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Level 3
posted Oct 6, 2022 8:05:08 AM

Can excess 529 contribution be reversed within same tax year?

Yesterday I contributed $20,000 to my son’s 529, and I then remembered the $16,000 annual gift tax limit.  Since I’m still within the same tax year can I correct this to keep the contribution under the $16,000 limit.

 

Possible solution I’m thinking about:

Withdraw the $4,000 (in the same tax year).

Ask my plan provider to do a “correction” (if that’s a thing) to adjust the money transfer to $16,000 and send back $4,000 of it.

Have my domestic partner, the beneficiary’s mom, write me a check for $4,000 to reimburse me for her share of the contribution, and just call this a joint contribution from both of us.

 

Would any of those work?  Any other idea to fix this without a form 709 or doing the 5 year contribution?  Thank you.

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2 Replies
Level 15
Oct 6, 2022 9:58:40 AM

a contribution is considered a completed gift. you can't take back a gift.  (it's the legal challenges rather than any tax challenges) that leaves is filing form 709 or the 5-year route which also requires filing form 709. 

Level 15
Oct 6, 2022 10:11:48 AM

Contributions to a 529 plan for a dependent is not limited by the annual gift tax rates (since it is not a gift)but by the 529 plan annual limitations.  Check the 529 plan rules for your state.