Possible Adverse Effect

 

 

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EFFECT OF SECTION 529 PLANS ON

NEED-BASED STUDENT FINANCIAL AID

 

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Saving for higher education through a Section 529 Plan will likely have some effect on a student's eligibility for, and the amount of, need-based financial aid. The degree to which this occurs will depend on the particular family's financial resources.

 

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The federal need analysis system defines a student's financial need for federal student aid programs, other than Pell Grants, to be a school's "Cost of Attendance," which includes tuition and fees, room and board, books and incidentals, and travel and personal expenses (referred to as "COA") reduced by the student's "Expected Family Contribution" (referred to as "EFC") plus other estimated financial assistance.

A statutory formula determines the EFC based on data submitted by the student to the U.S. Department of Education (the "Department") on the Free Application for Federal Student Aid (referred to as "FAFSA").

 

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With regard to a Section 529 Education Savings Plan, because the account owner can change the beneficiary or close the account at will, the Department has always treated this type of Section 529 Plan as an asset of the parent rather than of the student.

Since the Department's formula counts a maximum of only 5.6% of the Education Savings Plan account's value toward the EFC, this treatment is more favorable than if the account were considered the student's own asset, in which case a maximum of 35% of the account's value would count toward the EFC. 

 

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Funds in a Prepaid Tuition Plan are also treated as an asset of the parent rather than of the student.

 

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For a student who is a beneficiary of either type of Section 529 Plan account that has been established by someone other than his or her parents, the value of the account does not have to be reported at all on the FAFSA, and thus will not automatically raise the EFC.

 

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The Department's formula applies the same share (50%) of the student's taxable income toward the EFC whether he or she is the beneficiary of either type of Prepaid Tuition Plan or of an Education Savings Plan.

 

Qualified distributions from either type of Section 529 Plan are not treated as income for purposes of computing financial aid.

NOTE: Some private post-secondary institutions use other methods for determining student eligibility for non-federal student aid. These alternatives to the Department's formula may treat one or all types of Section 529 Plans differently when calculating student need. Although some private post-secondary schools attempt to avoid penalizing students for having such accounts available to them, many colleges are moving in the opposite direction, and are making sure that their aid formulas count Section 529 Plan accounts as resources available to the student-beneficiary.

In addition, most states will include balances in Section 529 Plan accounts when determining state financial aid for students.

 

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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.

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Copyright © 2010  Martin J. Hagan, One Gateway Center - 8 South; Pittsburgh, PA 15222-1435
Last Updated: 03/05/10