How does investing in a 529 plan affect federal and state income taxes?

Investing in a 529 plan may offer college savers special tax benefits. Earnings in 529 plans are not subject to federal tax, and in most cases, state tax, so long as you use withdrawals for eligible college expenses, such as tuition and room and board.  The federal tax breaks were originally scheduled to expire in 2010, but in August 2006, Congress enacted legislation to make the tax breaks permanent.

Remember that the tax breaks are only available is you use the funds for eligible college expenses.  If you withdraw money from a 529 plan and do not use it on an eligible college expense, you generally will be subject to income tax and an additional 10% federal tax penalty on earnings. Many states offer state income tax or other benefits, such as matching grants, for investing in a 529 plan. But you may only be eligible for these benefits if you participate in a 529 plan sponsored by your state of residence. Just a few states allow residents to deduct contributions to any  529 plan from state income tax returns. For example, both Kansas and Pennsylvania recently passed laws allowing residents to take a state tax deduction for contributions to any state’s 529 plan.

If you receive state tax benefits for investing in a 529 plan, make sure you review your plan’s offering circular before you complete a transaction, such as rolling money out of your home state’s plan into another state’s plan. Some transactions may have state tax consequences for residents of certain states.