The Florida Estate Planning and Probate Law Blog is focused on recent federal and state case law and planning ideas.

EXPANDED 529 PLAN BENEFITS FOR ELEMENTARY AND SECONDARY SCHOOL EDUCATION

The new Tax Cuts and Jobs Act of 2017 (the “Act”) brings a new savings opportunity for those who desire to put away funds for a child, grandchild or other family members future education expenses. The Act, which went into effect on January 1, 2018, expands the use of 529 Savings Plans (“529 Plan”). A 529 Plan is legally known as “qualified tuition plans,” are sponsored by states or educational institutions and are authorized under Section 529 of the Internal Revenue Code. 529 Plans were designed to encourage saving for future college costs and provide for qualified higher education expenses (tuition, fees, books, supplies, computers and related equipment). 529 plans also have no income, age or annual contribution limits. Although contributions to a 529 Plan are not federal tax deductible, the contributed funds will grow federal income tax-free and will not be taxed when taken out to pay for qualified higher education expenses. The Act now allows for a 529 Plan's payment of qualified education expenses for attendance at an elementary or secondary school. This amount is capped at $10,000 per plan beneficiary per year. It is important to note that assets held in a 529 account owned by a grandparent, other relative or anyone else besides a dependent student or one of their parents will have no adverse impact on the student's ability to apply for federal student aid. However, the withdrawal of funds to pay for the child’s qualified education expenses will count as student income for purposes of their eligibility for federal student aid.