What are 529 Accounts and Can They Save Me Money?

If you read this title and thought, “Man, 529 Accounts seems like a whole lot of accounts for one person, and why is such an oddly specific number?”, then you have stumbled upon the right blog post.

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If you have ever sat uncomfortably quiet when your buddies at the bar are discussing funding options, well, first…you need more fun friends.  That I can’t help you with much, other than to help you dazzle them the next time the topic comes up.

Established under section 529 of the Internal Revenue Code, these accounts are state sponsored qualified educational savings accounts designed to help save and pay for higher education costs.  

What makes them qualified?  Well, obviously you get a tax deduction for contributing to them, right? Nope.  There is not a federal tax deduction available upon contributing to a 529 account.  Why would you do it then?

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It is all about the growth.  Even though a federal deduction is not received upon contribution, these accounts function similarly to ROTH IRAs.  You are allowed to invest the contributions in securities and then the growth of the money invested in the accounts is not taxable while it remains in the 529 accounts.  Your contribution grows, tax free.  Then, if you withdraw the money for “qualified educational expenses”, the distributions are not taxable as income.

“Well the government must really limit what are qualified higher educational expenses if they are offering a deal that good!” 

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(Adjusts nerd glasses) Actually the tax law is surprisingly generous as to what is permitted to be paid for from a 529 account.  The following expenses are deemed qualified:

Tuition
Fees
Books
Supplies
Equipment
Room & Board (also off-campus rent)

Higher education can be for any 2 year or 4 year program after high school and you can even use up to $10,000 per year to pay for private secondary school education as well.

This may seem like a trick, but the government is attempting to encourage citizens to invest in education.  And we are taking advantage of the program.  As of the end of 2024, $508 Billion with a B have been invested in 529 plans.

And that’s not all, while there isn’t a federal tax deduction available for 529 plan contributions, many states do offer a deduction for state income tax.  The deduction and limitations vary by state so you want to be sure to check your home states rules.  They generally aren’t home run sized deductions but take the money where you can.

“Yeah, but what happens if my kid gets a scholarship or doesn’t use all of the money?”  No need to fear, you don’t necessarily lose the benefits.  You can assign a different beneficiary – a younger sibling perhaps – to the account instead, without tax consequence.  There may be family issues to deal with but you are clear on the tax part.  Another option if you run out of potential beneficiaries is to roll the 529 funds into a Roth IRA account.

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The Secure Act 2.0 granted the option to roll unused 529 account funds into a Roth IRA if the 529 account has been open for at least 15 years.  The total amount rolled over can’t exceed $35,000 and you can’t rollover any contributions made in the last 5 years.  There are a few other rules so be sure to check with a qualified advisor on eligibility.

“This all sounds great, but how do we get money in there?”  Great question.  In the funding discussion, we need to touch on gift tax rules.  You may not have known that there can be a tax on gifts.  Two tax types in one blog post – man did you hit the jackpot. 

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We won’t get too into gift tax here, but the government has a tax in place to make sure wealthy individuals don’t dodge the estate tax too much by giving money to their decedents.  There are several exceptions and planning techniques to help reduce liabilities but those aren’t for this post.  One exception to the gift tax is the annual exclusion.  This is important since contributions to a 529 account are technically a gift to the beneficiary.  The annual gift tax exclusion is an amount of money that changes with inflation most years that permits you to give to any individual without ever having to worry about the gift tax.  For 2025 and 2026, the annual exclusion amount is $19,000.  So you can put up to $19,000 into a 529 account for any number of beneficiaries without ever worrying about gift tax.  You do need to check your state rules though.  Just because this is the federal limit doesn’t mean you can take a state tax deduction for the full amount. Some states have caps on the deduction you can claim for 529 account contributions.  

There is also a special rule for 529 accounts that allow you to “superfund” them.  Sounds pretty spectacular right?  This rule for 529 accounts allows you to fund up to 5 times the annual exclusion amount in year 1 and then treat that as being contributed over 5 years for gift tax purposes, meaning you don’t have to worry about gift tax if you don’t give the beneficiary anything else during that time period.  This “super funding” option allows your contributions to be invested and start growing tax free sooner than making that contribution each year over the next 5 years.

This wraps up our primer on 529 accounts.  Hopefully, you can now impress your friends at Christmas parties.  If this sounds like something you’re interested in, please reach out to a qualified professional.  Again, this is just a blog and not to be taken as tax advice.

