New 529 Plan rules

1) Roth Conversion Option for Distributions after December 31, 2023: No federal income taxes are payable if the distributed funds are transferred directly to a Roth IRA established for the benefit of the beneficiary of the program account. Refer to the supplement above for eligibility requirements.

Does the above mean that if a client’s child has money left in the 529 Plan after college, he can convert the 529 Plan to a Roth IRA with no taxes?

2) Increase in gift and estate tax exemption amounts: No federal gift tax or generation-skipping transfer tax will be imposed on the account owner or third-party contributor if the contribution does not exceed $17,000 ($34,000 for married filers electing gift splitting on their federal tax return) during a year.

Does the above mean that instead of the 15k per year gifting, it is now 17K per year, per person?

Thank you very much,
Douglas



  1.  In general yes, but there are holding and balance restrictions regarding the 529. The 529 must have been maintained 15 years prior to the distribution, the Roth transfer is limited to the beneficiary’s unused Roth contribution limit each year, the total transfers must be less than 35k in total, and transfers are also limited to the 529 balance 5 years prior the transfer.
  2. Yes, the 2023 gift exclusion per person is now 17k.


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