The kiddie tax

The kiddie tax refers to special rules that apply when a child has annual unearned income over a certain amount ($1,800 in 2008). Unearned income is income other than wages or salary (for example, interest and investment earnings, and taxable gain resulting from the sale of an asset). Under the kiddie tax rules, a child's unearned income over $1,800 is taxed at the parent's (presumably higher) marginal tax rate.

The magic age for the kiddie tax used to be 14. Specifically, in the past, children under age 14 were subject to the kiddie tax rules, while children age 14 and older weren't. So parents saving for college with a custodial account had a limited window of opportunity--after their children turned 14--when they could sell assets in a custodial account and not be subject to the kiddie tax.

But in 2006, the Tax Increase Prevention and Reconciliation Act raised the applicable kiddie tax age from under age 14 to under age 18. The result was that children under age 18 would now be taxed on their unearned income over a certain amount at their parent's (presumably higher) marginal tax rate.

Then, in 2007, the Small Business and Work Opportunity Tax Act expanded the kiddie tax rules again, effective in 2008. Under these expanded rules, the kiddie tax now also applies to children who are under age 19, and to full-time students under age 24 (which covers traditional college students). There is an exception carved out for anyone in these two new categories who earns more than one-half of his or her own support.

The current kiddie tax rules are as follows:

Ramifications

The expanded kiddie tax rules significantly reduce the tax savings potential of custodial accounts, making them a less-than-stellar option for college savings. Now, if your child is a full-time student who does not earn more than one-half of his or her support, the kiddie tax rules will kick in if your child sells an investment asset (via the designated custodian) or has investment earnings before the year he or she reaches age 24.

Now what?

If you've been saving for your child's or grandchild's college education with an UGMA/UTMA custodial account, you may want to consider other options. One popular strategy that's emerged in recent years is to transfer the assets in a custodial account to a 529 college savings plan.

However, be aware that the typical restrictions that are the hallmark of a custodial account (for example, a beneficiary who can't be changed, gifts that can't be revoked, money that can't be withdrawn unless it's used for the beneficiary's benefit, and the requirement that all assets be handed over to the beneficiary when he or she reaches the age of majority, depending on state law) will be transferred onto the 529 plan. Your new account, referred to as a "custodial 529 plan" account, would be more restrictive than a 529 account you opened from scratch.

But keep in mind that you can only contribute cash to a 529 plan, so you'll have to sell assets in your UGMA/UTMA to complete the transfer. This may result in capital gains that will be taxed to the child, potentially at the parent's tax rate due to the kiddie tax.

Federal tax treatment

Income tax--The federal income tax treatment of 529 plans is straightforward. There is no income tax deduction for contributions, but contributions to a 529 plan (prepaid tuition plan or college savings plan) grow tax deferred, which means you don't pay taxes on the earnings (if any) each year. And, in 2006, withdrawals used to pay qualified education expenses (called qualified withdrawals) were made permanently tax free--a huge tax advantage, considering the large sums of money that all 529 plans accept.

However, if you have to withdraw money from your 529 plan for reasons other than qualified education expenses (for medical, housing, or emergency purposes, for example), you'll face a double consequence--the earnings portion of the withdrawal will be taxed at the marginal tax rate of the recipient (either the account owner or the beneficiary) and be subject to an additional 10% penalty.

Gift tax--Contributions to a 529 plan are considered "present interest gifts" that qualify for the annual gift tax exclusion, currently $12,000 per recipient per year. So, annual contributions of less than this amount won't trigger gift tax. And there's a favorable twist: Under special rules unique to 529 plans, you can make a lump-sum contribution up to $60,000, elect to spread the gift evenly over five years (effectively making the gift a series of smaller gifts each $12,000 or less), and completely avoid gift tax, provided no other gifts are made to the same beneficiary during the five-year period.

This feature has made 529 plans a popular tool for estate planning purposes, particularly for grandparents. That's because a married couple can make a lump-sum gift to a 529 plan of up to $120,000 ($60,000 from each spouse), elect to spread the gift over five years, and avoid gift tax--all while removing the money from their estate for estate tax purposes. Plus, if one member of the couple also happens to be the account owner of the 529 plan, they'll have the added bonus of being able to retain control over their money.

State tax treatment

Income tax--Unlike the federal government, 31 states offer an income tax deduction (typically capped at a certain amount) for 529 plan contributions--Arizona (starting in 2008), Arkansas, Colorado, Connecticut, Georgia, Idaho, Illinois, Iowa, Kansas, Louisiana, Maine, Maryland, Michigan, Mississippi, Missouri, Montana, Nebraska, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Utah, Virginia, West Virginia, and Wisconsin. Kansas, Maine, and Pennsylvania allow a deduction for contributions to any 529 plan; all other states require that the contribution be made to the in-state plan.

