My son starting living back at home last year (fall 2014) for his junior year. His 1st two years he lived in the dorms. I am now withdrawing funds for his room and board for living at home for 2015. I am using the school website $ amount that is allowed for commuter room and board and have receipts to back up this amount. I only learned this year, that you can use 529 funds for commuter room and board. I would like to withdraw the room and board for the fall of 2014, that we did not know about or take out in 2014. Is is a relatively small amount ($3,000). He is graduating in the spring, and we need to ‘use up’ a $7,500 balance that is in the 529. I have read that the IRS is ‘silent’ related to if the withdrawals have to occur the same calendar year as the expenses are paid. Has anyone taken out 529 money in a different calendar year than when the expenses were paid? Did the IRS contact you and if they did, did they accept your letter of explanation as to why the mis-match occurred? Thanks for your help.
Where did you read that the IRS is silent?
What happens? The earnings portion of the nonqualified distribution is subject to income tax and the 10% penalty.
IRS Publication 970:
I will find the website that notes the IRS is silent.
Perhaps from Joe Hurley’s website?
http://www.savingforcollege.com/questions-answers/article.php?article_id=90
Note that the information provided here is more than six years old.
This is the link and the related paragraph pasted below. I have found this same language on other sites (i.e. that the IRS doesn’t specifcally say expenses have to match withdrawls in the same calendar year). The IRS has not yet (as best I can find) developed this ‘new rule’ noted below. I am wondering if anyone has actually done this (expenses and withdrawl in different years) and heard back from the IRS?
http://www.bankrate.com/finance/college-finance/poor-529-planning-opens-door-to-taxes.aspx
"The Internal Revenue Service has acknowledged the uncertainty taxpayers using 529 plans face. In its Announcement 2008-17, issued in January 2008, the IRS includes the following statement:
Section 529 is silent regarding whether distributions must be made from a section 529 account in the same tax year as QHEEs (qualified higher education expenses) were paid or incurred. Concerns have been raised that individuals could allow the account to grow indefinitely on a tax-deferred basis before requesting reimbursement or use distributions in earlier years to pay QHEEs in later years.
The announcement goes on to say the IRS expects to develop a new rule permitting recipients of 529 plan distributions to count only those qualifying expenses paid during the same calendar year as the distribution, plus expenses paid within the first three months of the following year."
Read more: http://www.bankrate.com/finance/college-finance/poor-529-planning-opens-door-to-taxes.aspx#ixzz3oe9NsejG
Follow us: @Bankrate on Twitter | Bankrate on Facebook
Same thing, same author, different websites.
That Announcement was issued in 2008.
IRS Publication 970, which I highlighted above, clearly states in the penalty calculation explanation that the numerator and denominator are for amounts during the year.
That is not silent.
We are not talking big bucks here. The penalty and tax are only on the earnings portion.
Yes, it is the Joe Hurley’s article I saw that in. From researching this, there does not appear to be anything more recent or more definitive about this topic. Many sites say the same cut and paste answer of:
“Although you will not find this rule explicitly stated anywhere in the IRS’ publications or tax forms, the withdrawals you take from your 529 account must match up with the payment of qualifying expenses in the same tax year”.
http://www.savingforcollege.com/articles/avoid-these-529-withdrawal-traps?page=3
I don’t know where this ‘Must’ is coming from as it is not stated anywhere on IRS sites/docs. I think this is something you ‘should’ do (withdrawls/expense in same calendar year) but it is not explicitly stated by the IRS.
Other sites say ‘check with your Accountant’. Any Accountants have experience in this?
As I have previously stated, the calculation explanation in IRS Publication 970 is quite clear that in effect, distributions and expenses not in the same year will result in income tax.
Do you understand that now?
I am running out of ways to explain it to you.
Born- you always have the option of doing exactly what you want and then waiting for an audit. The IRS doesn’t come to your house and take away your ice cream and car keys to punish you- the only tools they have are back taxes owed plus a penalty. If you don’t like the answer Madison is giving you, just do what you want and hold your breath.
Madison- you are one of my favorite posters on CC. It is astonishing to me that you give your time and expertise to a bunch of strangers- when most of the time, it’s clear that they aren’t interested in the facts but are looking for some justification of whatever financial aid idea popped into their head.
More power to Madison!
Thanks to all. I think I will wing it and take out my 2014 expenses from the 529 this year and hope for the best. I think I would have a leg to stand on (not knowing about ability to use 529 for commuter room and board until 2015) if the IRS comes knocking.
I recently wrapped up an estate for which I was appointed executor.
I can promise you that not knowing about a provision in the tax code in the appropriate tax year in no way changes the bill one gets from the IRS if they disallow a deduction. It was very straightforward- back taxes owed, plus the penalty. Nice letter in fact.
Your legs may be sturdier than mine and YMMV.
Lol - “I didn’t know the rules so that makes it ok”. Good one!
Madison, you rock.
But again- they don’t come to your house and yell at you. Worst case- back taxes owed plus a penalty (and interest). If you want to take on that risk- go for it.
The way to fix tax mistakes is to file an amended return for the year you made the mistake, not to take the credit or deduction in the next tax year. In this case, you can’t take the withdrawal in 2014 because it’s over. You can’t just take it in 2015 and claim you are making up for prior years.
Can you get away with withdrawing money in 2015 for 2014 expenses? Sure, if your plan administrator will give you those funds. Usually they make you submit receipts or a statement or something to show you paid those amounts. Is it likely you’ll be audited? That really depends on other factors - do you have a business, do you take an home office deduction, do you have a lot of foreign accounts or like-kind exchanges or 34 personal exemptions? Those things will probably trigger an audit, but taking $3000 extra from your 529 account (if you can get the administrator to give it to you) may not. Only you can decide if the $300 penalty and the minimal amount of tax (maybe $30) is worth the risk of an IRS audit. Many many people take a risk every year and leave income or interest off their taxes. Some never get audited.
You asked. The opinion of the experts is that it is not a valid tax exclusion/529 withdrawal. Even if you find 10 ‘experts’ who agree with you, you can’t take opinions you received from a web blog to your audit. If you get caught, you are on your own.
I think the biggest problem is going to be getting the plan administrator to give you the money.
In almost 30 years as a CPA who specializes in income tax, I have never come across a case of “I didn’t know the rule so I should be allowed to get this tax benefit/credit/deduction” meeting the approval of the IRS in an income tax audit.
All we can do is warn. Up to OP to attempt tax fraud or not.
Not my experience. I’ve never been asked for a receipt or any other kind of substantiation, and it would surprise me to learn that there are many (if any) 529 administrators that do this as a matter of course. But, I’ve been surprised before…
I do usually get asked if the distribution is for a qualified or unqualified expense, and I always answer “qualified” and that’s the end of the inquiry.
Every time you file a tax return you sign that it is accurate to the best of your knowledge. Now you know better.
Why not just see how much the earnings portion is? How much tax would you pay?
If you have money leftover in 529 after child is done with college, can you keep the account for a sibling or grandchild?