Q&A: Financial aid and 529 plans

Dear Liz: As a grandparent who has established 529 accounts for each of my grandchildren, I was particularly interested in your advice to the writer who asked you how to use money that’s left in the 529 account to pay off a loan debt. Although it seems that “the horse had already left the barn,” why didn’t the niece use all the funds in the 529 account before accruing student loan debt? Am I missing something?

Answer: It’s possible the withdrawals could have reduced the niece’s financial aid, so she opted to take out loans instead.

In the past, the federal financial aid formula heavily penalized withdrawals from 529 college savings accounts held by people other than the beneficiary’s parents. The accounts themselves weren’t counted by the formula, but any withdrawals were treated as untaxed income to the student. The standard advice was to wait until the last financial aid form had been filed to begin taking withdrawals.

That’s going to change, although not as soon as originally expected.

The Consolidated Appropriations Act of 2021 required the Free Application for Federal Student Aid, or FAFSA, form to be simplified, removing several questions including one about whether the student got money from people other than parents.

The new FAFSA form was supposed to be released next year, but the Department of Education announced in June that the proposed changes would be delayed but implemented in time for the 2024-25 award year. Until the form has been updated, you’d be smart to hold off on tapping the 529s if your grandchildren will need financial aid.

Q&A: How a 529 plan can help with education loans after graduation

Dear Liz: I have a 529 plan for my niece who has now graduated from college. She has student loan debt and would like to use the money left in the 529 account to pay this debt. Is this allowable without incurring penalties?

Answer: Yes, up to $10,000.

The Setting Every Community Up for Retirement Enhancement Act, or SECURE Act, of 2019 allows a beneficiary a lifetime limit of $10,000 to repay the beneficiary’s student loans, including federal and most private loans, without taxes or penalties. You can withdraw an additional $10,000 to repay student loans for each of her siblings.

If there’s still money left in the 529 after that, you have the option of changing the beneficiary to another qualifying family member (including the beneficiary’s spouse, children, siblings, in-laws, aunts and uncles, nieces and cousins, parents and grandparents). You also can change the beneficiary to yourself, as the account owner. Such beneficiary changes preserve your ability to make tax- and penalty-free withdrawals for qualified education expenses.

Q&A: Why 529 college savings plans are still worthwhile, especially for grandparents

Dear Liz: The state where I live, Oregon, has removed the tax deduction for 529 college savings accounts. This was quite disturbing to discover upon getting my taxes done this year. Other than the obvious savings benefit, are these accounts still worth having? Fortunately our son is almost done with college, so it won’t affect us much, but I am thinking of my two granddaughters.

Answer: Although there’s no federal tax deduction for 529 contributions, most states offer some kind of tax break or other incentive to contribute to their college savings plans. Oregon now offers a tax credit capped at $150 for single filers or $300 for married couples that doesn’t benefit higher earners as much as the previous deduction.

(Some states have no income tax and thus no deductions for 529s, while a few — California, Delaware, Hawaii, Kentucky, Maine, New Jersey and North Carolina — have a state income tax but no 529 tax break.)

College savings plans still allow your money to grow tax-deferred and to be used tax-free for your children’s education. That can be a big benefit for higher-income families, especially when they have young children. (The longer the money has to grow, the bigger the potential tax advantage.)

Grandparents may have additional reasons to contribute. Starting this year, money in a grandparent-owned 529 is completely ignored by federal financial aid formulas. (Although money in a parent-owned 529 has always received favorable financial aid treatment, distributions from a grandparent-owned 529 in the past were heavily penalized.)

So yes, 529 plans are still worthwhile for higher earners — and you’re not limited to your own state’s plan. If you’re not getting a tax incentive to stay home, you have many great options. Morningstar annually updates its list of the best 529 plans and last year singled out Illinois’ Bright Start College Savings, Michigan’s Education Savings Program and Utah’s My529 for top honors.

