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Home > Consumer Focus Archive > The 529 Plan and How It Works
Consumer Focus: The 529 Plan and How It Works
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The 529 Plan and How It Works

A female student reading over papers at a desk.It’s not often we can make a major purchase now and enjoy a huge savings on it later. With the 529 plan, anyone at any income level can put aside money tax-free for a child or even himself for college. States and colleges offer different plans, so it helps to have an idea of the location or school you prefer before you explore the 529 plan options available in each.

Posted: October 1, 2005

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A male student and two female students outside looking at a text book.What is a 529 Plan?

There are two types of 529 plans: college savings plans and prepaid tuition plans. They may be sponsored by states, state agencies, or educational institutions. Both are named after section 529 of the Internal Revenue Code that authorized these entities to provide:

Common Features of College Savings & Prepaid Tuition Plans

  • Both plans offer federal tax advantages. The earnings grow tax-free and the withdrawals are tax-free when used for qualified education expenses. Note that the qualified expenses differ between the plans.
  • States also offer tax advantages for both types of 529 plans. Check with your state’s plans to learn more about the benefits that apply in your area.
  • 529 plans allow the account owner to maintain control over the assets for the life of the account.
  • The assets of one 529 plan can be transferred tax-free to another 529 plan of another beneficiary, as long as the new beneficiary is a family member of the original beneficiary.
  • If you withdraw money from either type of 529 plan, and that money does not get used for qualified education expenses, you will have to pay penalties.

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A male student, smiling, sitting at a desk.College Savings Plans

College savings plans offer a wide range of benefits - these plans allow students of all ages to save for college costs. Here are some ways in which the college savings plans differ from prepaid tuition plans:

  • College savings plans do not lock in college costs; they simply provide you with a savings vehicle to use specifically for educational expenses.
  • Covered education expenses include: tuition, mandatory fees, room and board, books, and equipment, such as computers.
  • Many plans have contribution limits in excess of $200,000.
  • The plans do not have a guaranteed profit and are subject to ups and downs of the market.
  • College savings plans are open to children and adults.
  • There are no residency requirements so you can purchase a plan from a state where you are not a resident.
  • You can enroll in a college savings plan year-round.

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Two female students sitting on a bench; one girl reading a text book, the other girl is talking on her cel phone.Prepaid Tuition Plans

Prepaid tuition plans offer a wide range of benefits, including no risk to principal, a better rate of return than bank savings accounts and CDs, and they are often guaranteed by the state. The ways Prepaid Tuition Plans differ from College Savings Plans include:

  • Prepaid tuition plans lock in tuition prices at eligible public and private colleges and universities.
  • Covered education expenses include tuition and mandatory fees only. Some plans offer an option to include room and board or other qualified expenses.
  • Prepaid tuition plans establish contribution limits by setting up a contract to pay for tuition at a two-year community college, four-year undergraduate program, or a combination of the two. Some plans also include an option for graduate school.
  • Many states guarantee or back their plans.
  • Many prepaid tuition plans have age or grade limit requirements for beneficiaries to enroll.
  • Most state plans require that either the owner or the beneficiary have residency in the state where the account is held.
  • Most plans have a limited enrollment period.

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A female student turning and talking to two male students.What Are the Advantages?

There are four main benefits to 529 plans:

(1) In addition to the federal tax benefits of 529 plans, there may also be state tax benefits. These plans permit anyone, grandparents and non-family members included, to "give the gift of education." Contributions could offer an estate planning benefit since your contribution qualifies for the annual gift tax exclusion.

(2) The account owner, not the beneficiary, maintains control of the account and has control over when withdrawals are made and for what purpose. While owners may reclaim their initial investment at any time, penalties are stiff.

(3) Start early and you’ll be able to build a substantial tax-deferred educational fund through the magic of compounding.

(4) Anyone, regardless of income or age restrictions, may participate in a 529 plan, often for as little as $25.00. The ceilings for maximum lifetime contributions, on the other hand, can be as high as $290,000.

What are the Drawbacks?

Be sure to consider the following things when considering investing in 529 plans:

  • Complexity: Since they are not federally regulated, 529 plans vary widely. Currently, 70 plans exist among the 50 states and the District of Columbia. Each plan has different rules and offers unique investments and pricing.
  • Investment choice limitations: States may offer several discreet funds, grouped by type, such as money market; equity mutual funds comprised of international stocks and blue chip stocks; the U.S. Bond Index fund, or a mix of stocks and securities. The plan owner may choose the general type of investment plan, but not the individual stocks or funds within it.
  • Penalties for early withdrawal: If you want to withdraw your money for non-educational purposes, or before say, two to three years after the initial investment, expect to pay heavy penalties—a 10% penalty to the federal government and the state, in some cases—in addition to federal taxes.
  • Fees: Each type of plan carries unique fees; when you are ready to decide on a plan use an online tool to help narrow the field.
  • Choosing a broker: Trust and track record are two of the major issues in choosing a broker. Fortunately, non-biased sources are available to rate both online.

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One female and two male students taking a test.Future of the 529 Plan

Income tax laws are a work in progress. The current statute regarding 529 plans expires in 2010, and there are no guarantees what Congress will decide to do afterward. Keep the following tips in mind when choosing a 529 plan.

  • Diversification will offer a hedge against changes in tax law.
  • The Coverdell Educational Savings Account, an alternative to 529 plans, also offers tax-deferred savings potential, and will not face expiration in 2010.
  • The public, accustomed to this form of saving for education, may demand the 529 plan be extended, but subject to federal regulation to reduce increasing fees and complexity among the states.
  • Be on the lookout for 529 plans to be “in the news” as 2010 approaches.

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