In addition, you are allowed an “applicable exclusion amount” that effectively exempts around $12,920,000 in 2023 for total lifetime gifts and bequests made at death. Note: State tax treatment may differ from federal tax treatment, so look to the laws of your state to find out how your state will treat a 529 plan gift. Contributions to a 529 plan are treated as gifts to the beneficiary A contribution to a 529 plan is treated under the federal gift tax rules as a completed gift from the donor to the designated beneficiary of the account. Such contributions are considered present interest gifts (as opposed to future or conditional gifts) and qualify for the annual federal gift tax exclusion. In 2023, this means you can contribute up to $17,000 to the 529 account of any beneficiary without incurring federal gift tax. So, if you contribute $25,000 to your grandchild’s 529 plan in a given year, for example, you would ordinarily apply this contribution against your $17,000 annual gift tax exclusion. This means that although you would theoretically need to report the entire $25,000 gift on a federal gift tax return, you would show that only $8,000 is taxable. Bear in mind, though, that you must use up your federal applicable exclusion amount (about $12,920,000 in 2023) before you’d actually have to pay gift tax. Special rule if you contribute a lump sum Section 529 plans offer a special gifting feature. Specifically, you can make a lump-sum contribution to a 529 plan of up to five times the annual gift tax exclusion ($85,000 in 2023), elect to spread the gift evenly over five years, and completely avoid federal gift tax, provided no other gifts are made to the same beneficiary during the five-year period. A married couple can gift up to $170,000. For example, if you contribute $85,000 to your grandchild’s 529 account in one year and make the election, your contribution will be treated as if you would make a $17,000 gift for each year of a five-year period. That way, your $85,000 gift would be nontaxable (assuming you do not make any additional gifts to your grandchild in any of those five years).
If you contribute more than $85,000 ($170,000 for joint gifts) to a particular beneficiary’s 529 plan in one year, the averaging election applies only to the first $85,000 ($170,000 for joint gifts); the remainder is treated as a gift in the year the contribution is made. What about gifts from a grandparent? Grandparents need to keep the federal generation- skipping transfer tax (GSTT) in mind when contributing to a grandchild’s 529 account. The GSTT is a tax on transfers made during your life and at your death to someone who is more than one generation below you, such as a grandchild. The GSTT is imposed in addition to (not instead of) federal gift and estate tax. Like the basic gift tax exclusion amount, though, there is a GSTT exemption (also about $12,920,000 in 2023). No GSTT will be due until you have used up your GSTT exemption, and no gift tax will be due until you have used up your applicable exclusion amount. If you contribute no more than $17,000 to your grandchild’s 529 account during the tax year (and have made no other gifts to your grandchild that year), there will be no federal tax consequences — your gift qualifies for the annual federal gift tax exclusion, and it is also excluded for purposes of the GSTT. If you contribute more than $17,000 in 2023, you can elect to treat your contribution as if made evenly over a five-year period (as discussed previously). Only the portion that causes a federal gift tax will also result in a GSTT. Note: Contributions to a 529 account may affect your eligibility for Medicaid. Contact an experienced elder law attorney for more information. What if the owner of a 529 account dies? If the owner of a 529 account dies, the value of the 529 account will not usually be included in his or her estate. Instead, the value of the account will be included in the estate of the designated beneficiary of the 529 account. There is an exception, though, if you made the five-year election (as described previously) and died before the five-year period ended. In this case, the portion of the contribution allocated to the years after your death
ESTATE PLANNING | EDUCATION COST PLANNING
Estate Planning and 529 Plans
Leslie Thompson CFA ® , CPA, CDFA™ Editor and Chief Investment Officer Co-Founder
When you contribute to a 529 plan, you will not only help your child, grandchild, or other loved one pay for school, but you will also remove money from your taxable estate. This will help you minimize your tax liability and preserve more of your estate for your loved ones after you die. So, if you’re thinking about contributing money to a 529 plan, it pays to understand the gift and estate tax rules.
Overview of gift and estate tax rules If you give away money or property during your life, you may be subject to federal gift tax (these transfers may also be subject to tax at the state level). Federal gift tax generally applies if you give someone more than the annual gift tax exclusion amount, currently $17,000, during the tax year. (There are several exceptions, though, including gifts you make to your spouse.) That means you can give up to $17,000 each year to as many individuals as you like, federal gift tax-free.
22 PERSPECTIVE Summer 2023
PERSPECTIVE Summer 2023 23
Made with FlippingBook Online newsletter maker