For the 2004 through 2005 period, the average cost of attending a
4-year private college is $20,082--up 6 percent. The cost of a 4-year
public college is $5,132--up 10.5 percent. The tax laws provide certain
tax-advantaged savings methods to encourage saving for college. Although
contributions to all of these plans are not deductible for federal
income tax purposes, the funds build up on a tax-deferred basis, and
earnings are never taxed if distributions are used for tuition and other
eligible expenses.
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529 Savings Plans
All states have college savings plans, and contribution limits and
investment options are set by each state. The amount of money available
at the time the child is in college depends on the plan's
investment performance. Investment losses from 529 savings plans can be
claimed only if all funds are withdrawn and they are less than the total
contributions.
Although anyone can make contributions to 529 plans, donors are not
limited to the plan in their state or the beneficiary's state; they
can choose any plan open to nonresidents (most plans are open plans).
States may provide tax incentives for contributions within their state.
These contributions are eligible for the annual gift tax exclusion
($11,000 in 2005; $22,000 if a spouse participates). Amounts in excess
of the annual gift tax exclusion are treated as having been made over
five years (i.e., eligible for five annual exclusions). For example, a
grandparent can contribute $55,000 per grandchild in 2005, and the gift
is fully shielded by the gift tax exclusion. Wealthy grandparents who
are planning to help pay for a grandchild's education can
effectively pre-fund this expense now with 529 plan contributions that
immediately remove assets from their estate.
Section 529 savings plans allow contributions to grow on a
tax-deferred basis and provide for tax-free withdrawals as long as
withdrawn amounts are used for qualified higher education costs. Assets
invested in 529 plans are explicitly protected by the Bankruptcy Abuse
Prevention and Consumer Protection Act of 2005. Funds contributed to
this type of plan more than one year prior to bankruptcy are excluded
from the bankruptcy estate if the beneficiary of the plan is a child,
stepchild, grandchild or step-grandchild of the debtor. However,
contributions made between one and two years prior to bankruptcy are
protected only to the extent of $5,000 per beneficiary. For more
information on 529 plans, visit www.savingforcollege.com.
529 Prepaid Tuition Plans
In contrast to savings-type plans in which funds can be used for
tuition, room and board and other qualified expenses, prepaid tuition
plan funds can be used only for tuition. However, contributions buy a
guaranteed portion of tuition, even if tuition increases. Contributors
avoid the risk of investment losses associated with other college
savings plans.
State plans. Less than half the states currently offer prepaid
tuition plans providing guaranteed tuition at state universities and
colleges. If the child does not attend a state school, a refund
generally is limited to contributions (plus, in some cases, a very
modest investment return).
Private plans. Private schools offer prepaid tuition plans but not
savings plans. More than 250 schools, including many prestigious ones,
have joined the Independent 529 Plan, a nonprofit private prepaid
tuition plan managed by the Teachers Insurance and Annuity
Association--College Retirement Equities Fund (TIAA-CREF).
Like state prepaid tuition plans, contributors lock into a portion
of the tuition. For example, say a parent expects his child to attend
his alma mater (a participant of the Independent 529 Plan). If current
tuition is $26,000 a year, the parent can lock into 50 percent of a
year's tuition by paying $13,000 now. Regardless of intervening
increases, half of a year's tuition is guaranteed. Of course, there
is no guarantee the child will be admitted to the school. Participating
schools have different discount formulas (contributors effectively
obtain tuition discounts). For more information and a free CD-ROM,
contact www.independent529plan.org. Indicate whether you desire a CD-ROM
from a financial advisor perspective or consumer perspective.
Coverdell ESAs
Annual contributions to Coverdell Education Savings Accounts (ESAs,
formerly called education IRAs) are limited to $2,000 per year per
beneficiary. However, high tax-bracket individuals are ineligible to
make these contributions; the adjusted gross income ceiling on joint
filer contributors is $190,000 to $220,000. This phase-out range is
double that for singles.
Coverdell ESAs offer the widest range of eligible expenses for
which withdrawals can be made tax free, and they include not only the
cost of higher education, but also elementary and secondary
school--including private and religious day schools. They also include
the cost of a computer and Internet access fees, school uniforms,
transportation costs and after-school activities.
Like 529 savings plans, Coverdell ESA funds available for the
beneficiary's education depend solely on investment performance.
Unlike savings plans, however, ESA contributors retain full investment
control. Savvy investors may be able to accumulate more on these funds
than on funds contributed to a state 529 savings plan.
Mr. Kess has authored 25 books on tax-related topics. He probably
is best known for lecturing to more than 45 state societies and more
than 700,000 practitioners on tax and estate planning. He created and
moderates the annual AICPA Conference on Tax Strategies for the
High-Income Individual. A graduate of Harvard Law School, Mr. Kess
received his LL.M. from New York University.
COPYRIGHT 2005 National Society of Public
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