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Nia Harris

How do I properly report a 529 distribution on tax return when not used for education?

My parents-in-law decided to close out my daughter's 529 college savings account last year since she received a full scholarship. They withdrew the entire balance (about $14,500) into their own bank account and then gave her the money as a cash gift. Now I'm trying to help them with their Federal tax return, and I'm realizing this is more complicated than they thought. From what I understand, there's a 10% penalty since the money wasn't used for qualified education expenses, but I'm also seeing that they need to declare some amount as additional income. I have their 1099-Q form which shows the distribution broken down between principal (basis) and earnings. Since they originally contributed with after-tax dollars, do they only need to report the earnings portion as income? The principal should already have been taxed, right? I've been searching online but can't find a clear answer about exactly what needs to be reported. Any guidance would be really appreciated!

GalaxyGazer

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You're right to be concerned about this situation. When a 529 plan distribution isn't used for qualified education expenses, there are tax consequences, but they don't apply to the entire withdrawal. For non-qualified 529 distributions, only the earnings portion is subject to income tax and the 10% penalty - not the original contributions (basis). Since your in-laws contributed with after-tax money, they don't need to pay tax on that portion again. On their tax return, they'll need to report the earnings shown on the 1099-Q as income, and they'll also need to calculate the 10% penalty on that same earnings amount. The earnings should be reported as "Other Income" on Schedule 1, and they'll need to file Form 5329 to report and pay the 10% penalty. Make sure to check if your state has additional tax consequences since some states may recapture previous state tax deductions or credits.

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Mateo Sanchez

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Thanks for the explanation. When you say the earnings should be reported as "Other Income" on Schedule 1, do you list it as "529 plan non-qualified distribution" or something else specific? Also, does this count as unearned income that could affect their social security taxation?

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GalaxyGazer

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On Schedule 1, you can describe it as "529 plan earnings - non-qualified distribution" in the description field next to line 8z (Other Income). This helps identify the source clearly if there are any questions. Yes, this would be considered unearned income and could potentially impact how their Social Security benefits are taxed if they're receiving them. The additional income could push more of their Social Security benefits into the taxable range depending on their overall income level. It's something to be aware of when calculating their total tax situation.

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Aisha Mahmood

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I went through something similar last year with my son's 529 account and found https://taxr.ai incredibly helpful. It analyzed my 1099-Q and other tax documents and explained exactly what I needed to report for a non-qualified distribution. I was confused about whether state tax considerations were different from federal (they were in my case), and the tool clarified everything. The system walks you through all the rules about 529 distributions, including exceptions to the 10% penalty that might apply in scholarship situations like yours. It actually saved me from overpaying because I didn't realize that if your daughter received a scholarship, you can withdraw up to that scholarship amount penalty-free (though earnings are still taxable).

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Ethan Moore

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Wait, there's a scholarship exception to the penalty? How does that work? My daughter got a partial scholarship but we still withdrew the full 529 balance.

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I'm skeptical about these tax services. How does it handle situations where the original account owner is different from the beneficiary? In my case the grandparents opened the account but we control the distributions. Does this tool know all those nuances?

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Aisha Mahmood

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The scholarship exception allows you to withdraw up to the amount of tax-free scholarships your student received without paying the 10% penalty, though you'll still owe income tax on the earnings portion. You'll need documentation of the scholarship amount to qualify for this exception. The tool definitely handles complex ownership situations. It specifically asks who owns the account, who the beneficiary is, and who received the distribution - then gives the appropriate tax guidance for each party. In your case, it would explain the reporting requirements for both the grandparents and your family since different parties have different tax implications in the 529 ecosystem.

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Ethan Moore

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Just wanted to update on my situation! I tried https://taxr.ai after reading about it here and it was exactly what I needed. The system analyzed my 1099-Q and all my scholarship documentation, then showed me precisely how to claim the scholarship exception on Form 5329. I had no idea that with a qualified scholarship, you can withdraw matching amounts without the 10% penalty. The tool walked me through reporting the earnings portion on Schedule 1 correctly and showed me the exact codes to use for the exception. It even flagged that my state (Pennsylvania) has different rules for 529 non-qualified distributions than the federal government. Saved me from a potential audit headache!

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Carmen Vega

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If you're still struggling with figuring out the 529 distribution reporting and need to talk to someone at the IRS for clarification, I'd recommend https://claimyr.com - it's a service that gets you through to an actual IRS agent instead of waiting on hold for hours. There's also a video explanation of how it works here: https://youtu.be/_kiP6q8DX5c I used it when I had a complicated situation with multiple 529 distributions (some qualified, some not) and needed to verify if I was handling Form 5329 correctly. Got connected to an IRS tax specialist in about 20 minutes instead of the 3+ hours I spent on previous attempts. The agent walked me through exactly how to report everything, including some special codes I didn't know about for certain scholarship situations.

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How exactly does this service work? Do they just call the IRS for you or what? I don't understand how they get you through faster than if you just called yourself.

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This sounds too good to be true. The IRS wait times are legendary. I find it hard to believe any service could actually get you through that quickly when the IRS itself is so overwhelmed.

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Carmen Vega

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The service actually uses a proprietary system that navigates the IRS phone tree and waits on hold for you. When they reach a live agent, they call you and connect you directly - so you don't waste your time listening to hold music. It's not that they have a special line to the IRS, they just handle the waiting part so you don't have to. I was skeptical too until I tried it. The IRS is definitely still overwhelmed, but that's exactly why this service is valuable. They wait in the queue for hours if necessary, but you only get called when an actual agent is on the line. In my experience, the 20 minutes was how long it took from when I submitted my request until I was talking to an agent - the service might have been on hold much longer than that on my behalf.

