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Regulation and Compliance > Legislation

On 529-to-Roth Rollovers, Advisors Await IRS Answers, With a Shrug

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What You Need to Know

  • The jury is still out on how beneficial the Secure 2.0 Act's 529-to-Roth IRA transfer option will be.
  • Planners are still awaiting IRS guidance on how, exactly, the rules will apply.
  • There are often more effective vehicles for college savings, an advisor says.

While the jury is still out on how beneficial the Secure 2.0 Act’s 529-to-Roth IRA transfer option will be, advisors have their own strategies when helping clients decide how to best plan for college — and they don’t always include 529 plans.

Starting this year, 529 account owners can do tax-free rollovers of unused 529 funds to a Roth IRA. The rollovers are subject to annual Roth IRA contribution limits, up to a lifetime total of $35,000.

However, the new rollover has several restrictions, one of which is that the 529 plan must have been open for more than 15 years.

Open Questions

The Internal Revenue Service has yet to clarify how the limits on IRA-to-Roth rollovers will apply in practice.

For example, it is unclear whether ”a fresh 15-year waiting period is required when someone changes 529 plan beneficiaries,” Ed Slott told ThinkAdvisor in a previous interview.

This question could be important to clients who want to open an account before a child is born, said David Wilson, managing partner at Sincerus Advisory in New York. As he explains, a client can open a 529 plan in their own name and change the beneficiary later. This enables them to “maximize the tax-free growth and benefit from the state tax deduction,” he says.

Advisors Weigh In

Wilson was one of several advisors who responded to a ThinkAdvisor request, via the Financial Planning Association, about the Secure 2.0 change as well as how they advise clients on college planning.

While the “greater flexibility and options around savings and increased capacity to fund tax-free Roth IRA is always incrementally helpful,” it’s unclear how beneficial 529-to-Roth rollovers will be, Wilson said.

“In general, with our clients we don’t see a significant amount of excess funds in 529 accounts post college graduation given the relentless pace of higher education inflation over the last couple of decades,” he added.

Another reason Sincerus doesn’t regularly see excess 529 plan amounts “is that our strategic plans tend to target saving 80-90% of higher education costs with the remaining amounts being funded by cash flow or by the students themselves so that they have ‘skin in the game,’” Wilson said.

If the IRS guidance “is favorable to it, we’ll probably see more clients intentionally overfunding 529 accounts or targeting closer to 100% of future education costs in the 529s,” Wilson said.

Juan Hernandez, principal with WealthCreate in Houston, said in another email that the lack of clarity around the new Secure 2.0 rule “and the number of restrictions make it just an additional tool in case there are unused funds at the end of college rather than an appealing tax or financial planning opportunity.”

Hernandez said that his firm will use the new provision “in some specific cases, but not as much as some people would think.”

As it stands now, there are “already ways to repurpose unused 529 funds, such as switching the beneficiary (being mindful of potential gift tax implications, of course), using it to pay up to $10,000 of student loans, or withdrawing the equivalent basis penalty-free if the beneficiary was awarded a tax-free scholarship,” Hernandez said.

The new Secure 2.0 provision is “one of those instances in which there’s so much room for interpretation that this rule will evolve more and more over time to make it more defined,” Hernandez opined. “Historically, these rule evolutions make these tools more restrictive. Because of this, it is always good to err on the side of caution when planning.”

Is a 529 Plan the Best Way to Save for College?

Hernandez noted that his firm does recommend 529s “in some instances (depending on prior liquidity, age of the student, and financial goals) — but only about 50-60% of the time.”

Sometimes it’s better to use a “Roth IRA or [nonqualified] brokerage account or a combination” or “utilizing some student loans may be beneficial depending on the major (for Public Service Loan Forgiveness purposes) and interest rate (especially when considering Federal Student loans’ interest doesn’t capitalize while the student is in college and some State-based loans are simple interest altogether).”

Further, 529s “lack the liquidity in case the student obtains a grant or pursues a different pathway (although Secure 2.0′s Roth tool is very interesting as a last resource),” Hernandez maintained.

Moreover, investments in 529 plans “can be less competitive than what you can allocate into a Roth IRA or even a properly and responsibly managed low-turnover brokerage account,” Hernandez said. “Even if you meet all the rules …, is going through all that hassle worth more than the alternatives? Based on our calculations, I don’t believe so.”


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