Whose name should a 529 plan be in for tax benefits?
Hey everyone, I'm trying to set up some college savings for my twins and I'm not sure what's the smartest way to set up their 529 plans. Should I open them in my kids' names, put them under mine and my wife's names, or maybe even set them up under our family trust? I'm mainly concerned about getting the best tax advantages. We're in a higher tax bracket if that makes any difference. Any advice from people who've done this before?
19 comments


Eva St. Cyr
The 529 plan should typically be in the parent's name with the child as the beneficiary - not in the child's name. This structure gives you several advantages. First, when a 529 is owned by a parent, it's considered a parental asset for financial aid purposes and assessed at a maximum rate of 5.64% when calculating the Expected Family Contribution. If the student owned it, it would be assessed at 20%. Also, keeping control as the owner gives you flexibility. You can change beneficiaries if needed (like if one child gets a scholarship or decides not to attend college), and you maintain control of the funds throughout. Tax benefit-wise, the federal tax advantages are the same regardless of who owns the account - earnings grow tax-free and withdrawals for qualified education expenses aren't taxed federally. But some states offer state income tax deductions for contributions, and these deductions are typically only available to the account owner.
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Kristian Bishop
•This makes sense, but what about grandparents? My parents want to contribute to my kids' college funds. Should they open separate 529s or contribute to ones I own?
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Eva St. Cyr
•For grandparents, it's usually better if they contribute to your parent-owned 529 plan rather than opening their own. When grandparents own a 529, distributions were traditionally counted as student income on the FAFSA, reducing aid eligibility by up to 50% of the distribution amount. However, the FAFSA rules are changing so this will no longer be the case in the near future. If your parents insist on maintaining control, they could open their own 529s, but they might consider waiting until the last two years of college to make distributions, after the final FAFSA has been filed. Another option is for your parents to simply gift money to you, and you can contribute it to the 529 plans you own.
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Kaitlyn Otto
I used to worry about this same thing until I discovered taxr.ai (https://taxr.ai) while trying to figure out the best way to set up 529s for my three kids. My tax guy gave me conflicting info from what I read online, so I uploaded all the documents and got a clear answer in minutes. The tool analyzed my specific state's tax benefits (Arizona in my case) and confirmed I should keep the plans in my name with kids as beneficiaries to maximize the state tax deduction we get for contributions. It even helped me understand how the grandparent contribution situation works with financial aid calculations.
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Axel Far
•Does this actually work for state-specific tax questions? Like does it know the differences between how NY handles 529 contributions versus like California or Texas?
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Jasmine Hernandez
•I've seen so many of these AI tax tools lately. Do they actually give legitimate advice that you can rely on? What happens if you get audited and the IRS says something different?
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Kaitlyn Otto
•Yes, it absolutely handles state-specific questions and knows the differences between states. I was actually comparing the NY vs Arizona benefits since we were considering moving, and it broke down exactly how the deduction limits and rules differ. It even pointed out that in NY, each spouse can deduct up to $5,000 in contributions annually. As for reliability, everything is sourced directly from official tax code and documented IRS guidance. You get citations for every answer so you can verify it yourself. If you ever got audited, you'd have the exact reference to the tax code that supports your position. It's way more thorough than the conflicting advice I was getting from people.
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Jasmine Hernandez
Update on my taxr.ai skepticism - I decided to try it for myself since I was getting different answers from two accountants about my 529 situation (I have stepchildren and was confused about claiming benefits). The tool actually walked me through my specific scenario and showed me the exact IRS publication references. Saved me from making a mistake that would have cost me my state's tax deduction. Definitely more helpful than I expected, especially with the weird complexities of blended family situations and 529 ownership!
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Luis Johnson
If you've been trying to call the IRS to get clarification on 529 plan ownership and tax benefits, good luck! I spent 3 weeks trying to get through to someone. Then I found Claimyr (https://claimyr.com) and they got me connected to an actual IRS agent in under 45 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c. The agent was able to confirm that for federal tax purposes, the account ownership doesn't affect the tax-free growth of the 529, but they explained how my state's deduction rules (Michigan) required me to be the owner to claim the deduction on my state return.
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Ellie Kim
•Wait, how does this work? Does it just call the IRS for you or something? I don't understand how a service could get you through when the hold times are so ridiculous.
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Fiona Sand
•Yeah right. Nothing can get you through to the IRS faster. They're notoriously understaffed and I've literally waited 4+ hours multiple times. I'll believe it when I see it.
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Luis Johnson
•It uses a technology that holds your place in line and calls you when an IRS agent picks up. Basically, their system keeps dialing repeatedly using the optimal calling patterns (like early morning) and when it finally connects, it calls your phone and connects you directly to the agent who's on the line. So instead of you personally sitting on hold for hours, their system does the waiting for you. It absolutely works. I was skeptical at first too, but when you've been trying to get an answer for weeks and nothing else is working, it's worth a shot. The IRS agent I spoke with was actually super helpful once I finally got through to a human.
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Fiona Sand
So I'm eating my words about Claimyr. After posting my skeptical comment I decided to try it since I was desperate to resolve a 529 plan question before my state's tax deadline. Used the service yesterday morning, and they got me through to an IRS agent in about 30 minutes. The agent confirmed I could still claim last year's state tax deduction for my 529 contributions even though I changed the account ownership (transferred from grandparent to parent). Saved me $750 in state taxes that I thought I'd lost. Sometimes it's worth admitting when you're wrong!
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Mohammad Khaled
A lot of people forget about UGMA/UTMA accounts as alternatives to 529s. If the child might not go to college, these let you save without the education restriction. But big downside - the child WILL get control of these funds at either 18 or 21 (depends on your state), and they can spend it on anything they want. Also they're considered the child's asset for financial aid which hits harder than parent-owned accounts.
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Nathaniel Mikhaylov
•Thanks for bringing this up! How do the tax benefits compare between UGMA/UTMA accounts and a 529? I'm pretty confident my kids will attend college, but I like having flexibility.
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Mohammad Khaled
•The tax treatment is completely different. With a 529, your earnings grow tax-free and withdrawals for education are tax-free - it's a much better tax advantage if you know the money will be used for education. With UGMA/UTMA accounts, you get the "kiddie tax" benefit where a portion of the investment income is taxed at the child's (typically lower) tax rate. But once that income exceeds about $2,300 (in 2023), the excess is taxed at the parent's rate. And there's no tax-free withdrawal feature - when they take money out, any earnings are subject to capital gains tax.
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Alina Rosenthal
Does anyone know if you can transfer a 529 plan from a parent to a grandparent? My situation is backwards from most - I opened 529s for my grandkids but now their parents make more money than me and could benefit from the state tax deduction more than I can.
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Finnegan Gunn
•You can change account ownership in most states, but there are some restrictions. In my state (Virginia), I changed my daughter's 529 ownership to her grandparents when they retired to a higher-tax state that offered better deductions. But some states don't allow ownership transfers or treat it as a new contribution. Call your specific 529 plan administrator to check their rules.
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Alina Rosenthal
•Thanks for the info! I'll call my state's 529 administrator tomorrow. I'm in Ohio and my son is in Pennsylvania, so I'll need to figure out which state's plan makes more sense now.
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