IRC §529 · 26 U.S.C. §529
IRC §529: Qualified Tuition Programs
IRC §529 shelters education savings — tax-free growth, tax-free qualified withdrawals, state deductions, and a Roth rollover for what’s left. The education account that doubles as estate planning.
What it governs
- Tax-free qualified withdrawals for higher education, K-12 (capped), and apprenticeships
- Contributions are completed gifts — five years of annual exclusion front-loadable at once
- Unused balances roll to the beneficiary’s Roth IRA ($35,000 lifetime, 15-year account)
- Nonqualified withdrawals: earnings taxed plus 10% penalty
In the GuideFull treatment in Chapter 16 of the Guide (principal treatment) and Chapter 21 — THE TAX CUTTERY® Guide to Federal Income Taxation, Professional Edition (564 pages, 24 chapters).
Related sectionsIRC §2503 — the annual exclusion 529 gifts consume · IRC §1015 — gifted basis vs 529’s clean slate
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Questions this section answers
- How much can I put in a 529?
- States set aggregate caps in the hundreds of thousands; gift-tax-wise, five years of annual exclusion can be front-loaded in one year with an election. There is no federal deduction — the benefit is all on the back end.
- What if my kid skips college?
- Change the beneficiary to any family member tax-free, hold it for grandchildren, or roll up to $35,000 lifetime into the beneficiary’s Roth IRA. The nuclear option — a nonqualified withdrawal — taxes earnings plus 10%.
- Do 529s hurt financial aid?
- Parent-owned 529s assess around 5.6% as parental assets, and qualified distributions no longer count as income on the FAFSA. Grandparent-owned 529s are effectively invisible now — fund from any generation.
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The Guide treats 149 Code sections across 24 chapters — every claim verified against primary sources.
Get the Guide — $299