Gift Tax Research Paper

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functioned by a state or educational organization, like a college, with tax compensations and hypothetically other inducements to make it cooler to save for college and other post-ancillary training for a selected beneficiary, such as a juvenile, daughter/son, or grandchild (Feigenbaum 2002, pg. 34). 529 plans apart from secondary benefits, have a main advantage linked to earnings.

The earnings of a person enrolled in a 529 plan are not subject to federal tax and normally not subject to state tax when used for the qualified education expenditures of the selected beneficiary. These expenditures would typically include: tuition, books, fees, books, even room and board. There are some things that are not deductible in a 529 plan, one such are contributions. Additionally, it is important to keep in mind that the IRS, from time to time, will update or modify their tax laws.

Since 2009 or 2010, a qualified, nontaxable distribution from a 529 plan now contains the fee of the buying of any computer equipment, linked technology and/or linked services like Internet access. "The technology, equipment or services qualify if they are used by the beneficiary of the plan and the beneficiary's family during any of the years the beneficiary is enrolled at an eligible educational institution" (IRS). This is important to note if one wants to use gift money to buy the beneficiary a computer to minimize taxes and still give the amount of money desired to the beneficiary. Keep in mind that computer equipment only qualifies if it suits an educational purpose. Gaming platforms like Xbox are not considered computer equipment. The computer equipment and technology is only applicable to 529 plan withdrawals.

A quick background on the origins of the 529 plan reveal it was made by Congress in 1996 and was named after section 529 of the IR code (Ameriprise). Even though many people including the IRS refer to the program as the 529 plan, its legal name is: "Qualified tuition program.

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" Even though the plan does not have any restrictions on income and the number of plans one can set up, there are limits to contributions before they begin to get taxed. This is where the issue of $30,000 contribution comes into play.

Contributions may not surpass the amount required to provide for the qualified education expenses of the recipient. This means that if the contributor of the plan exceeds the annual limit of $14,000, there may be gift tax penalties. This limit also applies to any other gifts, to an individual recipient. So, if one contributes $30,000 to a child's 529 plan in any given year, for instance, one could generally apply this gift against one's $14,000 annual gift tax exclusion. This means that while the entire $30,000 gift must be reported on a federal gift tax return, it would show that only $16,000 is taxable. One must use up the federal applicable exclusion amount which was $5,250,000 in 2013, before having to write a check for the gift tax (IRS).

There is also a special rule for those who contribute over $14,000 in a single year. Section 529 plans proposition a distinctive gifting feature. Explicitly, one can make a lump-sum contribution to a 529 plan of a maximum of $70,000, choose to spread out the monetary gift regularly over a time frame of five years, and entirely circumvent federal gift tax, if no other gifts are completed to the same recipient during the five-year period. Married couples have their maximum increased to $140,000. For instance, contributions made in the amount of $70,000 to a child's 529 account in one year will be seen as if $14,000 gift were made each year during a five-year period if the person elects this option. Grandparents have different rules applied to them but since the scenario includes a parent to child contribution, this would not apply.

Since states offer different 529 plans,.....

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