Are 529 contributions tax deductible?

STATES WITH 529 PLAN TAX BENEFITS

Across the U.S., more than 30 states and Washington D.C., offer some sort of state benefit or tax credit for 529 plan contributions. While most states require the contributor to use a plan from their home state to qualify, several offer tax parity for any 529 contributions. Below you’ll find a table highlighting all the states with deductions, what those deductions are and whether or not each state offers tax parity:^1, 2

If you’re planning to claim a state income tax deduction for your contributions, you should learn whether your state applies income recapture rules to 529 plans. Income recapture means that deductions allowed in one year may be required to be reported as taxable income if you make a nonqualified withdrawal from the 529 plan in a later year. Again, check the laws of your state for details.

TAX BENEFITS OF A 529 COLLEGE SAVINGS PLAN

This brings us to one of the main benefits of a 529. Despite the fact that contributions are not tax deductible (in most cases), they are generally tax deferred both for federal and state purposes. This means you don’t pay income taxes on the plan’s earnings each year, allowing your investments to take advantage of the power of compound interest.

Then, if you take out money and use it to pay for qualified education expenses, the earnings portion of your withdrawal is free from federal, and perhaps, state income tax. This presents a significant opportunity to help you accumulate funds for college.

States differ in the 529 plan tax benefits they offer to their residents. For example, some states may offer no tax benefits, while others may exempt earnings on qualified withdrawals from state income tax and, as noted, offer a deduction for contributions. However, keep in mind that states without tax parity limit their tax benefits to individuals who participate in an in-state 529 plan.

529 PLAN WITHDRAWAL RULES

You should look to your own state’s laws to determine the income tax treatment of withdrawals (and deductions). In general, you won’t be required to pay income taxes to another state simply because you opened a 529 account in your home state. But you’ll probably be taxed in your home state of residency on the earnings distributed by your 529 plan, or by whatever state sponsored it, unless your state grants a specific exemption. Also, make sure you understand your state’s definition of “qualified education expenses,” since it may differ from the federal definition.

QUALIFIED VS. NONQUALIFIED WITHDRAWALS

At the federal level, a qualified education expense includes things such as:

• Tuition and fees
• School supplies
• Books for college and graduate school
• Computers, technology, equipment and internet

Room-and-board expenses are also considered qualified if the beneficiary is attending college or graduate school on at least a half-time basis. On the other hand, a nonqualified withdrawal refers to any expense outside of education, such as application fees or transportation.

If you make a nonqualified withdrawal (i.e., one not used for qualified education expenses), the earnings portion of the distribution will usually be taxable on your federal income tax return in the year of the distribution, and probably state return as well. The earnings are usually taxed at the ordinary income tax rate of the person who receives the distribution (known as the distributee). In most cases, the account owner will be the distributee. Some plans specify who the distributee is, while others may allow you (as the account owner) to determine the recipient of a nonqualified withdrawal.

You’ll also pay a federal 10% penalty on the taxable amount of the nonqualified withdrawal (usually, that means on the earnings). There are a couple of exceptions, though. The penalty is usually not charged if you terminate the 529 account because the beneficiary has died or become disabled, or if you withdraw funds not needed for college because the beneficiary has received a scholarship. A state penalty may also apply.

And just to clarify, these penalties only apply for nonqualified withdrawals. There isn’t really such a thing as an “early” withdrawal for a qualified expense, no matter if the account has been open 18 months or 18 years. And because of this, federal tax law allows you to use a 529 plan to pay for qualified K-12 expenses, up to $10,000 per year.

However, not all states are compliant with federal rules, so if you live in a noncompliant state and use 529 funds for K-12 expenses, you could be subject to a penalty. So make sure to check with your tax professional first.

GET FINANCIAL GUIDANCE FOR YOUR COLLEGE SAVINGS PLAN

At Edelman Financial Engines, our planners work with clients to help them achieve their financial goals. If you have questions about saving for your child or grandchild’s education, contact one of our planners today. They can help you determine if a 529 plan can be utilized as a part of your comprehensive financial plan.

1. Widmayer, C. (February 28, 2022). Bankrate, What states offer a 529 plan tax deduction? Retrieved February 24, 2023, from https://www.bankrate.com/loans/student-loans/does-your-state-offer-529-plan-tax-deduction/

2. Toner, M. (January 17, 2023). Saving for College, How Much is Your State’s 529 Tax Deduction Really Worth? Retrieved February 24, 2023, from https://www.savingforcollege.com/article/how-much-is-your-state-s-529-plan-tax-deduction-really-worth