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I need to admit I was completely wrong about the Claimyr service. After dismissing it, I was still stuck with questions about how to handle the 1099-Q for my grandkids' 529 plans. I decided to try https://claimyr.com out of desperation after spending two separate days trying to reach the IRS myself. The service had me connected to an IRS tax specialist in about 35 minutes. The agent confirmed that since my grandchildren received scholarships, we qualified for the exception to the 10% penalty up to the scholarship amount. He also explained that the earnings still need to be reported by whoever received the actual distribution (in our case, the parents, not me as the account owner). Saved me from making a big mistake on which return should report the income! I'm genuinely surprised this worked so well. Definitely worth it when you need actual clarification from the IRS about complex tax situations like 529 distributions.

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Andre Moreau

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Don't forget to check your state tax implications too! The federal rules for 529 non-qualified distributions are one thing, but some states will recapture previous state tax deductions or have additional penalties. I learned this the hard way in Illinois where they recaptured all my previous state tax benefits when I took a non-qualified distribution.

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Zoe Stavros

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Is there any resource that lists the different state rules? I'm in New York and wondering if I'll face the same issue with state recapture.

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Andre Moreau

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There's no single comprehensive resource I've found, but your best bet is to check your specific state's tax department website. For New York specifically, they do have recapture provisions if you claimed deductions for contributions in previous years and then take non-qualified distributions. You'll need to add back those previous deductions as income on your NY state return. The recapture rules vary significantly by state - some like California never offered deductions so there's nothing to recapture, while others like Illinois (where I am) are quite strict. Your state's 529 plan website often has more user-friendly explanations than the tax department sites.

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Jamal Harris

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Has anyone used TurboTax to report a non-qualified 529 distribution? I'm trying to figure out where to enter the information and it's not very clear in their interface.

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Mei Chen

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In TurboTax, you need to go to the "Federal" section, then "Income & Expenses," then "Less Common Income," and look for the option about "Other Reportable Income." From there, you should see options for education distributions including 529 plans. Make sure you also complete the Form 5329 section for the penalty (unless an exception applies). It's not super intuitive, but it's in there!

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Salim Nasir

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One thing that hasn't been mentioned yet is timing considerations for 529 distributions. If your parents-in-law took the distribution in 2024 but your daughter's scholarship was awarded for the 2024-2025 academic year, make sure you have documentation showing the scholarship applies to the tax year in question. Also, since they transferred the money to their own account first before gifting it to your daughter, this creates a clear paper trail that they (not your daughter) are responsible for the tax consequences. The 1099-Q should be issued in their names as the account owners who received the distribution. For future reference, if there are leftover 529 funds after a scholarship, consider changing the beneficiary to another family member (sibling, cousin, etc.) who might need education funding. This avoids the non-qualified distribution issue entirely while keeping the tax-advantaged growth intact for education purposes.

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Skylar Neal

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This is really helpful advice about the timing and beneficiary change options! I'm curious though - if they change the beneficiary to another family member after taking a distribution, does that affect the tax treatment of the withdrawal they already took? Or would that only apply to future distributions from any remaining balance? Also, regarding the documentation for the scholarship exception, does it matter if the scholarship was for tuition only versus room and board? I know qualified education expenses include both, but I'm wondering if the type of scholarship affects how much you can withdraw penalty-free.

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Eve Freeman

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Great question about the timing! Changing the beneficiary after taking a distribution won't change the tax treatment of that withdrawal - once it's taken and reported as non-qualified, that's locked in. The beneficiary change would only affect future distributions from any remaining balance in the account. Regarding scholarship types, the penalty exception applies to the total amount of tax-free scholarships received, regardless of whether they're designated for tuition, room and board, or other qualified expenses. What matters is the scholarship amount that's excludable from the student's income under IRC Section 117. So if your daughter received a $10,000 scholarship (whether for tuition only or mixed expenses), you could withdraw up to $10,000 from the 529 without the 10% penalty - though you'd still owe income tax on the earnings portion of that withdrawal. @c86e83e24618 Just make sure you keep good documentation of the scholarship award letters showing the amounts and that they qualify as tax-free educational assistance.

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StardustSeeker

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Just a heads up for anyone dealing with 529 distributions - make sure you understand the difference between who owns the account versus who the beneficiary is when it comes to tax reporting. In your situation, since your parents-in-law owned the account and received the distribution into their own bank account, they're the ones responsible for reporting the taxable earnings and paying any penalties on their tax return. The fact that they then gifted the money to your daughter is a separate transaction entirely. As long as the gift was under the annual exclusion limit ($17,000 for 2023, $18,000 for 2024), there shouldn't be any gift tax consequences either. One more thing - if your daughter received any scholarship money that was tax-free, make sure your in-laws claim the scholarship exception on Form 5329 to avoid the 10% penalty on up to that scholarship amount. They'll still owe income tax on the earnings portion, but avoiding the penalty can save a significant amount. Keep all scholarship documentation handy in case the IRS has questions later.

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Ezra Beard

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This is really helpful clarification about the ownership vs beneficiary distinction! I'm new to 529 plans and wasn't sure how the tax responsibility flows when there are multiple parties involved. Just to make sure I understand correctly - even though the daughter was the beneficiary, since the grandparents were the account owners and received the distribution, all the tax consequences (both the income reporting and any penalties) fall on them, not the daughter or her parents? Also, regarding the gift tax exclusion limits you mentioned - does it matter that the money originally came from a 529 plan, or is it treated just like any other cash gift once it hits their bank account? I want to make sure there aren't any special rules I'm missing for gifts that originated from education accounts.

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