TAX-WISE PLANNING FOR EDUCATION COSTS

 

Over the past several years, Congress has enacted many tax benefits for individuals that pay qualified education costs for themselves or their family members. The following are selected education tax breaks for your consideration as you develop your 2004 tax planning strategies.

 

Coverdell Education Savings Accounts. You can contribute up to $2,000 annually to a Coverdell education savings account (formerly education IRA). This limit applies to the aggregate contributions that may be made by all contributors to one or more Coverdell education savings accounts (CESAs) established on behalf of any particular beneficiary.  Tax Tip.  You may make a contribution to CESA for 2004 by April 15th of 2005. Your $2,000 contribution amount is phased out on a joint return as adjusted gross income goes from $190,000 to $220,000 ($95,000 to $110,000 if you are single).  Planning Alert!  The IRS says a child may make an education savings account contribution for himself or herself.  Thus, if the adjusted gross income of both the parents and the grandparents exceed the limits, the child=s parent or guardian may wish to establish a CESA with the child’s funds (e.g., funds in a Uniform Gift to Minors Act account).

 


Although your contribution to a CESA is not deductible for tax purposes, you may make tax-free distributions from a CESA for the payment of qualified education expenses for elementary or secondary school education as well as for higher education expenses. This includes expenses for public, private, or religious schools (kindergarten through grade 12). Qualified education expenses include tuition, fees, academic tutoring, special need services, books, supplies, computer equipment (including related software and services), room and board, uniforms, transportation, and extended day programs (required or provided by the school in connection with the student’s enrollment or attendance at that school). Therefore, if the funds accumulated in the CESA are distributed for qualified education expenses, the earnings on the funds are tax free.

 

Section 529 Plans.  Earnings of a qualified state tuition plan (section 529 plan) may be distributed tax-free for qualified higher education expenses. So, unlike CESAs, K-12 education expenses should not be paid with section 529 plan funds. However, there is no $2,000 per year limitation on the amount that may be contributed to a section 529 plan and there are no income limits above which the contribution may not be made. Instead, once the amount in a section 529 plan equals the amount necessary to fund 5-years of undergraduate education at the highest cost institution in the state, no more contributions are allowed to that particular beneficiary’s plan.  Many state tuition plans have limitations on total contributions of $250,000 or more.  So, if you wish to accumulate funds for qualified college education expenses (tuition, fees, and room and board), you should consider a section 529 plan.  Tax Tip.  Many individuals are using CESAs to save for private school education expenses and setting up section 529 plans to fund college expenses. You may establish both a CESA and a section 529 plan for the same individual.

 

Caution!  Contributions to CESAs and to section 529 plans are gifts to the beneficiary of the account for gift tax purposes. However, the $11,000 annual exclusion for gifts is available to offset these contributions for gift tax purposes. Also, there is a special rule which allows you to consider the amount of gifts to a CESA or a qualified tuition plan for a year as made over five years. Therefore, it is generally not wise, from a gift tax standpoint, to transfer the maximum amount allowed to a qualified tuition plan in one year. However, by electing the 5-year rule, you could contribute $55,000 ($110,000 if both husband and wife make contributions or elect split-gift treatment) to a section 529 plan in one year and there should be no federal gift tax on the contribution as long as no other gifts are made to the beneficiary of the account for the current year and the next four years.

 

All 50 states now have state tuition plans. Also, most states allow non-residents to invest in their plan. If you wish to review the state tuition plans offered by your state as well as other states, please go to www.savingforcollege.com. This web site summarizes the plans for every state.  Tax Tip.  Please call us before contributing to a state tuition program. We can help you decide which plan best suits your needs. Also, some states allow a state income tax deduction for contributions to qualified state tuition plans but only if you contribute to that state’s plan. We can advise you if you get additional state income tax benefits by contributing to your state’s plan.

 

Education Expense Deduction.  If you pay for qualified higher education tuition and fees for yourself, your spouse, or your dependents, you may qualify for an education expense deduction. This maximum $4,000 deduction is available whether or not you itemize. For 2004, you are allowed this maximum $4,000 deduction only if your adjusted gross income (AGI) does not exceed $130,000 on a joint return ($65,000 if single).  If your AGI is between $130,000 and $160,000 ($65,000 and $80,000 if you’re single) your maximum deduction drops to $2,000. Planning Alert!  If you expect to take this deduction and your income is close to the $130,000 or $160,000 limits ($65,000 or $80,000 if youre single), we should discuss your situation and see if we can take steps to keep your income below those thresholds for 2004. If you exceed the $160,000 or $80,000 limitation by even $1, the entire deduction is lost.

