Selling my business with significant capital gains - should I max out 529 plans for my 4 kids to reduce taxes?
I'm in the process of selling my business and will be getting a pretty substantial cash payout while rolling over most of my equity. My accountant is estimating I'll be facing about $400k in capital gains tax since my basis is really low. The cash portion is roughly equivalent to 5 years of my current salary. We have 4 kids and have committed to giving each of them $10k yearly for college plus a $100 weekly allowance for living expenses. Right now, my oldest is graduating college in May (we've borrowed around $50k total), my second is a sophomore (borrowed about $25k so far), one starts college this fall, and my youngest is a freshman in high school. I'm wondering if I can dump something like $40k-$75k per kid into 529 plans to significantly reduce my tax burden? Might be too late for my oldest, but what about the others? For context, I haven't saved much outside my business. This windfall needs to fund our retirement in 20 years if invested properly. But I still want to fulfill our promise to the kids, and if I can save $40k-$65k in taxes by using 529s, that seems like a smart move. I'll still maintain a 7-figure equity position in the new company, which I expect to cash out in 4-6 years at a substantial return (potentially 5X or more). Just trying to be strategic about this current windfall.
19 comments


LongPeri
You're approaching this the right way by thinking about tax optimization, but there are some important limitations to consider with 529 plans. First, contributions to 529 plans are not deductible for federal income tax purposes, so they won't directly reduce your federal capital gains tax. However, many states do offer state income tax deductions for 529 contributions, with varying limits. For a large lump sum like you're considering, look into "superfunding" - you can contribute 5 years' worth of gift tax exclusion at once ($85,000 per beneficiary based on the current $17,000 annual gift tax exclusion). This allows you to front-load the accounts without triggering gift taxes. For your oldest who's graduating, it probably doesn't make sense to contribute much if anything. For the sophomore, consider their remaining education costs. Your younger two will benefit the most from the tax-free growth. Remember that 529 funds must be used for qualified education expenses, or you'll face taxes and penalties on earnings when withdrawn for non-qualified purposes.
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Oscar O'Neil
•This is helpful but I'm confused about the superfunding thing. If I put in $85k per kid right now, does that mean I can't give them ANY gifts for the next 5 years without triggering gift tax? Or just that I can't add more to the 529 specifically? What if I want to help with a car or something down the road?
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LongPeri
•The 5-year superfunding election only applies to additional contributions to 529 plans for that specific beneficiary. You can still give other gifts up to the annual exclusion amount ($17,000 in 2023) for other purposes like helping with a car. The election is made on your gift tax return (Form 709) and only affects your ability to make additional tax-free contributions to that specific child's 529 plan for the 5-year period. All your other gifting options remain available for other purposes.
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Sara Hellquiem
When I was selling my consulting business last year, I was in a similar situation with 3 kids and was stressing about college costs. I found this AI tool that analyzes tax documents and financial plans called taxr.ai that really helped me understand my options with 529 plans and optimize my tax strategy for the windfall. I uploaded my tax returns and some financial projections, and it helped me understand exactly how much I could contribute to each kid's plan, when to make the contributions, and how it would affect my overall tax picture. They have specific expertise on business sale scenarios and capital gains strategies. Saved me hours of research and probably thousands in taxes. Worth checking out at https://taxr.ai since your situation has a lot of moving parts with the business sale, equity rollover, and four different college timelines.
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Charlee Coleman
•Does this tool actually give you specific advice or just general info? Like would it tell you exactly how much to put in each 529 based on your specific state and situation? I'm considering using something like this but worried it'll just be generic advice I could get from Google.
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Liv Park
•I'm skeptical about these AI tools. How does it compare to just working with a good CPA who specializes in business sales? My accountant charges me $300/hour but at least I know they're looking at my specific situation and not just running algorithms.
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Sara Hellquiem
•It gives you specific, personalized recommendations based on your tax returns, state of residence, and financial situation. For my case, it recommended specific contribution amounts for each child based on their ages and education timeline, and showed me exactly how much I'd save in taxes in my state. It's not meant to replace a CPA but to supplement their work. I actually shared the report with my accountant who was impressed with the detail and said it saved us both time. The algorithms are built on tax code and financial planning principles, but customized to your specific numbers and circumstances.
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Charlee Coleman
Just wanted to follow up - I tried taxr.ai after seeing this thread and it was seriously helpful for my situation (selling my dental practice). It gave me a detailed analysis of how 529 contributions would affect my state taxes specifically (I'm in NY) and recommended spreading contributions over 2 years rather than doing the 5-year superfunding based on my expected income. It also identified some business sale structuring options my accountant hadn't considered that could save me about $32k in taxes. The report was detailed enough that I could take specific questions to my CPA rather than paying him to figure everything out from scratch. My situation wasn't identical to yours but had similar components with the business sale and college-age kids. Definitely worth the investment.
