for school, nothing. But let's assume Junior is an only child, you don't want the money to go elsewhere, and Junior is not the academic type.

HERE'S WHAT YOU GET TAXED ON

  1. Earnings, not contributions, get taxed at your normal income tax rate - plus - 
  2. You get hit with a 10% penalty on the earnings only, not contributions
  3. If you got a tax break on the contributions, as many states will grant you, you will be subject to a 'recapture' of that amount from the contributions.

EXAMPLE

Let's assume you have contributed $10,000 to Junior's Missouri MOST 529 plan and taken that amount off your state taxable income over the years. Further, let's say those contributions have grown to $15,000 when Junior decides college is not for him. Finally, we're going to assume the 529 owner/taxpayer is in the 25% Federal and 6% Missouri marginal tax brackets. Let's see what we owe:

  • Earning at normal tax rates: ($15,000 - $10,000) * (25% + 6%) = $5,000 * 31% or $1,550
  • 10% penalty: ($15,000 - $10,000) * 10% = $5,000 * 10% or $500
  • Recapture of tax breaks: $10,000 * 6% (state only, there was no Federal tax deduction) or $600
So your total proceeds are:

$15,000
-$1,550
-$   500
-$   600
$12,350

It's important to remember that if you had saved the money outside of the 529 plan, you would have paid taxes on the earnings as you went anyhow and that you would not have received the $600 being recaptured in the first place. Therefore, the only thing you risk by putting the money in a 529 plan and changing your mind is the 10% penalty on the earnings.

If you are a Missouri investor and would like to know more, call (314) 772-9857 or visit www.comptonadvisors.com.

529 Plans and Financial Aid

529 Plans sound like a good idea, right? Start socking that money away when Baby Einstein is young, let it grow tax-free, and it'll be there when it comes time to pay for school.

Because these plans are often set up long before - sometimes a decade before - parents have the pleasure of dealing with financial aid forms, not a lot of thought goes into how the funds in a 529 plan affect the financial aid process.

TWO SIDES OF THE SAME COLLEGE COIN

I can hear some of you right now: "Wait a minute! I thought the whole idea of saving for college was that my child wouldn't need financial aid." Or you expect your child to earn enough in grants and scholarships to pay for everything.

The reality is, most student need both savings and financial aid to fund four years (or more) of school and getting those pieces to play together nicely requires a little planning up front.

The most crucial choice is deciding whose name to put on the 529 plan as owner.

THE CHILD AS OWNER

If the child is still a dependent, child-owned 529 plans are treated the same as parent-owned accounts (see below), otherwise schools expect you to use 20% of your 529 assets each year in calculating your expected family contribution (EFC) towards the cost of tuition, room & board, and supplies. The 20% rate applies to other non-529 plan assets owned by the child such as savings accounts. IRAs, if the child is fortunate enough to be working and saving, do not count toward the EFC.

The other good news is spending from the 529 is not counted as student income in determining financial aid.

One caveat: prior to the 2009 - 2010 school year, child-owned 529 plans were treated like any other child-owned assets - that is, subject to the same 20% that non-dependent students face. Be aware that rules change, not always to your advantage.

Finally, being owned by the child means that if there are funds left when they reach the age of majority, there is nothing stopping them from paying the taxes and penalties and using those funds for non-educational purposes.

THE PARENTS AS OWNERS

Parent-owned 529 plans get preferential treatment in the financial aid process compared to non-dependent student-owned plans and the same treatment as other (non-retirement) parental assets. On a sliding, income-based scale, only 2.6% - 5.64% of the 529 balance is counted towards the EFC.

Again, spending from the 529 is not counted as student income in determining financial aid.

Parents retain control over the accounts, including the ability to switch beneficiaries if one child in the family is fortunate enough to receive scholarships to the point their need is less than planned for.

GRANDPARENTS (AUNTS, UNCLES, FRIENDS, ETC.) AS OWNERS

You are not required to report (yet) 529 plan assets where the child is beneficiary on the FAFSA form. Therefore, none of the assets held outside of the child/parents counts against your financial aid under the Federal formula.

HOWEVER, and it's a big however, any money spent on the child's behalf out of these accounts count as income in the financial aid calculations, and 50% of the child's income is expected to be included in the EFC the following school year.

Again, owners retain control over the accounts, including the ability to switch beneficiaries.

TIPS

In general:
  1. Put 529 plan money in the parent's name, not the child's
  2. If the child is working and will not need the money for school, an IRA will take those assets out of the financial aid calculation and may be a better choice than a 529 plan
  3. Schedule withdrawals from grandparent-owned 529 plans as late as possible, preferably the final year of school
Everyone's circumstances are different. To have your's evaluated properly, see a fee-only financial planner in your area.