 

IRS Releases Final Regulations for Student Loan Interest.  You may deduct (whether or not you itemized deductions) up to $2,500 of interest on qualified student loans.  Your deduction phases out as your adjusted gross income increases from $100,000 to $130,000 on a joint return (from $50,000 to $65,000 on a single return).  In recently released regulations, the IRS says that loan origination fees or late fees on qualified student loans will generally be deductible as interest.  The regulations also say that any payment you make on the loan will first be applied to interest that has accrued and remains unpaid before it will be applied to outstanding principal.  Furthermore, if someone else pays your interest, the payment will be treated as a gift to you, and you will then be treated as paying the interest yourself.  Tax Tip.  If you paid any student loan interest in 2004, be sure to provide us with Form 1098-E. This will help us determine your interest deduction for 2004. 


HOPE Education Tax Credit.  If you pay post high school education expenses for yourself, your spouse, or a dependent, you may be entitled to a tax credit of up to $1,500 per student. The HOPE scholarship credit is available only for two years of post-secondary education with respect to any one student. Under the two-year rule, the credit is allowed for a tax year if the student has not yet completed, before the beginning of the tax year, the first two years of postsecondary education at an eligible educational institution.  For a full-time student who enters college in the autumn, that means that the credit is available for two of the first three calendar years the student attends college. The credit  phases out ratably as your modified adjusted gross income increases from $85,000 to $105,000 on a joint return ($42,000 to $52,000 on a single return).  The HOPE credit equals 100% of the first $1,000 (and 50% of the second $1,000) of tuition and fees required by the educational institution.  No credit is allowed for meals, lodging, transportation, or other personal living expenses. Tax Tip. To get the full $1,500 credit for 2004, you must pay tuition of at least $2,000 for the student by December 31, 2004.  If tuition, for example, is $1,200 each semester, you must pay two semesters of tuition in 2004 to get the full credit of $1,500.  If your child began college in August or September of 2004, you should pay the $1,200 tuition for the spring semester of 2005 no later than December 31, 2004 (payments after that date will not qualify for credit during 2004).  Tax Tip! Unless more than one member of your family qualifies for either the HOPE credit or the Lifetime Learning credit for 2004, the Lifetime Learning credit will produce a larger tax benefit than the HOPE credit if tuition and fees paid for 2004 exceed $7,500.

 

The Lifetime Learning Credit.  You may qualify for a  Lifetime Learning credit of up to $2,000. This credit equals 20% of the first $10,000 of qualified higher education tuition and fees. The phase-out rules for the Lifetime Learning credit are the same as those for the HOPE credit discussed above. Unlike the HOPE credit, the Lifetime Learning credit is for an unlimited number of years and can be used for graduate or professional degrees (as well as undergraduate education). Also, the Lifetime Learning credit limitation of $2,000 is per tax return not per student.  Caution! The Lifetime Learning credit is not available for any of the education expenses of a student for 2004 if you take the HOPE credit for education expenses for that same student on your 2004 return. Tax Tip. In some situations, it may be better to claim the Lifetime Learning credit for qualified expenses that would otherwise qualify for the HOPE credit.  For example, if a freshman’s tuition is $10,000 in 2004, the Lifetime Learning credit would give you a $2,000 credit compared to the HOPE credit of 1,500. Keep in mind, however, that your total Lifetime Learning credit on your 2004 return cannot exceed $2,000. By contrast, you may take a HOPE credit of up to $1,500 for tuition and fees for each family member who qualifies.  Planning Alert!  If your income is more than $105,000 ($52,000 on a single return), you do not qualify for the Hope credit or the Lifetime Learning credit. However, the IRS says the student (e.g., your child) may claim the credits on his or her return, provided you elect not to claim that child as a dependent on your tax return (even if the child otherwise qualifies as your dependent). Of course, since the HOPE and Lifetime Learning credits are non-refundable credits, your child must have an income tax liability to utilize the credits on his or her return.