Hal_Al
Level 15

State tax filing

Q. Does Georgia have a provision to recapture state income tax deduction for 529 plans?

A. Yes.

 

Q. Does it apply if the 529 money is later rolled over to an ABLE account? 

A.  Probably.  I cannot find a definitive answer to your question. I conclude that you are subject to recapture by omission. Rollovers to ABLE or even another 529 plan are not listed as "qualified expenses" for avoiding  recapture. They specifically say that a rollover to a Roth IRA is qualified (recently added provision).  I take the fact that other rollovers are not listed as meaning a Rollover to an ABLE account would be subject to the GA deduction recapture provision. 

 

You should contact the state tax people and/or 529 plan administrator for a definitive answer.  Please let us know what you find out.