Selecting A State 529 Plan

 

 

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Comparison of 529 Plans to UTMA

 

  

 

HOW TO SELECT A STATE SECTION 529 PLAN

 

 

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While Section 529 lays down the basic rules for what all qualified plans must provide, within those parameters the states are allowed a wide degree of latitude in fashioning their particular programs.

 

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Different states are introducing their Section 529 Plans so frequently, and once started are changing them so often, that the best way to obtain up-to-date and generally reliable information on the features of each state’s Section 529 Plans is to start by going to the web-site Savingforcollege.com, www.savingforcollege.com .

 

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Apart from learning the details of each state’s plans, it would also be helpful to know what features for a particular family may be more important than others. The following is a list of the criteria that a family or its advisors should consider when evaluating whether to use a particular state’s Prepaid Tuition Plan or Education Savings Plan, or to go with the Independent Prepaid Tuition Plan.

 

FACTORS APPLICABLE TO BOTH TYPES OF PLANS

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Residency requirement for owner and/or beneficiary

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Age limitation on beneficiaries

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Minimum and maximum contribution limits

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Fees charged for setting up the account, and any on-going expenses

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Educational expenses covered (i.e., only tuition and fees, or room and board, books, supplies, and others)

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Limitations on changing beneficiaries or transferring ownership, and the fees for processing such change

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Rollover limitations if the owner wants to transfer the account to another state

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Steps necessary to obtain a refund

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Any penalties on non-qualified distributions or refund

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Minimum period following a contribution before funds can be withdrawn

 

FACTORS PERTAINING TO EDUCATION SAVINGS PLANS

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Identity of investment manager(s) and their track record

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Types of investment options available

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Whether an account must be established through a broker (more expensive) or whether an individual can set up an account directly

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How are non-residents treated as compared to residents

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Restrictions or charges if an owner wants to change the investment mix within the same state plan

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Specifics of how an aged-based or years-to-enrollment investment strategy works

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Fees and expenses charged by the manager

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Expense ratio for the each of the mutual funds offered

 

FACTORS PERTAINING TO STATE-SPONSORED PREPAID TUITION PLANS

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Whether the state guarantees the rate of return and principal with the full faith and credit of the state.

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Limits on education institutions where the credits can be used (e.g., only in-state public institutions, any in-state institution, or any federally qualified institution, regardless of its location).

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How credits will be applied to out-of-state schools.

 

 

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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 © 2010  Martin J. Hagan, One Gateway Center - 8 South; Pittsburgh, PA 15222-1435
Last Updated: 07/14/10