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#21336 - 06/25/01 04:24 PM Leftover money in 529
t1968
Registered: 06/25/01
Posts: 24
In the event that there is money leftover after the beneficiary completes his or her education, is there any painless out for those funds?

I assume leftovers could be transferred to another beneficiary. However, in the event there is no other qualified beneficiary, is the only way for the grantor to recover the funds to pay the 10% penalty + income tax on the gain? How would they figure basis at that point?

Also, in those states that have no limit on the amount of time the money remains in the account, could there in effect be a legacy created for the original beneficiary's offspring by having the grantor designate the new baby as the beneficiary of those leftover funds?

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#21337 - 06/25/01 09:50 PM Re: Leftover money in 529
Joe Hurley Administrator
Registered: 01/07/00
Posts: 2080
Short of the beneficiary's death, disability, or receipt of scholarship, a non-qualified withdrawal will draw a penalty. So how long before someone tries to get cute and changes beneficiary on an overfunded 529 account to 104-year old grandpa as the docs are looking at the DNR order? I suppose the IRS will at some point come up with some ways to try to plug this loophole.

The IRS should be much nicer to you if you switch beneficiary to the new grandchild instead of to great grandpa. Just keep in mind the gift tax rules that say a generation drop in beneficiaries is a deemed gift from old beneficiary to new beneficiary.

Joe

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#21338 - 06/25/01 10:54 PM Re: Leftover money in 529
Drew
Registered: 01/09/00
Posts: 2478
In addition to 104 year old grandpa you can pick yourself and go back to college in retirement, pick somebody who just got a scholarship, pick a disabled relative --which can be a very broad category, or simply let the 529 continue to grow tax free until somewhere down the family line it can be used. Only if the family line comes to an end do you start to have limited options.

And you can die (or be disabled in some states) and pass ownership to a new owner, nontaxable transfer, and let him or her figure it out. (If you pick the right owner you can probably have just a 10% "penality" and little/no income tax effect) Not bad?

Hey, worst case, donate it and try for a letter rule to get credit for a full value deduction. In fact I am suprised that such an charity out clause is not already there someplace, sort of like donating an IRA.
_________________________
Drew

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