Step 3
Reach multigenerational prospects and promote the estate-planning benefits of 529 plans.
Make college savings a family affair by reaching out to grandparents and other family members to contribute. Explain how they may also be able to take advantage of estate planning benefits associated with 529 savings plans:
- High gifting limits can help put money to work. Investments have the most potential to benefit the beneficiary when they have the longest possible investment timeframe. Thanks to the high gift tax exclusions of a 529 plan , contributors are able to put sizable assets to work.
- Tax-free wealth transfers remove the tax burden — not the control. Contribution limits differ from plan to plan. (For instance, the limit for the CollegeAmerica 529 savings plan has been increased to $550,000.)
There are three ways clients can fund a 529 plan and avoid gift-tax consequences. First, they can use the annual gift tax exclusion of up to $18,000 a year ($36,000 if they're married) per beneficiary. Under a special gift tax election, clients can also make a lump-sum contribution of up to $90,000 ($180,000 if married) and elect to spread the gift evenly over five years with no federal gift tax consequences (assuming no other gifts are made to the same beneficiary during the five-year period). If the donor of an accelerated gift dies within the five-year period, a portion of the transferred amount will be included in the donor's estate for tax purposes. Tell clients to consult with a tax advisor regarding their specific situations.
The second way to fund a 529 plan and avoid gift tax consequences is by using the lifetime exemption amount. Clients can fund their contributions with gifts that apply against their unused lifetime exemption amount from the estate and gift tax. The lifetime exemption amount is currently $12.06 million per individual, but this amount is scheduled to be reduced substantially at the end of 2025.
The third option is to use a combination of annual exclusion gifts and gifts against the lifetime exemption amount. Clients can fund a portion of their 529 contributions with annual exclusion gifts, with the remainder coming from gifts that apply against their lifetime exemption from the estate and gift tax.
- There’s no limit on the number of beneficiaries. The number of beneficiaries for whom they can make gifts is unlimited. Eligible contributions are deducted from their estate, but the account owner retains control of the assets as well as the withdrawals.
If withdrawals from 529 plans are used for purposes other than qualified education expenses, the earnings will be subject to 10% penalty in addition to federal and, if applicable, state income tax. States take different approaches to the income tax treatment of withdrawals. For example, withdrawals for K-12 expenses may not be exempt from state tax in certain states. Please consult your tax advisor for state-specific details.