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Phillip99
New Member

Are non-qualified withdrawals from a 529 plan penalized on the original contributions?

My understanding is that early (nonqualified) withdrawals from a 529 plan are penalized at 10%, plus taxed over any capital gains.

Does the 10% penalty apply to capital/investment gains only, or to the cost basis (original contributions) as well?

If the 10% penalty is only imposed on capital gains, how is it determined whether the money pulled out is from the original contributions or from gains?

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4 Replies
Hal_Al
Level 15

Are non-qualified withdrawals from a 529 plan penalized on the original contributions?

The 10% penalty applies only to the earnings (capital/investment gains only). 

The plan administrator is required to keep track of that. When you take a distribution, the plan will issue an IRS form 1099-Q to report on your tax return. Box 1 will have the total distribution and box 2 the earnings.

If you do not take all your money out, the amount you do take out will be prorated between earnings and basis (contributions). That is, you are not allowed to pull out your contributions, first.

Hal_Al
Level 15

Are non-qualified withdrawals from a 529 plan penalized on the original contributions?

For 529 plans, there is an “owner” (usually the parent), and a “beneficiary” (usually the student dependent). The "recipient" of the distribution can be either the owner or the beneficiary depending on who the money was sent to. When the money goes directly from the Qualified Tuition Plan (QTP) to the school, the student is the "recipient". The distribution will be reported on IRS form 1099-Q.
The 1099-Q gets reported on the recipient's return.** The recipient's name & SS# will be on the 1099-Q.

The beneficiary may to pay tax, on the earnings, at a lower tax rate; but is  subject to the “kiddie tax”.
Phillip99
New Member

Are non-qualified withdrawals from a 529 plan penalized on the original contributions?

But this "kiddie tax" only applies to non-qualified distributions, right? Since I was under the impression that _qualified_ distributions are tax free.
Hal_Al
Level 15

Are non-qualified withdrawals from a 529 plan penalized on the original contributions?

Correct. There is no tax, no penalty and no kiddie tax, on a qualified distribution.

But

Even though you used all the money for qualified expenses, you may find it advantageous to claim an education credit. Read on for details.
_________________________________________________________________________________________________________

But be aware, you can not double dip. You cannot count the same tuition money, for the tuition credit,  that gets him (the student-beneficiary) an exclusion from the taxability of the earnings (interest) on the 529 plan. Since the credit is more generous; use as much of the tuition as is needed for the credit and the rest for the interest exclusion. Another special rule allows you to claim the tuition credit even though it was "his" money that paid the tuition.
In addition, there is another rule that says the 10% penalty is waived if he was unable to cover the 529 plan withdrawal with educational expenses either because he got scholarships or the expenses were used (by him or the parents) to claim the credits. He'll have to pay tax on the earnings, at his lower tax rate (subject to the “kiddie tax”), but not the penalty.

Total qualified expenses (including room & board) less amounts paid by scholarship less amounts used to claim the Tuition credit equals the amount you can use to claim the earnings exclusion on the 1099-Q.
Example:
  $10,000 in educational expenses(including room & board)
   -$3000 paid by tax free scholarship
   -$4000 used to claim the American Opportunity credit
 =$3000 Can be used against the 1099-Q (usually on the student’s return)

Box 1 of the 1099-Q is $5000
Box 2 is $600
3000/5000=60% of the earnings are tax free
60%x600= $360
You have $240 of taxable income (600-360)
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