The "Grandparent Loophole": Grandparent-Owned 529 Accounts & the New FAFSA - Savingforcollege.com (2024)

529 plans are a popular way for grandparents to save for college and for good reason. With a 529 plan, you can build an educational legacy for your grandchild while taking advantage of tax and estate planning benefits. Best of all, under the new FAFSA (Free Application for Federal Student Aid), which goes into effect starting with the 2024-2025 academic year, 529 accounts owned by grandparents will no longer have an adverse effect on a grandchild’s financial aid eligibility.

Under prior FAFSA rules, grandparent-owned 529 plans could have a negative impact on financial aid eligibility for the beneficiary. However, thanks to new rules under the simplified FAFSA, grandparents no longer have to worry about the “financial aid trap.”

Two-thirds of questions have been removed from the new FAFSA, including one that asks about cash gifts from grandparents, said Shannon Vasconcelos, director of college finance at Bright Horizons College Coach.

The new, simplified FAFSA went live in December 2023 for the 2024-25 academic year.

Grandparent 529 Plans Under Prior FAFSA Rules

Overall, 529 plans have a minimal effect on financial aid. Parent-owned 529 plan assets are reported on the FAFSA as parent assets. Parent assets can only reduce aid eligibility by a maximum of 5.64% of the account value. On the other hand, grandparent-owned 529 plans were not reported as assets on the prior FAFSA at all, which would seem to have made them more attractive.

However, the difference came in how distributions were treated under the prior FAFSA rules. While the old FAFSA ignored distributions from a parent-owned 529 plan, distributions from grandparent-owned 529 plans were reported as untaxed student income. Untaxed income to a student can reduce aid eligibility by as much as 50% of the amount of cash support. For example, taking a $10,000 529 plan distribution to help pay for college could reduce your grandchild’s aid eligibility by $5,000 under the previous rules.

This is why it’s such a big deal that the rules are changing. Now, a grandparent will be able to open a 529 plan for their grandchildren and help them pay for college without hurting their financial aid eligibility.

Changes to Grandparent 529 Plan Rules

The updated FAFSA does not require students to report cash support manually. That means a grandparent-owned 529 plan will not have any impact on need-based financial aid eligibility. Some have now referred to this as the “grandparent loophole.”

With the new form, the amount of a student’s “total income,” which includes untaxed income, will come directly from federal income tax returns via the IRS Data Retrieval Tool (DRT). So, a student’s total income amount will only consist of data that comes from the federal income tax return.

Note that this provision applies to any cash support for the student, regardless of the source, so other family members and loved ones can provide financial support without impacting financial aid.

How FAFSA Changes Affect Grandparent 529 Plans

Grandparent 529 Plan Assets

Grandparent 529 Plan Distributions

Old FAFSA Rules

Not reported

Reported as untaxed student income, 50% of the gift is counted as available funds for college

New FAFSA Rules

Not reported

Not reported

Keep in mind, however, that grandparent 529 plans will still be considered on the CSS Profile. The CSS Profile is an additional financial aid form used by about 200 private colleges to award their institutional aid.

It’s still unclear how the upcoming FAFSA changes will affect the CSS Profile and institutional aid eligibility at other schools. Vasconcelos says cash support from grandparents will likely still have an impact.

“It is also possible that with the reduction of questions on the FAFSA, more colleges that are interested in collecting information that is no longer available on the FAFSA will begin to require the Profile or their own institutional application,” she said.

529 Plan Tax Benefits for Grandparents

529 plans offer tax-deferred investment growth, and distributions are tax-free when used to pay for qualified education expenses. With these tax savings, you can build a substantial college fund for a grandchild without having to worry about the money hurting any of their financial plans.

You may also be eligible for additional state tax benefits, depending on where you live and which plan you use. Over 30 states allow residents to claim a state income tax deduction or credit for contributions to a 529 plan. Most of these states only offer tax benefits when you use your home state’s plan. Check your state’s rules to see if you qualify.

529 Plan Estate Planning Benefits

Some financial professionals advise grandparents to contribute to a 529 plan as part of an estate planning strategy. In most cases, you have to consider the Generation Skipping Transfer Tax (GST) when leaving an inheritance to a grandchild. But, 529 plan contributions up to $18,000 per beneficiary qualify for the annual gift tax exclusion in the 2024 tax year. This means married grandparents who contribute $36,000 to a grandchild in 2024 would not include the amount in their taxable estate.

529 plan contributions above the annual gift tax limit will count against your GST lifetime exemption. In 2024, the GST tax exemption is the same as the lifetime gift tax exemption ($13.61 million).

You can shelter an even larger gift if you elect to spread a lump-sum contribution between $18,000 and $90,000 over a five-year period. This strategy is called superfunding a 529 plan.

When you save for a grandchild in a 529 plan, you retain control of the assets over the life of the account, even though you removed the value from your estate. However, you will have to add the value back to your taxable estate if you revoke the gift from the beneficiary.

The Bottom Line

With the new FAFSA changes in place, it’s an ideal time to set up a 529 plan for a grandchild who isn’t currently in school. You can start accumulating assets for them that won’t hurt their financial aid ability when they enroll. See our best 529 plans available in your state.

A 529 plan is a smart investment that can set your grandchild up for future success. 529 plans already offer numerous benefits for grandparents, and the new financial aid treatment makes them even more attractive. But, the financial aid process can change dramatically at any time, Vasconcelos warns.

“When it comes to preparing over 18 years for college payments, the best you can do is to plan based upon the information available to you at the time, but know that there is no guarantee that the rules in effect when you start saving for college will remain in effect when the time comes to pay for college,” she says.“The more you save, however, the better prepared you will be for whatever shifts in policy and priorities occur.”

