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COVERDELL
EDUCATION SAVINGS ACCOUNT
The Coverdell Education Savings Account (formerly called "Education IRA") is
an investment trust account that can be created for the purpose of paying the
qualified education expenses of the designated beneficiary. The trust must
provide that:
 | All contributions
must be made in cash, and are not deductible by the contributor. |
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No contribution can be made after the date on which such beneficiary attains
age 18. |
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Except in the case of rollover contributions, no contribution can be accepted
if it would result in the aggregate contributions for the
taxable year per beneficiary exceeding $2,000. |
NOTE: This dollar limitation does not apply to
the amount that any one contributor may contribute, but rather to the total amount
that can be contributed by one or more persons for the benefit of a single
beneficiary.
Furthermore,
the $2,000 per year contribution limit is itself phased out when an
individual donor's adjusted gross income is between $95,000 and $110,000
(for a married couple, between $190,000 and $220,000).
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Except in the case of a distribution made pursuant to death or divorce, the
account balance must be paid over to the designated beneficiary when he or she
attains age 30. |
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Requiring the payout to the designated beneficiary is a
major difference with a Section 529 Plan, where the donor has the right to
obtain a refund of the account funds. |
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Rollovers from one Education Savings Account to another benefitting the same
beneficiary are permitted tax-free, as are transfers to another beneficiary,
provided that such other beneficiary is a "member of the family" of the old
beneficiary and has not attained age 30. The class of relatives constituting
the family of the old beneficiary is the same as that applicable to Section
529 Plans. |
Establishing an Education Savings Account
 | Establishing a
Coverdell Education Savings Account is similar to setting up a Roth IRA. Any
bank, mutual fund company, or other financial institution that can serve as
custodian of a retirement-oriented IRA is capable of serving as custodian of a
Education Savings Account. |
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The cash contribution can be invested in any qualifying investments available
through the sponsoring institution – stocks, bonds, mutual funds, certificates
of deposit, etc. However, life insurance is not a permissible investment.
There is no limit on the number of Education Savings Accounts that can be
established for any one child (as long as the total contributions in any
calendar year stay within
the $2,000 limit). |
Tax
Results with Education Savings Account
 | Contributions to
a Section 529 Plan and an Education Savings Account are permitted in the same
year for the same beneficiary. There is no federal income tax on the earnings
within the account, and the distributions will not be taxed as long as they do
not exceed the student’s qualified educational expenses. Education Savings
Accounts are not subject to gift tax or to estate tax on the death of a donor. |
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Distribution Rules. The distribution rules
for Education Savings Accounts are similar but not identical to the rules
applicable to Section 529 Plans. If distributions are not for qualified
education expenses, the distribution will be included in the beneficiary’s
taxable income. In that case, there is also the additional 10% tax on the
amounts included in gross income, unless the distribution is made because of
the death or disability of the designated beneficiary, or on account of a
scholarship received by the designated beneficiary. |
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Tax-free withdrawals from Education Savings Accounts can also reduce the
amount that the taxpayer might otherwise be able to claim as an above-the-line
deduction. |
Applicable to Elementary
Education or Secondary Education Expenses
While a Section 529 Plan is limited to only
higher education expenses, an Education Savings Account can be used both for
higher education costs as well as "qualified elementary or secondary education
expenses" incurred by a student in elementary or secondary school (kindergarten
through grade 12). Such expenses include:
 | Tuition, fees,
academic tutoring, special needs services in the case of a special needs
beneficiary, books, supplies, and other equipment that are incurred in
connection with the designated beneficiary’s enrollment or attendance as an
elementary or secondary school student at a public, private, or religious
school. |
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Expenses for room and board, uniforms, transportation, and supplementary items
and services (including extended day programs) that are required or provided
by a public, private, or religious school in connection with such enrollment
or attendance. |
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Expenses for the purchase of any computer technology or equipment, or services
such as internet access and related services, if such technology, equipment,
or services are to be used by the beneficiary and the beneficiary's family
during any of the years the beneficiary is in school. (Such expenses do not
include computer software designed for sports, games, or hobbies unless the
software is predominantly educational in nature.) |
Coordination of Distributions
with Other Education Plans
 | Withdrawals from
an Education Savings Account must be coordinated with Hope and Lifetime
Learning credits as well as Section 529 Plans. |
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The definition of "qualified expenses" for purposes of taking tax-free
Education Savings Account withdrawals is reduced by the tuition that is used
to claim the Hope or Lifetime Learning credit. As a result, some portion of a
withdrawal from an Education Savings Account can become taxable.
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Effect on Financial Aid
 | As
discussed in the section below, under federal financial aid guidelines, an
Education Savings Account will be treated as an asset of the beneficiary, not
the owner. |
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DISCLAIMER
Martin J. Hagan is licensed to practice law in the
Commonwealth of Pennsylvania. This website is intended solely for
informational use and is not intended to solicit clients. Likewise, any
information contained in or obtained from this web site is for informational
purposes only and is not intended to be used as legal advice.
IRS CIRCULAR 230 DISCLAIMER :
Pursuant to Treasury guidelines, any tax advice contained in this website
(or any link from it) does not constitute a formal opinion. Accordingly, any tax
advice contained in this website (or any link from it) is not intended or
written to be used, and cannot be used by any taxpayer, for the purpose of
avoiding penalties that may be asserted by the Internal Revenue Service. You should seek advice
based on your particular circumstances from an independent tax advisor.
Send mail to mhagan@haganlaw.net with
questions or comments about this web site.
Copyright © 2012 Martin J. Hagan, One Gateway Center - 8 South; Pittsburgh, PA 15222-1435
Last Updated:
02/07/12
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