Q&A: Is it time to rethink college savings?

Dear Liz: My wife and I have three kids ages 4 and younger. We have been diligently saving in our state’s 529 college savings plans for all of them. Now with various concepts of free college and student debt relief gaining traction, I’m wondering if we would be better off simply investing future amounts elsewhere that don’t lock it into educational expenses, which may look very different in 14 to 18 years.

Answer: Politics is the art of the possible. Although some student debt relief is possible, as is some expansion of free college options, it’s hard to imagine a U.S. where college educations are entirely free for everyone.
Even in states that currently offer free two- or four-year public college options, the aid is typically limited to free tuition, which means students still have to pay for books, housing, meals, transportation and other costs. Some programs are need based, which means not all students qualify, and many students choose other non-free options, such as private colleges and graduate school.

So the advice hasn’t changed: If you can save for college, you probably should. You may not be able to cover all the costs of your children’s future education, but anything you save will probably reduce their future debt.
In an uncertain world, 529 college savings plans offer a lot of flexibility. The money can be used tax free for a variety of college expenses, and any unused funds can be transferred to a family member — including yourself or your wife, should either of you want to pursue more education. If you withdraw the money for non-education purposes, only the earnings portion is typically subject to income taxes and the 10% federal penalty.

Q&A: Are those 529 college savings plans still a good idea?

Dear Liz: Last week we had an infant come into this world and we’re already thinking about college. I know you’ve addressed this before, but things change and I was wondering if the 529 plan is still the way to go. If our son decides not to go to college, what are the tax consequences?

Answer: Congratulations! Yes, state-sponsored 529 college savings plans are still a great way for many families to save for future college costs. The money grows tax deferred and withdrawals are tax free when used for qualified education expenses.

Even if your son opts not to go to a four-year college, he will probably need some kind of post-secondary education. Withdrawals from 529 plans can be used to pay for any accredited school in any state, including community college and trade schools.

On the off chance that he doesn’t get any kind of schooling, or conversely gets a full ride, you can change the beneficiary so that the money pays for the education of a sibling or other close relative, including yourself. And if nobody wants to use the money for schooling, you can simply withdraw it. The earnings will be taxed and subject to a 10% penalty.

Q&A: How to protect a child’s education savings from greedy adults

Dear Liz: I understand that money for children’s college education can be put in a bank account with a parent as the trustee under the theory (I suppose) that the child might make bad decisions. In my case, money that I had worked hard for was put into a custodial account and then used by my parents for “necessary” household expenses. My family was not impoverished. This was a dreadful memory for years, and I’m not the only one. Social Security money for a relative, a child, was lost in a divorce. In another case, money was given to a parent for education, but was used in a failed real estate deal, with the children never realizing the money was meant for them. How can money be invested for a child’s education without it being available to an adult for “necessities”?

Answer: When parents take money that belongs to their children, they may not think of it as stealing. But that’s exactly what it is, legally and, of course, morally. There are clear rules for custodial accounts and trusts that should prevent such self-dealing, but often the child’s only recourse would be to sue the parents. That could make for some awkward Thanksgiving dinners.

There wasn’t much you could have done as a child to prevent the theft. But if you ever want to give money to another child, think carefully about the integrity and ability of the person you’re putting in charge of the money.

First pay attention to how they handle their own money. Someone who’s deeply in debt or living paycheck to paycheck may not have the skills to be a good steward.

Then ask yourself, “Could I see this person taking the money if they were really hard up for cash or could otherwise justify it to themselves?”

Then pay attention to your gut reaction. If you believe the person has integrity, that doesn’t mean something bad can’t happen, but you’ve certainly reduced the odds. If you have questions, or you don’t know the person well, you may have other options.

For college expenses, you can open a 529 college savings plan, name the child as the beneficiary and continue controlling the account yourself until the money is paid out for college.

