New Planning Opportunities for 529 Plans
A 529 plan has long been a great way to save for the cost of higher education, but it isn’t without risk. SECURE Act 2.0 helps address one of the key risks.
SECURE Act 2.0 was signed into law by President Biden in the final days of 2022. Amid the holiday festivities and preparations for the New Year, you may have caught snippets of discussion or read an article regarding the impacts and changes brought on by this legislation. While the bill is wide-ranging, let’s take a closer look at one adjustment in particular: 529 Education Savings Plans being moved into Roth IRAs, and the potential planning opportunities this change may present.
Prior to SECURE Act 2.0, overfunding was an area of concern when contributing to 529 plans. That is, what happens if there are excess funds in the plan? Under the former rules, 529 plan owners were limited to three options: take a non-qualified withdrawal (and be subject to a 10% penalty), change the beneficiary of the 529 plan or leave any unused funds in the plan.1
SECURE Act 2.0 legislation introduced a fourth option that takes effect on January 1, 2024: a penalty-free “escape hatch” that allows excess funds in 529 plans to be rolled into a Roth IRA in the beneficiary’s name.2 As to be expected, there are some limitations to these rollovers, in order to prevent misuse. Here are some primary limitations:
- Rollovers to a Roth IRA are subject to the annual IRA contribution limit ($6,500 in 2023, $7,500 for age 50 and older)
- The 529 plan needs to have been opened for 15 years
- Contributions made in the past five years are not eligible for rollover
- A lifetime limit on rollovers to a Roth IRA that totals $35,0003
Any time there is a new tax law or legislative change, the financial planners at Corient are hard at work dissecting the changes, and thinking of ways any new development may benefit our clients. This particular change presents two interesting planning opportunities to discuss with your advisor.
Revisit your funding strategy
529 funding plans may have been designed to prevent excess contributions with the understanding that out-of-pocket payment may be needed for some expenses. If a goal of yours is to fund education and help your beneficiary get an early start on saving for retirement, it could make sense to plan for an excess balance, with an eye toward eventual Roth rollovers.
Future parents can get a head start
Contributing to a 529 plan prior to having a child has always been an option for would-be parents. The risk of this head start would be never having children, and the contributed funds subsequently being “trapped” in the 529. As we know, this is no longer the case. Those who are planning for or likely to have a child can be more comfortable starting to save, secure in the knowledge that there is another penalty-free option to fall back on, if needed.
As always, if you’d like to discuss your personal plan or situation, reach out to your Corient Wealth Advisor.
1 https://www.forbes.com/sites/markkantrowitz/2021/12/25/what-can-you-do-with-leftover-money-in-a-529-college-savings-plan/?sh=170999224ee7
2 https://www.forbes.com/sites/leonlabrecque/2023/01/21/new-secure-20-planning-move--529-to-roth/?sh=76ea89075b55
3 https://www.smart529.com/smart529-details/roll-over-unused-529-funds-to-roth-ira-accounts.html#:~:text=The%20eligible%20rollover%20amount%20must,for%20each%20529%20account%20beneficiary
ABOUT THE AUTHOR
John Beck
John Beck, Jr. is an Associate Wealth Advisor in our Morristown, NJ office. Before joining legacy firm Regent in 2022, John spent three and a half years working at TIAA. John is a CERTIFIED FINANCIAL PLANNER™ professional. He holds a Bachelor's Degree in Economics from Washington College in Maryland, where he was also a pitcher on the baseball team. John currently resides in Northern New Jersey with his wife, Taylor, and their Aussie Doodle, Lola. In his free time, he enjoys golfing, skiing, and playing tennis.
