529 plan funds options

Kirby

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Would appreciate any experience/guidance others may have

We‘ve saved a reasonable sum in 529 plan that we would like to use for DS’s educational expenses at WP. This would allow for tax minimization while maintaining original purpose.

As a hypothetical, our understanding would be (apologies that we may not have all terms exactly correct)
- cadet receives initial “loan” of $9K, to be used for initial expenses such as books, equipment, uniforms, etc.
- initial loan is repaid via automatic withdrawals from cadets monthly pay
- additional expenses after “initial expenses” would continue to be extracted from cadet pay and/or pay utilized by cadet directly for payment of these expenses

Is there a way that the initial expenses can be paid via the 529? My understanding is that, if I were to simply transfer funds from 529 to DS’s cadet account, then those funds would be subject to tax, since they wouldn’t be directly attributed to educational expense.

In simplest terms, we don’t understand what mechanism (assuming one exists) can be used for utilizing 529 funds for educational expenses at WP.

Our plan would be that for every $ utilized from 529 for DS educational expenses, DS would transfer same $ to his investment account, maximizing tax efficiency and growth.

As an aside, we recognize there are various alternative options for 529 funds (“pay the tax and use the money yourself, you saved it and prepared your DS, so enjoy it”, “pass it on to DS for possible later graduate expenses”, “pass it on to next generation {grandchildren someday}”, etc.). We think every one of these are valid for different people. We have simply chosen to have always viewed the funds as purposed for DS

Thanks in advance for any directions/insights

I guess we should also ask whether there is a “finance department” at WP that might be able to guide us?
 
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Check with a tax attorney, but there is an exemption for students attending a service academy. You are allowed to withdraw an annual amount equivalent to the “cost of education” at the academy. The academies provide that figure to parents in a communication after the school year starts. When son #1 was at USAFA it was $54,000. As I said, verify with a tax attorney familiar with the 529 rules.

Here is a link to a USAFA letter explaining it. I’m sure West Point will provide something similar.



Stealth_81
 
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Because the service academies do not charge tuition, they are not considered eligible institutions for 529 purposes. You can use those 529 funds for anything -- a trip to Disneyland, a new house, a Tesla. If your child is at a service academy, you can withdraw those funds for any reason on any schedule, without penalty, except for taxes on the gains. Not saying that's what you SHOULD do, just pointing out that there is no restriction on withdrawal/use as the Military Family Tax Relief Act spares military families the 10% penalty, releasing funds that can no longer be used for college as the academies technically don't qualify as 529 institutions. Although (at the time anyway) it was technically legal to disburse all of the funds all at once to ourselves, our tax attorney suggested we disburse on the same schedule we would have if we had paid for civilian college (a quarter of the total funds per year), always leaving a balance in the event our son left the academy for any reason and needed the remaining funds for civilian education. If the amount in the 529 is less than the cost of a four-year education, you may want to leave the entire amount intact until your kiddo graduates, just to be safe. Then, pin on those bars, throw yourself a party, and move the rest into your retirement portfolio which is what we did minus gifting a portion to our son at graduation. BTW, we didn't use any of the funds for education purposes.

(This assumes, of course, that you do not have other children to educate who might need those funds for civilian colleges. The rules are different if there are multiple children and the 529 funds were not set up separately for each beneficiary.)
 
There is no better way to grow money than in a tax free account, something university endowments figured out long ago.

We kept the 529 Plan in place through USMA and after DS graduation for him to use for either graduate school or for grandchildren. Worst case - if the Army pays for grad school and there are no grandchildren, we accept the 10% penalty after many years of tax free growth.
 
Because the service academies do not charge tuition, they are not considered eligible institutions for 529 purposes. You can use those 529 funds for anything -- a trip to Disneyland, a new house, a Tesla. If your child is at a service academy, you can withdraw those funds for any reason on any schedule, without penalty, except for taxes on the gains. Not saying that's what you SHOULD do, just pointing out that there is no restriction on withdrawal/use as the Military Family Tax Relief Act spares military families the 10% penalty, releasing funds that can no longer be used for college as the academies technically don't qualify as 529 institutions. Although (at the time anyway) it was technically legal to disburse all of the funds all at once to ourselves, our tax attorney suggested we disburse on the same schedule we would have if we had paid for civilian college (a quarter of the total funds per year), always leaving a balance in the event our son left the academy for any reason and needed the remaining funds for civilian education. If the amount in the 529 is less than the cost of a four-year education, you may want to leave the entire amount intact until your kiddo graduates, just to be safe. Then, pin on those bars, throw yourself a party, and move the rest into your retirement portfolio which is what we did minus gifting a portion to our son at graduation. BTW, we didn't use any of the funds for education purposes.

(This assumes, of course, that you do not have other children to educate who might need those funds for civilian colleges. The rules are different if there are multiple children and the 529 funds were not set up separately for each beneficiary.)
VelveteenR, thank you very much for the information. But, while I’m clearly not an expert (hence my question), your observation that ...

”Because the service academies do not charge tuition, they are not considered eligible institutions for 529 purposes”

... isn‘t consistent with the information in the USAFA letter provided by Stealth_81 and the information contained in the link provided by Capt MJ. While I don’t discount the possibility that perhaps I’m misunderstanding the information contained in the references just cited, it seems like they both indicate that 529 funds can be used towards education expenses (perhaps just not as “tuition“ though this remains unclear to me).

