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Tax Update: Qualified Tuition Programs

Also called college savings plans or "Section 529
plans," these programs offer parents and other taxpayers a tax-favored
means of funding a child's future and qualified higher education
expenses. Under current law, earnings accumulate tax deferred and
generally are taxable to the beneficiary when funds are distributed to
pay expenses or education benefits are received. The beneficiary may
claim a HOPE or Lifetime Learning Credit for the tuition and related
expenses paid with the distribution, if otherwise eligible.
For tax years starting after 2001:
 | Makes distributions or education benefits
received from qualified tuition programs excludable from income,
beginning in 2002 for state programs and in 2004 for qualified
tuition programs maintained by an entity other than a state.
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 | Coordinates this income exclusion with the HOPE
and lifetime Learning Credits so that the tax-free distribution
cannot be used for the same expenses for which a credit is claimed.
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 | Sets limits on the room and board allowance that
may be paid with tax-free distributions.
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 | Imposes, after 2003, an additional 10% tax
penalty on Section 529 program distributions included in income.
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 | Expands the definition of "member of the family"
for purposes of interfamily changes of designated beneficiaries to
include first cousins of the original beneficiary. |
For more information on how this tax law change will
affect you, please feel free to contact either Bill Martin at ext. 222
or Jill Mandel at ext. 236.
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