- Some families use a 529 plan for only the tax benefit, by simply running funds through they’d normally pay for qualifying education benefits, and not investing.
- States like Montana, Wisconsin, Utah, and Michigan have rules in place to curb this strategy.
- Families should understand their state rules to avoid unexpected penalties.
529 plan churning is the concept of “running” funds through a 529 plan to simply capture the state income tax benefit.
How it works is a family member would make a quick contribution to a 529 college savings plan solely to claim a state income tax deduction, then almost immediately withdrawing the funds to cover tuition or other qualified education expenses. The idea of contributing money just to claim a deduction and then turning around and spending that same money appeals to some families seeking short-term tax benefits – especially for bills like tuition that would be paid normally.
However, given that the purpose of a 529 plan is education investment, some states are beginning to respond and block the tax benefits if funds are withdrawn too quickly. And since every state makes their own 529 plan rules, it simply makes it even more confusing!
Here’s what you need to know.
States That Have 529 Plan Withdrawal Rules
Several states have added provisions to block or discourage 529 plan churning. These rules vary widely and more may be added in the future.
Michigan: Taxpayers are allowed to deduct contributions to a 529 plan from their state adjusted gross income, but must subtract any qualified withdrawals made in the same year. That means the benefit is only realized on net new savings. You can view the Michigan program description for more.
Montana: The state imposes its highest marginal tax rate on any distributions made within three years of opening a 529 account. This rule is designed to discourage short-term use of the accounts and preserve the program’s intent of long-term saving. You can read the Achieve Montana program description for more.
Utah: Only account beneficiaries under the age of 19 are eligible for the tax credit. This limits the ability of parents or other adults to open accounts, make contributions, and quickly withdraw funds to pay for their own education expenses. Learn more about the Utah 529 plan here.
Wisconsin: If a withdrawal is made within 365 days of a contribution, the amount must be added back to taxable income. This can cross tax years too, so while the deduction is initially claimed, it is effectively canceled if the money is pulled out too soon. Learn more about the Wisconsin 529 plan here.
These rules vary in scope but share a common purpose: preventing the use of 529 plans as short-term tax shelters.
Why It’s Happening
The federal tax advantages of 529 plans are well known—earnings grow tax-free and withdrawals for qualified expenses are not taxed. But in many states, contributions are also eligible for state income tax deductions or credits, making them attractive during tax season.
For example, a family in a state with a 5% income tax rate could potentially reduce their tax bill by $100 with a $2,000 contribution. If they’re able to make a qualifying withdrawal days later, the benefit is gained without leaving the money in the account for long.
This approach is more common among higher-income households looking to optimize tax savings. But as awareness grows, states are taking steps to make sure the benefits are reserved for long-term savers.
What Families Should Know
Not every state has rules blocking short-term withdrawals. In states with no income tax, such as Florida or Texas, there’s no deduction to claim in the first place.
Other states, like California, do not allow deductions or credits for 529 contributions, so there’s no incentive to use this tactic.
But for families living in states with tax incentives, it’s important to read the fine print. Failing to comply with rules, especially around timing, can lead to unexpected tax bills or penalties.
Families who are unsure whether their state imposes time restrictions on withdrawals should check with their state’s tax authority or the 529 plan administrator.
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