Obviously I need to find a tax expert that has experience in this area, but I still am appreciative of all of the experienced viewpoints here. So, for that reason, thank you again for taking the time to provide information
 
I recall reading a post by a USNA parent and they explained how the 529 funds could be used to help pay for those first year expenses. They explained how the funds could be used towards those expenses, without any penalty or tax. I tried searching without success to locate the thread but I will keep trying - if I find it I will post here.
 
VelveteenR, thank you very much for the information. But, while I’m clearly not an expert (hence my question), your observation that ...

”Because the service academies do not charge tuition, they are not considered eligible institutions for 529 purposes”

... isn‘t consistent with the information in the USAFA letter provided by Stealth_81 and the information contained in the link provided by Capt MJ. While I don’t discount the possibility that perhaps I’m misunderstanding the information contained in the references just cited, it seems like they both indicate that 529 funds can be used towards education expenses (perhaps just not as “tuition“ though this remains unclear to me).

Obviously I need to find a tax expert that has experience in this area, but I still am appreciative of all of the experienced viewpoints here. So, for that reason, thank you again for taking the time to provide information
The way I read the memorandum the information is correct - of course it is written in a form that would make any government bureaucrat proud.

My understanding is that funds for expenses may not be paid directly with 529 Plan funds, which would avoid both the 10% penalty and payment of any income taxes.

However, 529 Plan funds may be used to pay those expenses indirectly by withdrawing the money without incurring the 10% penalty and then using the proceeds to pay the expenses. Doing so, however, could incur income taxes on any gains withdrawn.
 
DS is a plebe at USNA. We needed a very expensive roof in the spring. We took money out, had the check made out to him and sent to him. From everything I've read, there will be no penalty because he goes to a service academy. He will, however, incur the income taxes on the earnings (which is why we did it in his name). I believe that the SAs are not considered educational institutions because of their DOD affiliation. Therefore, you cannot have the money disbursed directly to an SA. It doesn't seem right, but having too much money for your child's education is a good problem to have.
 
However, 529 Plan funds may be used to pay those expenses indirectly by withdrawing the money without incurring the 10% penalty and then using the proceeds to pay the expenses. Doing so, however, could incur income taxes on any gains withdrawn.
This is correct. What I was indicating is that the 529 funds can be used for anything you wish -- tuition or hookers and beer -- like any other investment funds you have. You withdraw the amount you need for any purpose and pay any capital gains come tax time. We just had our broker withdraw a quarter of the funds each year and re-invest them in our retirement portfolio. We could just as easily have had the money disbursed to our checking account and used it as cash to pay for whatever.

The service academies don't qualify as 529 institutions because they don't charge tuition, that's what I meant by "ineligible." You can certainly use the 529 money for anything your cadet/mid needs, exactly the same as paying out any funds you have. The point is that the 529 is no longer restricted to education; it's yours to use as you wish.
 
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This is correct. What I was indicating is that the 529 funds can be used for anything you wish -- tuition or hookers and beer -- like any other investment funds you have. You withdraw the amount you need for any purpose and pay any capital gains come tax time. We just had our broker withdraw a quarter of the funds each year and re-invest them in our retirement portfolio. We could just as easily have had the money disbursed to our checking account and used it as cash to pay for whatever.

The service academies don't qualify as 529 institutions because they don't charge tuition, that's what I meant by "ineligible." You can certainly use the 529 money for anything your cadet/mid needs, exactly the same as paying out any funds you have. The point is that the 529 is no longer restricted to education; it's yours to use as you wish.
Thanks for making me laugh---- (tuition or hookers and beer). I believe you are slightly mistaken. I believe you can apply a certain amount funds and eliminate the ACE loan. If I remember correctly it's $17,500 of 529 funds that can be applied, which is then passed through to the student. Thus, avoiding tax on that amount. There are some good threads, which I need to go back and read. I have been waiting for the 2 for 7 before pursuing this avenue. I know USNA has staff which assists with questions and the mechanics of applying the funds. I would think all WP and USAFA do as well.
 
Thanks for making me laugh---- (tuition or hookers and beer). I believe you are slightly mistaken. I believe you can apply a certain amount funds and eliminate the ACE loan. If I remember correctly it's $17,500 of 529 funds that can be applied, which is then passed through to the student. Thus, avoiding tax on that amount. There are some good threads, which I need to go back and read. I have been waiting for the 2 for 7 before pursuing this avenue. I know USNA has staff which assists with questions and the mechanics of applying the funds. I would think all WP and USAFA do as well.

There is no avoiding the tax on gains...
 
There is no avoiding the tax on gains...
i just wanted to thank all of the posters for each of the comments. I found it all helpful, but also confirming that there does seem to be somewhat varying and occasionally partially overlapping viewpoints. My plan is to reach out directly to WP and see what direction they can provide. It would seem (could be wrong) that the question has to be often asked since 529’s are so prevalent. I’ll be glad to share whatever feedback I get, in as documented a format as possible.

Again, thanks to each of you for your time and consideration
 
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