Rosemary Ervin, CPA
Director

"An important part of our job as tax advisors is to explore the future educational objectives of our client's family. These days, active working couples with a home, two good incomes and young children know they must plan ahead. They realize that educational expenses, particularly college, must be planned well in advance to take full advantage of the value of inflation, investment return and time on their hard earned money. Every dollar invested early in a career will return many fold when their child reaches college age. 529 plans are just one of the tools we look at to help our clients maximize the value of their income."

 

NOTES: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this web site is not intended or written to be used, and cannot be used, for the purpose of avoiding penalties assessed under the Internal Revenue Code.

Some states offer favorable tax treatment to their residents only if they invest in the state's own Section 529 plan. You should consult your tax advisor regarding the consequences of any investment in a Section 529 plan. *Qualified withdrawals made after January 1, 2002 are free from federal income tax. The provisions of the Economic Growth and Tax relief Reconciliation Act of 2001 will expire on December 31, 2010. Unless Congress takes action, earnings withdrawn from a 529 plan account after 2010 to pay for qualified higher education expenses will be subject to federal income tax.
 

Securities offered through 1st Global Capital Corp. Member NASD/SIPC. We have individuals licensed to offer securities in the states of CA, FL, IN, MA, NJ, NY, PA, RI and CT. This is not an offer to sell securities in any other state or jurisdiction.

Investment advisory services including fee based asset management accounts held through NFS, LLC are offered through 1st Global Advisors, Inc. All other financial planning services are offered through Hunter Financial Services, Inc. Hunter Financial Services, Inc. is not affiliated with 1st Global Capital Corp.

 

What is a 529 College Savings Plan?

529 College Savings plans are college savings and investment programs established by individual states to assist taxpayers in creating a tax-exempt savings vehicle for children, grandchildren and other relatives.    

The name is derived from the federal tax code that created the opportunity, Section 529. Thanks to changes mandated by the provision in the Tax Act of 2001, qualified withdrawals from Section 529 college savings plans are now completely tax-free.

 

Are there different plans? 

Yes, nearly one for every state. As the plans are established through legislation, they are operated either by individual states or through investment organizations selected by these states.  

 

Does New Jersey have a plan? 

Yes, in fact there are two plans, one for savings and one for pre-paid tuition. Under the New Jersey savings plan, (NJ Best) you can invest up to $185,000 per child in a 529 savings plan. NJ Best earnings are exempt from both state and Federal tax.  At this writing, there are five different programs, which are age-based investment plans with varying degrees of risk (the older the child, the less time to invest and the more conservative the investment allocation.) 

To qualify for the NJ Best program, either the account owner or the beneficiary must be a New Jersey resident, however the funds may be used in either an in-state or out of state institution.  There are additional incentives for attending a New Jersey school, though. The state provides up to $1,200 in tax-free scholarships when plan recipients attend a New Jersey college or university. 

Pre-paid tuition is another way for families to lock into savings.  Under this plan, participants select a college they plan to attend, and lock in at today’s tuition rate. Then, they pay either monthly or in a lump sum the current tuition.  If your child, nephew or grandchild still has five, ten or more years before college—and ultimately decides to attend a New Jersey school—they will attend at what is likely to be a significantly discounted, pre-paid price.  The downside, of course, is that the return on your investment is poor if the child decides to attend another school.

 Recent changes in the law provide pre-paid options for certain private institutions as well.

What are the differences between each state's plan?

The differences are many. Primarily, state plans will vary in the following key areas:

- per child investment limit
- state income tax deduction availability
- the annual cost of the all stock portfolio
- minimum contribution
- investment allocation
- investment risk as well as "guarantees"
- investment options based on age
- penalties for withdrawals and other fees
- overall user flexibility with regard to investment selections

Some states are virtual clones of other state plans, yet others are quite unique and flexible. For example, the Rhode Island CollegeBoundFund Plan offers a per child maximum investment limit of $265,620, approximately $80,000 higher than New Jersey. Some states manage their own funds, while others have well known investment firms do the work.  State-operated investment appear to offer lower fees than their for-profit neighbors, but their investment management styles are bound to just as different.