As for tax-free qualified withdrawals, all states follow the federal government and offer this tax benefit (except for the nine states that have no income tax). But one state, Alabama, requires that the withdrawal be made from an in-state 529 plan.

Regarding nonqualified withdrawals--those made for purposes other than qualified education expenses--state laws vary, so consult a tax professional who is familiar with the laws of your state. You may owe income tax on the withdrawal. Also, at one time, before the 10% federal penalty was imposed, states levied their own penalties. If a state's penalty isn't officially "off the books," you might be subject to a state penalty too. Finally, gift tax rules differ from state to state, so make sure you understand your state's rules before making a large contribution to a 529 plan.

Outright cash gifts

A common way to help with college costs is to make an outright gift of cash or securities. But this method has drawbacks. If you gift the money directly to your grandchild, he or she might spend it on something other than college. Second, a gift of more than the annual federal gift tax exclusion amount ($12,000 for individual gifts, $24,000 for joint gifts) might have gift tax and generation-skipping transfer tax (GSTT) consequences (GSTT is the tax imposed on gifts made to someone who is more than one generation below you).

Another drawback to outright gifts is that the gifts become assets of the student, and the federal government treats student assets more harshly than parent assets for financial aid purposes. Students must contribute 20% of their assets each year toward college costs, compared to 5.6% for parent assets.

529 plans

A 529 plan can be an excellent way for grandparents to contribute to a grandchild's college education while simultaneously paring down their own estate. There are two types of 529 plans: college savings plans, which are individual investment-type accounts whose funds can be used at any accredited college in the United States or abroad, and prepaid tuition plans, which allow prepayment of tuition at today's prices for the limited group of colleges (typically in-state public colleges) that participate in the plan. Grandparents can open a 529 account and name their grandchild as beneficiary (only one person can be listed as account owner, though), or they can contribute to an already established 529 account.

A big advantage of 529 plans is that under special rules, grandparents can make a joint lump-sum gift of up to $120,000 ($60,000 for individual gifts) to a 529 account and completely avoid federal gift tax, provided a special election is made to treat the gift as if it were made in equal installments over a five-year period and grandparents don't make any additional gifts to their grandchild during this time.

Significantly, this money is considered removed from the grandparents' estate, even though one grandparent can still retain control over the funds if he or she is the 529 account owner. But there are two things to keep in mind here: (1) if a grandparent contributes money, makes the special election, and then dies during the five-year period, a portion of the gift is recaptured into the estate for estate tax purposes; and (2) funds in a grandparent-owned 529 plan can still be factored in when determining Medicaid eligibility, unless these funds are specifically exempted by state law.

Of course, grandparents can contribute smaller, regular amounts to their grandchild's 529 account instead. Contributions grow tax deferred, and withdrawals used for college expenses are completely tax free at the federal level (and often at the state level).

Another interesting feature of 529 plans is that under current law, grandparent-owned 529 accounts are excluded by the federal government's financial aid formula--only parent-owned 529 plans count. So a grandparent-owned 529 plan won't impact a grandchild's chances of qualifying for aid (however, there's no guarantee this will be the rule in the future because Congress periodically tinkers with the financial aid rules).

Note: Investors should consider the investment objectives, risks, charges, and expenses associated with 529 plans before investing. More information about specific 529 plans is available in each issuer's official statement, which should be read carefully before investing.

Pay the college directly

Another excellent way for grandparents to help their grandchildren with college costs is to pay the college directly. Under federal law, tuition payments made directly to a college aren't considered taxable gifts, no matter how large the payment. But this is true only for tuition--room and board, books, fees, and the like don't qualify for this benefit. Aside from the obvious tax advantage, paying tuition directly to the college ensures that your money will be used for education. Plus, it removes the money from your estate.

For more information on any of these options, talk to a qualified financial professional.

Dollars and cents

The cost of tuition, fees, and room and board at Harvard University for the 2007/08 year is $45,620. (Source: Harvard Crimson, March 22, 2007) If your child entered the freshman class this September, that would translate into a total cost of $196,628 for four years (assuming a rather tame 5% annual rate of college inflation). And this doesn't include money for books, transportation, and personal expenses!

By comparison, the cost for the 2007/08 year at the University of North Carolina at Chapel Hill, a school widely regarded as a top-notch public college, is $28,684 for out-of-state students and $13,036 for in-state students. (Source: UNC Financial Aid Office) This equals a four-year cost of $123,632 for the out-of-state student and $56,187 for the in-state student (again, assuming a 5% rate of inflation). That's an out-of-pocket savings of $72,996 and $140,441, respectively, compared to the cost of Harvard.

The debt factor

The Ivies often note that, while their schools might be expensive, most students rarely pay the full sticker price. But even as Ivy League colleges dole out millions of dollars in need-based aid each year from their huge endowments, non-Ivy private schools and public colleges distribute more merit aid, which is aid awarded on the basis of good grades or some special talent. Up-to-date college guidebooks can tell you how generous each college is in helping its students meet annual costs, and the breakdown of loans vs. grants.

