529 College Plans – Funded by Former USCs and LPRs (“Long-Term” LPRs)

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There is a basic tax planning opportunity for U.S. taxpayers who wish to fund the costs of higher education for family or friends.  These are referred to as “529 Plans” with reference to the tax code section – IRC Section 529.  In short, a 529 trust is established and funded with contributions for the benefit of named beneficiaries.U of Montana Campus

The principle benefit of a 529 plan, is that the income earned from the investments inside the 529 trust fund are exempt from U.S. income taxation.

There are multiple plans that are operated by various institutions, principally in conjunction with various States in the United States.  Qualifying higher education expenses also apply to about 350 non-U.S. institutions that currently qualify for distributions out of a 529 Plan; e.g., University of Cambridge, University of Dublin Trinity College, University of Edinburgh, University of Oslo, The University of York,  University of Wollongong, etc. 

Unfortunately, non-U.S. citizens who are not resident in the U.S. generally are not eligible to establish and form a new 529 plan.

These “529 Plans” fall expressly into the category of a “specified tax deferred account” under the law.  See, IRC Section 877A(e)(2).Rice University Campus

In short, the law causes the entire amount in the 529 Plan to be treated as distributed to the “covered expatriate” the day before the expatriation date, although no early distribution tax will apply.  If a 529 Plan has $500,000, that will represent taxable income to the “covered expatriate” to the extent of the tax-free growth in the plan.  For instance, if the individual funded $200,000 into this plan, in this example, and he or she is subject to the 39.6% tax rate upon “expatriation”, this means there will be US$118,800 less to pay for college and universities (i.e., $500,000 less the $200,000 invested; leaving $300,000 X 39.6% = US$118,800 of tax).

This is yet another example, of how and why it is so important to avoid “covered expatriate” status; if permitted by the law in any particular circumstances.  See, Certification Requirement of Section 877(a)(2)(C) – (5 Years of Tax Compliance) and Important Timing Considerations per the Statute, also see Can the Certification Requirement of Section 877(a)(2)(C) be Satisfied “After the Fact”?

Careful thought should be taken for the range of considerations and U.S. tax consequences that can befall a former USC or long-term LPR.

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