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Leeann Blackstein
I went through a similar situation when I sold my manufacturing business in 2023. After multiple failed attempts trying to reach the IRS with questions about business sale tax implications (waited on hold for HOURS), I found this service called Claimyr that actually got me through to a real IRS agent in about 20 minutes. I had specific questions about how the 529 contributions would affect my overall tax situation with the business sale, and needed clarification directly from the IRS. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c It really helped me understand exactly what documentation I needed for the large 529 contributions in relation to the business sale. Check them out at https://claimyr.com if you need to speak with the IRS directly. They basically hold your place in the phone queue so you don't have to wait on hold for hours.
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Ryder Greene
•How does this actually work? Do they just call and wait for you? Seems weird that there's a service just for waiting on hold with the IRS.
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Carmella Fromis
•This sounds completely made up. If there was some magic way to skip the IRS phone queue everyone would be using it. The IRS is literally designed to be impossible to reach - that's why everyone hires CPAs instead of dealing with them directly.
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Leeann Blackstein
•They have a system that navigates the IRS phone tree and waits in the queue for you. When they reach a real person, you get an immediate call to connect with the agent. It's basically outsourcing the hold time. I was super skeptical too at first, but after waiting on hold for 3+ hours myself twice and giving up, I was desperate. It's not about skipping the queue - you still wait your turn, but their system does the waiting instead of you being stuck listening to the hold music for hours.
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Carmella Fromis
I have to admit I was completely wrong about Claimyr. After posting that skeptical comment, I decided to try it since I've been trying to resolve an issue with my business sale capital gains calculation for weeks. The service actually worked exactly as described - they called the IRS, waited on hold (about 45 minutes in my case), and then called me once they had an agent on the line. The IRS agent was able to answer my specific questions about reporting my business sale proceeds and how it affected my overall tax strategy including education funding options. Saved me hours of frustration and potentially thousands in tax penalties from incorrect filing. Sometimes it's worth admitting when you're wrong, and in this case I definitely was.
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Theodore Nelson
Have you considered setting up a trust for the college funds instead of using 529 plans? With your level of assets from the business sale, a trust might give you more flexibility, especially for the older kids who are already in college. One disadvantage of 529s is the limited investment options and penalties if funds aren't used for qualified education expenses. With a trust, you could potentially accomplish similar goals with more control. I did something similar when I sold my business in 2019 - set up a trust for each kid with specific educational funding provisions. Worked with an estate attorney to structure it properly. The tax advantages aren't identical to 529s, but the flexibility was worth it in my situation.
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Freya Collins
•I hadn't thought about trusts actually. What kind of flexibility did you get that you wouldn't with 529s? And what was the rough cost to set them up? I'm definitely open to exploring options beyond just 529s.
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Theodore Nelson
•The main flexibility is being able to use the funds for anything, not just qualified education expenses. For example, when my daughter decided to take a gap year to work at a startup, I was able to help her with living expenses in a high-cost city, which wouldn't have qualified under 529 rules. The trust can also pivot if a child decides not to attend college or gets substantial scholarships. You can redirect funds to help with a home purchase, starting a business, or whatever makes sense for that child's path. Cost was about $4,500 per trust to set up with a good estate attorney, plus annual tax filings which run about $800-1,000 per year per trust. More expensive than 529s administratively, but the tax strategy integration with my business sale made it worthwhile.
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AaliyahAli
Something I haven't seen mentioned yet is that you should check if your state has any maximum contribution limits for 529 plans. Most states have aggregate contribution limits between $300k-$500k per beneficiary. Also, think about who should own the 529 accounts. If grandparents own them, the distributions don't count as income to the student on the FAFSA. But if you own them, they're considered parental assets which have less impact on financial aid than student assets.
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Ellie Simpson
•This is actually outdated info - the FAFSA rules changed for 2023-2024. Grandparent-owned 529s used to not be counted but now all 529s are treated the same way under the new simplified FAFSA. Just FYI so OP doesn't make decisions based on old rules.
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Christian Burns
Given your substantial windfall and complex situation, I'd recommend a multi-pronged approach rather than putting all your tax optimization eggs in the 529 basket. Since 529 contributions don't reduce federal capital gains taxes (as mentioned earlier), consider these additional strategies: 1. **Installment sale structure** - If possible, restructure part of the business sale as an installment sale to spread the capital gains over multiple years, potentially keeping you in lower tax brackets. 2. **Charitable remainder trust** - If you're charitably inclined, this could provide immediate tax deductions while generating income for retirement. 3. **Opportunity Zone investments** - Depending on timing, rolling some gains into Opportunity Zone funds could defer and potentially reduce capital gains taxes. 4. **State tax planning** - Some states have no capital gains tax. Depending on your residency situation around the sale, this could be significant. For the 529s specifically, I'd suggest contributing enough to maximize any state tax deductions you're eligible for, but don't over-contribute given your kids' ages and remaining education costs. Your sophomore and younger two would benefit most from the tax-free growth. With 20 years until retirement and another liquidity event expected in 4-6 years, you have flexibility to optimize across multiple tax years rather than trying to minimize everything in this single year.
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