Still, you won't actually know what your child will receive in the way of "free" grant and scholarship money until he or she actually applies to a particular college. So you won't know for sure how much you or your child might need to borrow. But if your child does require student loans, here's an idea of what he or she will owe each month:

Note: Results are based on a standard 10-year repayment term and a fixed interest rate of 6.8%--the current rate on all new federal Stafford loans.

As you weigh the cost factor, keep in mind that a high amount of debt might impact your child's future major life decisions on job opportunities, living arrangements, graduate school, getting married, and/or starting a family.

What about the intangibles?

Putting aside cost, there are benefits to an Ivy education that can't be measured in nickels and dimes--the prestige of the name on your child's resume, strong mentoring that can lead to coveted jobs and graduate school spots after graduation, the opportunity to build friendships with future leaders, and an alumni network that can open doors throughout life.

But critics of the "Ivy-at-any-cost" group point to excessive competition at the Ivies. They claim that students are more likely to get individualized attention at other colleges, and note that as time goes on, achievement in the workplace will matter more than the name on your child's resume. Indeed, Warren Buffett, CEO of Berkshire Hathaway and graduate of the University of Nebraska-Lincoln, once stated: "I don't care where someone went to school, and that never caused me to hire anyone or buy a business." What counts most, some CEOs say, is a person's ability to seize opportunities. (Source: Wall Street Journal, Any College Will Do, September 18, 2006)

The bottom line

To decide if an Ivy League education is worth it, weigh the cost with the potential long-term economic and life experience benefits. But keep in mind that highly motivated students who are independent thinkers and hard workers will likely do well in life no matter where they attend college. The important thing is to make sure that the match between your child and the college is a good one.

Outright cash gifts

A common way to help with college costs is to make an outright gift of cash or securities. But this method has drawbacks. If you gift the money directly to your grandchild, he or she might spend it on something other than college. Second, a gift of more than the annual federal gift tax exclusion amount ($12,000 for individual gifts, $24,000 for joint gifts) might have gift tax and generation-skipping transfer tax (GSTT) consequences (GSTT is the tax imposed on gifts made to someone who is more than one generation below you).

Another drawback to outright gifts is that the gifts become assets of the student, and the federal government treats student assets more harshly than parent assets for financial aid purposes. Students must contribute 20% of their assets each year toward college costs, compared to 5.6% for parent assets.

529 plans

A 529 plan can be an excellent way for grandparents to contribute to a grandchild's college education while simultaneously paring down their own estate. There are two types of 529 plans: college savings plans, which are individual investment-type accounts whose funds can be used at any accredited college in the United States or abroad, and prepaid tuition plans, which allow prepayment of tuition at today's prices for the limited group of colleges (typically in-state public colleges) that participate in the plan. Grandparents can open a 529 account and name their grandchild as beneficiary (only one person can be listed as account owner, though), or they can contribute to an already established 529 account.

A big advantage of 529 plans is that under special rules, grandparents can make a joint lump-sum gift of up to $120,000 ($60,000 for individual gifts) to a 529 account and completely avoid federal gift tax, provided a special election is made to treat the gift as if it were made in equal installments over a five-year period and grandparents don't make any additional gifts to their grandchild during this time.

Significantly, this money is considered removed from the grandparents' estate, even though one grandparent can still retain control over the funds if he or she is the 529 account owner. But there are two things to keep in mind here: (1) if a grandparent contributes money, makes the special election, and then dies during the five-year period, a portion of the gift is recaptured into the estate for estate tax purposes; and (2) funds in a grandparent-owned 529 plan can still be factored in when determining Medicaid eligibility, unless these funds are specifically exempted by state law.

Of course, grandparents can contribute smaller, regular amounts to their grandchild's 529 account instead. Contributions grow tax deferred, and withdrawals used for college expenses are completely tax free at the federal level (and often at the state level).

Another interesting feature of 529 plans is that under current law, grandparent-owned 529 accounts are excluded by the federal government's financial aid formula--only parent-owned 529 plans count. So a grandparent-owned 529 plan won't impact a grandchild's chances of qualifying for aid (however, there's no guarantee this will be the rule in the future because Congress periodically tinkers with the financial aid rules).

Note: Investors should consider the investment objectives, risks, charges, and expenses associated with 529 plans before investing. More information about specific 529 plans is available in each issuer's official statement, which should be read carefully before investing.

Pay the college directly

Another excellent way for grandparents to help their grandchildren with college costs is to pay the college directly. Under federal law, tuition payments made directly to a college aren't considered taxable gifts, no matter how large the payment. But this is true only for tuition--room and board, books, fees, and the like don't qualify for this benefit. Aside from the obvious tax advantage, paying tuition directly to the college ensures that your money will be used for education. Plus, it removes the money from your estate.

For more information on any of these options, talk to a qualified financial professional.