Frequently Asked Questions (FAQs)

Is it better for a grandparent or parent to own a 529 plan?

Many advisors will push people to have the parent own the 529 plan because recent rules have grandparent contributions hurting total financial aid eligibility. While this will change with the new FAFSA, many private colleges still will use the CSS system, so in those cases, there could still be a negative impact to the student if the grandparent owns the account.

Can grandparents write off 529 plan contributions?

More than 30 states offer a state income tax deduction to grandparents who contribute to a 529 account. They may still qualify for this deduction if someone else owns that 529 account. The amount and eligibility will depend on the state where the grandparent resides.

How much can a grandparent contribute to a 529 plan?

There is no individual limit to how much you can contribute to a 529 plan in a year. Every account has a lifetime limit of primary contributions that it can receive, and it varies based on who administers the account. It typically varies between $350,000 to more than $500,000 and doesn’t include any growth accumulation.

The grandparent might trigger certain gift tax rules, though, if they give too much to a single account or beneficiary during the course of a single year.

The "Grandparent Loophole": Grandparent-Owned 529 Accounts & the New FAFSA - Savingforcollege.com (2024)

FAQs

What is the grandparent loophole for FAFSA 529? ›

On the 2024-25 FAFSA, students are no longer required to report cash gifts from a grandparent or contributions from a grandparent-owned 529 savings plan. Because of this, grandparents can now use a 529 plan to fund a grandchild's education without impacting their financial aid eligibility.

How will having a grandparent 529 affect financial aid eligibility? ›

The Basics

In most cases, a grandparent owning and using a 529 account for a grandchild will not affect the grandchild's eligibility for need-based financial aid.

What is the loophole for FAFSA? ›

The new FAFSA's streamlined form eliminates questions about grandparent contributions, effectively creating a “loophole” for grandparents to fund their grandchild's college fund without impacting their financial aid eligibility.

What is the new 529 rule in 2024? ›

In December 2022, SECURE Act 2.0 was signed into law to enhance retirement savings opportunities for Americans. One provision — effective in 2024 — allows owners of a 529 plan to move unused funds in the account directly to the plan beneficiary's Roth IRA.

Is it better for a parent or grandparent to own a 529 plan? ›

Is it better for a grandparent or parent to own a 529 plan? Many advisors will push people to have the parent own the 529 plan because recent rules have grandparent contributions hurting total financial aid eligibility.

How does 529 ownership affect FAFSA? ›

The value of a 529 plan owned by a dependent student or a parent (529 plans do not allow joint ownership) is considered a parent asset on the FAFSA. Any parental assets, such as a brokerage account, savings account, and other assets, will reduce a student's aid package by up to a maximum of 5.64% of the asset's value.

What is the 5 year rule for 529 plans? ›

The 5-Year Gift Tax Election

The option is to make a larger 529 plan contribution without affecting your lifetime gift tax exclusion. The IRS allows for a unique strategy known as 5-year gift-tax averaging, which allows a donor to make a larger tax-free contribution to a 529 plan spread evenly over five years.

Does FAFSA consider grandparents' income? ›

Under the new FAFSA guidelines, money contributed by grandparents for a grandchild's education will not be factored into the calculation of a student's financial aid eligibility.

How much can a grandparent contribute to a grandchild's 529? ›

You can contribute up to $16,000 per beneficiary ($32,000 for married couples) each year without having to file a gift tax return.

At what income level is FAFSA pointless? ›

What income is too high for FAFSA? There is no income that is too high to file a FAFSA. No matter how much you make, you can always submit a FAFSA. Eligibility for need-based financial aid increases as the cost of attendance increases, so even a wealthy student might qualify for financial aid at a higher-cost college.

What disqualifies you from FAFSA? ›

Not maintaining satisfactory progress at your college or degree program. Not filling out the FAFSA each year you are enrolled in school. Defaulting on a student loan.

How to beat the FAFSA system? ›

Basic Principles
  1. Reducing income during the base years.
  2. Reducing “included” assets. ...
  3. Increasing the number of family members enrolled in college and pursuing a degree or certificate at the same time.

What is the new rule for 529 accounts? ›

For 2024, the annual gift tax exclusion is $18,000. You must file a gift tax return if your gift exceeds this limit. Because contributions to a 529 plan are considered gifts, individuals can contribute up to $18,000 per year to a beneficiary's 529 account without filing a gift tax return.

Can I roll my 529 into a Roth IRA? ›

Under certain conditions, you can roll over tax- and penalty-free up to a lifetime limit of $35,000 in a 529 to a Roth IRA open by the 529 beneficiary for more than 15 years, subject to annual Roth IRA contribution limits. (Note: The annual contribution limit would be the beneficiary's, not the parents'.)

Are there tax consequences for changing the owner of a 529 plan? ›

However, the 529 plan account owner may change the beneficiary to a qualifying family member of the current beneficiary at any time without the tax consequences of a non-qualified withdrawal by completing a form on the 529 plan's website.

Can grandparents deduct college tuition for grandchildren? ›

Only the person claiming the student's dependency (usually the parent) can claim a tuition credit (there is no deduction). But that person can claim the money paid by any other person (what you, the grandparent paid) in calculating the credit.

Can a grandparent change the beneficiary of a 529 plan? ›

With few exceptions — and we'll get to one of those in a moment — withdrawals are tax free only if used to pay qualified education expenses for the plan's beneficiary. So the transfer you're proposing would incur income taxes and penalties. You can, however, change the beneficiary of the 529 plan to your grandchild.

Can you roll 529 from child to grandchild? ›

After they are finished paying for college for the first child, the parents should change the 529 plan beneficiary to the next child attending college. Grandchildren, nieces, nephews or anyone else with future education costs may be also named as a designated 529 plan beneficiary.

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