Investing in a 529 plan – typically regarded as the best way to save for a child’s college education – has become a more attractive savings vehicle thanks to a new federal law going into effect this year. Read on to learn more about the change affecting 529 plans.

What is a 529 Plan?

A 529 college savings plan is a state-sponsored investment account that enables you to save money for a beneficiary and pay for education expenses. These plans offer tax-free earnings and withdrawals for tuition and other qualified higher education expenses (QHEEs) such as tuition, supplies, and room and board. Additionally, due to the 2017 Tax Cuts and Jobs Act, the funds in a 529 plan can also be used for elementary or high school tuition for private or religious schools (with QHEEs capped at $10,000 per year).

However, 529 plans have always had a limitation worth considering: the money in a 529 plan could only be used for education. Withdrawing the funds for other purposes would draw penalties, so if you set up a 529 plan and your child ends up not needing it – whether they attend public school, get a full scholarship to college, or decide against a college path – accessing the funds without accruing penalties typically necessitated changing the beneficiary on the plan to someone else, until now.

How are 529s Changing?

Previously, withdrawals from a 529 plan for non-QHEEs incurred a 10% federal tax on the earnings portion of the withdrawal, in addition to potential state taxes. However, as of January 1 of this year, unused funds from a 529 plan can be rolled over into a Roth IRA account tax-free.

Rules for Rollovers

There are still some rules and restrictions that are important to know.

  • Rollovers are not allowed until a 529 plan has been open for at least 15 years
  • Funds converted from a 529 plan to a Roth IRA must have been in the account for at least five years
  • A maximum amount of $35,000 can be rolled over from a 529 plan to a beneficiary’s Roth IRA
  • Annual Roth IRA contribution limits apply to rollovers (the contribution limit in 2024 is $7,000)
  • Conversions are limited to the beneficiary’s Roth IRA, meaning parents cannot convert the unused funds of a 529 plan in their child’s name back into their own retirement account

No Additional IRA Investments During Transfer Years

Because the annual contribution limit is restricted to $7,000, if you transfer the full $7,000 from a 529 plan to a Roth IRA, the account holder will be unable to contribute additional funds through another traditional IRA or Roth IRA within that year because the annual limits are already being monopolized by the 529 to Roth IRA conversions each year. Ideally, the beneficiary also has a tax-advantaged retirement account like a 401(k) through an employer.

Keep in mind that the 15-year minimum for an account means that you’ll need to think about the long game. If you’re interested in starting a 529 plan for your child, you might think about establishing it with a small amount even before you’re ready to begin contributing to it.

Daniel Kittell, CPA