Under the law, tax-free withdrawals for K-12 expenses are capped at $10,000 per year per student. If the child is the beneficiary of multiple 529 plans, the $10,000 may be distributed from one or more of the accounts. If you were to withdraw more than $10,000 for one of your children in a year, the excess would be taxed according to Section 529 rules — generally as part nontaxable return of principal and part distribution of earnings, subject to income taxes and a 10 percent penalty.
If you have younger children and expect to incur K-12 and higher education expenses in the future, it may make sense to use one or more 529 plans to save for both K-12 tuition and higher education expenses. You’ll want to give the money you contribute to the plan plenty of time to take advantage of potential compounding. While contributions to a 529 plan are not deductible for federal income tax purposes, they may be eligible for a state tax deduction or credit. Different states have different rules, so check to see if your state provides a state tax benefit for 529 plan contributions.
Be aware also that residents of certain states do not qualify for a state tax deduction for contributing to their 529 plans if the money is being used for K-12 tuition. Again, check to see what your state’s laws permit.
529 Rollovers
A 529 plan for one named beneficiary can be rolled over tax free within 60 days of distribution to another beneficiary who is a member of the same family. This provision helps in the event the original 529 beneficiary does not need the money for educational purposes or uses only a portion of the account balance.
Investing in 529 plans involves risk, including loss of principal. Before you invest in a 529 plan, request the plan’s official statement and read it carefully.
Tax Considerations
You should also consider whether your home state or your beneficiary’s home state offers any state tax or other benefits that are only available for investments in such state’s 529 plan. Section 529 plans are not guaranteed by any state or federal agency. Tax treatment at the state level may vary.