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I hate The State Income Tax Deduction Cap and How to Kick it to the Curb

Alright faithful reader, this post is in the tax weeds a little bit but worth your time.  One of the most discussed and impactful tax changes that came about in the Tax Cuts and Jobs Act (TCJA) from 2018, came in the form of limiting the itemized deduction that tax payers could claim on a personal return for state income taxes paid.  You may be saying “TGHA (that’s me), what in the world are you talking about?”

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Prior to 2018, taxpayers who paid state income taxes were allowed to take an itemized deduction on Schedule A for those taxes as well as some others, such as property taxes.  This greatly benefited residents in states that assess a high state income tax in addition to the Federal income tax ( cough, California & New York, cough, cough).  The TCJA changed all of that.  It placed a cap on the deduction of state taxes of nearly all types to $10,000.  Immediate uproar ensued from the states accustomed to the old ways of financing their state budgets at the expense of the federal government.  That’s harsh but true from a certain point of view

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Now residents of these states would be unable to deduct these high taxes, effectively increasing taxes on residents of states that charge their residents a high price for the privilege of residing there.

So that is the state of things here in 2024.  The state tax cap is in effect. All taxpayers have a capped deduction at $10,000 regardless of how much income tax or property tax you pay.  Now, the important part, what can you do about it?

The first and most obvious thing – MOVE.  This isn’t a cute acronym.  Many US citizens are moving from high tax states to lower tax states.  Some have taken to calling themselves “Tax Refugees”.  An option that is always on the table is picking up your home and moving somewhere less expensive.  This can be real dollars.  If you move from a state with an upper rate of 13% to a state with no income tax, this is huge boost to your standard of living.  Here at TGHA, we strive to pay as little tax as we are legally allowed.  Relocation helps reduce tax at a personal level and it holds law makers accountable to the legislation that pass instituting theses taxes.  Check out these stories here to see how effective relocation can be.

Many times, taxpayers can’t move for one reason or another.  What else can you do?  Most states have now offer a work around of the state tax cap for individuals who own a partnership or S Corporation.  It is common referred to as the “Pass Through Entity” Tax (PTE).

Most states have recently passed legislation allowing owners of a partnership or S Corporation to pay the personal state income tax liabilities of the shareholders, out of the business account and have the business take the deduction from income for those taxes.  This shifts the state income tax from being a personal expense of the shareholder to a business expense, where there is no cap on state income taxes.  The tax expenses reduce the amount of income that “passes-through” to the shareholders (accountants aren’t the most creative when titling things) effectively providing a state income tax deduction that would otherwise be capped if the same shareholder attempted to deduct these taxes on their personal return instead. We could walk through a numerical example at this point, but I don’t want your eyes to glaze over if you have stuck with me so far. 

If you own an S Corp, partnership, or LLC and aren’t taking advantage of this, ask your accountant why not? Don’t be mean about it, accountants are mostly good people.  Also, if you tell them you heard about it on the internet, they will immediately think you mean TikTok, and then look at you suspiciously.  There is a lot of less than reputable info floating around out there. 

Thanks for reading.  Drop a note in the comments below.  Until next time…

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Getting rid of your house and Paying $0 in tax

As a professional practicing CPA (I know..I made poor life choices), I bet every other month I have a client ask a variant of the following question: “I’m selling my house. Do I have to pay tax on that?”  Sometimes, the answer is “It depends on who you are asking”.  If you ever ask someone from the government this question, the answer is nearly 9 times out of 10, you definitely have to pay tax.  But I say in the immortal words of the great Lee Corso:

Inside the depths of the IRC (that’s tax speak for Internal Revenue Code) there lies a great exclusion from tax for the gain on the sale of your personal residence.  Here is how it works.  First off, you are only taxed on the gain you make off the sale, not your gross selling price.  You are allowed to deduct things like:

  • brokerage commissions
  • home improvements
  • your original cost of the house

from the sales price. This net amount, the gain, is at most what you might pay tax on.

If you owned your house for at least 2 years and it was used as your personal residence for at least 2 out of the last 5 years, you can exclude up to $250,000 of gain income from taxation.  If you owned the home jointly with your spouse, you both get the exclusion.  That’s $500,000 of gain to be excluded from tax.   

That’s the basics.  Like everything in the IRC, there are a bunch of other details that can affect this “simple” exclusion like:

  • I own multiple personal residences
  • I didn’t own it 2 years
  • My spouse died
  • What is a personal residence?
  • I rent it out

If you run into questions like these, contact a professional for help.  Don’t call the IRS. They’ll just tell you its taxable.