This approach can have potentially large financial aid implications if you’re not the parent, so you may need to delay distributions until after the child files his or her last financial aid form. Sites such as SavingForCollege.com have more information about how these plans interact with financial aid.

A 529 plan probably will be the best option in most situations. Otherwise, you can consult a lawyer about setting up a trust and naming a trustee other than the parents. Trust distributions also can affect financial aid, so you may need to time those carefully.

Q&A: Redirecting a 529 college savings plan

Dear Liz: Years ago when my children were young, we established 529 college savings plans for them. Unfortunately, both children ended up in the wrong crowds and never entered college. We still have the funds. What are our options? We do have a grandson now; would it be possible to change the beneficiary?

Answer: Yes. You can change a 529 plan’s beneficiary without triggering a tax bill as long as the new beneficiary is a “qualifying family member.” By the IRS’ definition, that includes the original beneficiary’s child or other descendant. (Qualifying family members also include spouses and siblings, parents, in-laws, uncles, aunts, nieces, nephews and cousins.)

Q&A: This 529 college savings plan has a problem: no kids

Dear Liz: When I found out I could save for my future children by enrolling in a 529 college savings plan and not pay taxes on the growth, I started doing that three years ago. Since then I got married, and my wife decided to get an MBA. I have $41,000 saved away for my currently nonexistent children. Am I able to transfer that money to my wife and use it to pay for her MBA without getting penalties?

Answer: Yes.

The beneficiary of your 529 plan is not actually your unborn children, since you can’t open these plans for nonexistent kids. When you started the account and were asked for the beneficiary’s Social Security number, you probably provided your own.

That could have created a small problem down the road when you did have kids because changing the beneficiary to someone one generation removed — from parent to child, for example — is technically making a gift, and gifts in excess of $15,000 per recipient per year are supposed to be reported to the IRS using a gift tax return. Fortunately, you wouldn’t actually owe any gift tax until you’d given away several million dollars above that annual limit.

By contrast, changing the beneficiary to a family member in the same generation — from yourself to a spouse, for example — is not considered a gift and wouldn’t trigger the need to file a gift tax return.

Q&A: A reader’s college funding rules

Dear Liz: I’d like to share with other parents how my husband and I paid for college for our two daughters. We had three rules. 1. If an out-of-state or private college was chosen, then they would be required to pay us back the difference compared to an in-state public school. They both did opt for that and both paid us back every cent. 2. We would only pay for four years and not one more day. Get in, get out. Go to summer school and work jobs. 3. They would receive a monthly allowance of $100 only. Both daughters got a fabulous education, are grateful and felt they had invested in their future well. So did we and we are very proud of them.

Answer: As well you should be! Obviously, many parents can’t afford to be nearly as generous with their kids, but those who can be should think about putting limits on their generosity to make sure their progeny are motivated to get the most out of their education. One caveat: Getting a degree in four years has become increasingly difficult at many public colleges because of budget cuts. You don’t say when your daughters graduated, but today’s parents may need to keep that in mind when figuring out how much to contribute.

Q&A: What to consider before giving money for law or medical school

Dear Liz: Our daughter is in medical school using scholarships and student loans. We are now in a position to help her out, but worry that financial help might work against her sources of aid. Would it be better to pay some on her outstanding loans, give her money, pay some of her living expenses or put the money into a savings account to give her when she graduates to use towards paying down her debt? The amount we could give her would not be enough to pay for everything each semester, just something to ease her burden. We don’t want to jeopardize her ability to receive aid.

Answer: While nearly all graduate students qualify as independent — which means that parent financial information isn’t required to get aid — some medical and law schools do consider parental assets and income in their calculations.

Your daughter should call her school’s financial aid office anonymously to ask about its policy regarding parental aid, said Lynn O’Shaughnessy, a college financing expert at TheCollegeSolution.com. If your help would hurt, you can use the savings account route but you needn’t wait until she graduates to give her the money. Once she files financial aid forms for her last year, she should be able to accept your largesse without consequence.