TurboTax Community,
Our adult son finished his schooling in 2021, and we wanted to take a final distribution of the unused funds before losing all the earnings at the 10 year anniversay of the Texas Guaranteed Tuition Plan. He is the beneciary, but my wife and I are the purchasers/owners so the payout in 2022 came to us. I mistakenly thought the unused earnings would be taxed as capital gains but looks like it will be other income, plus a 10% tax penalty. His last expenses were in 2021 and prior years. I was wondering if the total of the education credits (Lifetime Learing and American Opportunity Tax Credits) taken over the prior years can somehow be used to reduce the amount of the tax penalty. We also used distributions from a Coverdell ESA to cover some earlier expenses in junior college before dipping into the state QTP.
Thank you in advance
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Q. I was wondering if the total of the education credits (Lifetime Learning and American Opportunity Tax Credits) taken over the prior years can somehow be used to reduce the amount of the tax penalty.
A. No.
References https://ttlc.intuit.com/community/college-education/discussion/529-plan-withdrawals-and-prior-year-s....
There's some disagreement on this subject, but even the ones who disagree seem to say it should be done prior to graduation. Peter J. Greco, CPA, founder and chief tax strategist at the CSI Group, believes you have more latitude when deciding when to take the scholarship distribution*. “Most believe and have written that the distribution must be made in the same year that the scholarship paid for the tuition expense,” Greco says. “However, IRS 970 is silent as to when the money must be withdrawn. If Congress is trying to encourage 529 plans, then it makes good policy sense that the withdrawals can be made any time prior to graduation.” https://www.investopedia.com/news/penaltyfree-way-get-529-money-back/
*I'm assuming the same rationale would apply the the Education Credit exception to the penalty
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