A W E A L T H C O U N S E L C O M P A N Y Paying for College (Including What to Do with Over- Funded UGMAs/UTMAs) Jonathan A. Mintz, J.D. WealthCounsel.

A W E A L T H C O U N S E L C O M P A N Y A W E A L T H C O U N S E L C O M P A N Y

Paying for College(Including What to Do with Over-Funded UGMAs/UTMAs)

Jonathan A. Mintz, J.D.

WealthCounsel & The Advisors Forum

A W E A L T H C O U N S E L C O M P A N Y

Increasing Demand• Rising college costs• Clients have need of advisors knowledgeable

in educational savings techniques• Advisors have need of planning team

members knowledgeable in these techniques

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UTMA/UGMA ACCOUNTS

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Tax Considerations• Age of beneficiary• Income used to support or maintain the minor• Transfer to a minor under UGMA or UTMA• Death of custodian

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Other Considerations• Gifts to UGMA or UTMA• Beneficiary reaching age of majority• Types of assets

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Over Funded UTMA/UGMA Accounts• Donor/Custodian wishes to retain

custodianship as long as possible: Options?• Demand Right when the beneficiary reaches

majority• Conversion to a 529 Plan or Other Assets– FLP or FLLC interest?– Self-settled asset protection trust?

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QUALIFIED TUITION PROGRAMS (529 PLANS)

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Qualified Tuition Programs (529 Plans)• Prepaid Tuition Plans – state guarantees

tuition rates frozen at current rate for investor

• Savings Plans - essentially state-sponsored mutual funds

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Tax Considerations• Income Tax– Distributions Before January 1, 2002

• Contributions were not deductible

– Distributions After January 1, 2002• Withdrawals from QTPs are tax-exempt if used for QHEEs

– State Income Tax: Varies from state to state• Deduction for contributions• Taxation of distributions from out-of-state QTP

– Gift, Estate and GST Tax

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Other Considerations• Only cash (checks, money orders, credit cards,

and similar methods) contributions are permitted to be made to and accepted by a QTP

• Distributions tax-free only if for QHEEs– Includes tuition, fees, books, supplies, equipment,

and room and board while the student attends at least half of the prescribed course load.

– 2009-2010 only, also included purchase of computer technology or equipment

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Other Considerations– Who should you name as successor owner? From

SavingforCollege.com:

“If you do not like the idea of passing ownership along to another individual, you may wish to consider naming a trust as successor owner. You can control the future actions of the trustee through the terms of the trust, ensuring that the assets are used in the intended manner.”

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COVERDELL EDUCATION SAVINGS ACCOUNTS (ESAs)


Tax Considerations• Funds to be used for qualified education

expenses• Contributions constitute a completed gift• Funds are includible in the beneficiary’s estate

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Other Considerations• Cash-only contributions• Beneficiary’s parent or legal guardian controls

the account until the beneficiary attains the age of majority

• Change of beneficiary varies by plan• Can be used for elementary and secondary

school expenses

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2503(C) MINOR’S TRUSTS


Tax Considerations• Gift tax annual exclusion• Contributions of up to $13,000 not subject to

gift tax

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Other Considerations• Continuing a minor’s trust after the

beneficiary reaches majority• Beneficiary must have a reasonable period of

time after attaining 21 to withdraw all of the trust principal and undistributed income

• The trust should grant the minor a testamentary general power of appointment to avoid inclusion in parent trust maker’s estate, if beneficiary were to die

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DEMAND TRUSTS


Tax Considerations

• Immediately notify custodian of transfers to the trust• $13,000 per year (in 2012) allowed free of gift and

GST tax• Assets removed from trust maker’s estate• Beneficiary of a demand right trust is the trust’s

owner• For a grantor trust, the trust maker is the trust’s

owner

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Other Considerations• Notices of gifts to trust• Control over beneficiary’s use of property

during lifetime and disposition upon death

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LIFE INSURANCE


Tax Considerations• Withdrawals from a cash value life insurance

policy (other than a MEC) are not subject to income tax until the cumulative withdrawals exceed the cost basis

• Policy loans from cash value life insurance policies may be used to avoid current income tax on cash distributions in excess of cost basis

• If the policy continues until death, the income-tax-free death benefit will repay any policy loans

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Other Considerations• Premature death of policy holder• Universal life and variable universal life

policies are best suited for cash value distributions

• Strongly consider ownership by an ILIT– i.e., Demand Trust

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DIRECT PAYMENTS TO AN EDUCATIONAL INSTITUTION


Considerations• Contribute directly to educational institution• Not subject to gift, estate, or GST tax• Donor should make contributions to the

school while the child is presently enrolled• Make agreement with institution to pay future

tuition increases• Should be non-refundable

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HEETS (Health & Education Exclusion Trusts)


Tax Considerations• Relatively new concept• Trust designed to take advantage of gift and

GSTT exclusions for direct payments to education institutions and medical providers

• Properly drafted, trust will not be subject to GST tax – ever

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Other Considerations• Should be established in a state that permits

dynasty trusts • Requires a charitable beneficiary that has a

significant interest that is not separate from the non-charitable beneficiaries’ interests– E.g., Give trustee discretionary distribution rights

of principal and income to the charity – With a minimum “floor” distribution

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U.S. SAVINGS BONDS (SERIES EE)


Tax Considerations• Interest earnings exempt from state and local

income taxes• Bonds issued in 1990 or later are exempt from

federal income tax• Bonds held after the maturity date earn

interest semiannually• Owner must report income at maturity

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Other Considerations• Bonds may be redeemed after 6 months• Bonds are nontranferrable and payable only

to owner

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CREDITS AND DEDUCTIONS


American Opportunity Tax Credit• Max. tax credit of $2500/yr. for up to four

years of post-secondary education expenses• Increased income level limits over Hope Credit– Available to those whose modified AGI is

$80,000 or less, or $160,000 or less for married couples filing a jointly

– Phases out for higher income levels

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Lifetime Learning Credit• Credit for 20% of up to $10,000 in combined

tuition and mandatory fees • Cannot claim Hope Credit and Lifetime

Learning Credit in same tax year

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Tuition and Fees• Deduction for up to $4,000 of college tuition

and related expenses • Cannot be claimed if Hope or Lifetime

Learning Credits are claimed in same tax year• (MAGI) must not be more than $80,000

($160,000 if filing a jointly).

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Deduction for Student Loan Interest• Deduction for up to $2500 of student loan

interest for college expenses• MAGI must be less than $75,000 ($150,000

if filing a jointly)

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Tax-free Scholarships• Most scholarships and grants are tax-free if

the recipient does not have to provide services in exchange for the award

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Student Aid• Free Application for Federal Student Aid

(FAFSA) http://www.fafsa.ed.gov/– 12% of the parent’s assets (special rules

determine this amount for financial aid purposes) and 20% of the child’s assets are deemed available for education

• College Parents of America (www.collegeparents.org)

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THANK YOU

A W E A L T H C O U N S E L C O M P A N Y Paying for College (Including What to Do with Over- Funded UGMAs/UTMAs) Jonathan A. Mintz, J.D. WealthCounsel.

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