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In recent years, the 529 Plan has become a very popular college
savings alternative among investors. The account’s investments
grow federal and typically state tax-free as long as the money is
used to pay for qualified higher-education expenses, including tuition,
fees, books, supplies, and room and board. And while 529 Plans should
be primarily used for college planning, many do not realize they
can also play an integral role in estate planning. In fact, any
assets you contribute to a 529 Plan account are removed from your
federal taxable estate and are treated as gifts for tax purposes,
which mean they qualify for the $11,000 annual gift tax exclusion
($22,000 per couple).
Here
are some additional estate-planning benefits:
Control:
Although the assets gifted to a 529 Plan are no longer considered
part of your federal taxable estate, you continue to retain control
over investment, withdrawal and beneficiary decisions. You reserve
the right to name a new beneficiary if the original beneficiary
receives a scholarship or pursues interest outside academia, and
you determine how much to contribute. Additionally, there is no
minimum distribution age and no income limits to participate.
Accelerated
gifting: Unique to the 529 Plan, the IRS allows donors
to make five years’ worth of tax-free gifts in one year –
but only once every five years. That means you can contribute up
to $55,000 at once ($110,000 per couple), which can help minimize
potential estate tax obligations. It is important to note that if
the donor dies within the five-year period, some gifts may be brought
back into his or her estate.
Successors
and trust ownership: Most state qualified tuition programs
permit a trust to be an account owner of a 529 Plan. (However, a
trust cannot be the beneficiary.) With a trust, there is continued
control after death, as the trustee is the clear account owner and
the 529 Plan’s assets may be safe from court judgments and
inheritance battles, depending on the terms of the trust. Trusts
also can contain specific directions on how the trust funds can
be used.
For
more information on 529 Plans and their estate-planning benefits,
please feel free to contact me.
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