Plans also differ in the available options regarding allocation and investment type. There are many age-based programs (the younger the child, the more risk, and thus higher potential return) and some offer only fixed allocation plans from one source. As the popularity of 529 plans begins to grow, states are adding more and more optional choices for investors, including more conservative plans that address the concerns of savers who are not risk takers but want the advantages of tax free college savings.

Of course several states offer inexpensive plans, including New York, which also offers a partial state tax deduction, but its plan has a low maximum per child ($100,000) and levy's a penalty for withdrawals taken prior to the first 36 months in the plan.

Other states, like Nebraska, offer several different plans from varying banks or investment houses. Yet others--including New Jersey--offer pre-paid tuition options for students who stay within the state.

Parents or grandparents do not have to select a state plan from the state where they live; although some states require at least one party (the saver or the student) to be from that state, some plans are open to everyone.  For the most part, families are free to select from the state plan that offers the most appropriate investment strategy and options for their needs. So a family here on the east coast could opt to build a 529 plan for their children using a plan sponsored or managed by a mid-western or southern state, if their advisor recommended that strategy.

Who would benefit?

Your child, yourself, spouse or any relative you would like to name as a beneficiary. The flexibility in changing beneficiaries later makes this an excellent estate planning tool. If children do not attend school, grandchildren can be named in their stead. 

Can I change the beneficiary? 

Yes. If a child decides not to attend college, beneficiaries can be reselected to another family member. 

What are the advantages? 

Tax free income from the investments to use for school expenses.

 Are there downsides to this savings plan? 

There are several reasons why 529 plans must be reviewed and considered carefully before jumping in with both feet. The obvious risk is that the investments chosen by your plan do poorly, and your account loses money. For this reason, individuals or their advisor must chose a plan that meets the risk tolerance of the individual. 

If the recipient is likely to be eligible for other aid or scholarships, the money saved in the 529 plan is included in the financial statement, and can possibly push an applicant above the income/assets threshold limits for some grants or financial aid programs. For this reason, 529 plans must be carefully considered. If your income situation is such that financial aid is likely to be available for your child, or if other investment situations avail themselves (such as a large pending gift from an elderly relative or grandparent) you may want to take advantage of the tax savings possible with the 529 savings program. Conversely, if the anticipated savings from a 529 plan are not likely to force your child out of the running for needed financial aid, it may be a worthwhile investment option.

Another drawback of a 529 plan is when a non-qualified withdrawal is taken. Besides owing federal and state taxes on the earnings, you will face a 10% penalty, similar to an IRA plan penalty. 

How much do I need to get started? 

Not much. Plans differ, but essentially, a small deposit, minimum monthly payments into an account of as little as $25 or $50 can get you started. Some states have minimums of $1,200 to $2,500 to set up a plan.   In the New Jersey Best plan, minimum contribution options include $300 a year for the first four years, or $1,200 at the time the account is opened. There is a $5 annual maintenance fee. 

What happens if the recipient decides against college?

One of the very nice features of the 529 Savings Plan is portability. If one child does not attend a college, the funds can be re-designated for another family member, including a spouse, cousin, niece or nephew.  

How do I start? 

The smart way to start is to talk to a professional who can discuss your overall financial situation and help you assess your best options.  Hunter Group has expertise on staff to help you if you wish, and you can feel free to contact us to set a meeting to discuss your questions, concerns and desires regarding college and retirement planning.  For more information, contact our Marketing Department at 1-201-261-4030, extension 9823.

Note: The above is provided for information purposes only and is not an endorsement of any particular investment or strategy. You should only make an investment decision once you have carefully considered your total financial situation, and preferably with the advice and good counsel of your financial advisor, and, of course, your favorite CPA firm.  With that in mind, Hunter Group would be happy to talk to you about your interest in 529 plans. Please contact us to arrange a visit.