529 Plan

Definition:

A 529 Plan is a **tax-advantaged savings plan** designed to help families save for future education expenses. Established under **Internal Revenue Code Section 529**, these plans allow contributions to grow tax-free, and withdrawals used for qualified education expenses are also exempt from federal income tax.

Legal Glossary

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529 Plan Information

529 Plans come in two main types: **college savings plans** and **prepaid tuition plans**.
– **College savings plans** function like investment accounts, where funds can be used for tuition, room and board, books, and other qualified expenses at eligible institutions.
– **Prepaid tuition plans** allow account holders to lock in current tuition rates for future attendance at specific colleges or universities.

Contributions to a 529 Plan are made with after-tax dollars, but many states offer tax deductions or credits for contributions. Earnings grow tax-deferred, and withdrawals for qualified education expenses—including K–12 tuition (up to $10,000 annually per student), college, vocational schools, and certain apprenticeship programs—are tax-free. Funds can also be rolled over into a **Roth IRA** or **ABLE account** under specific conditions.

Florida Legal Definition

In Florida, the **Florida Prepaid College Program** and the **Florida 529 Savings Plan** are administered by the **Florida Prepaid College Board** under **Chapter 1009, Florida Statutes**.
Florida’s 529 Plans are among the most flexible and stable in the nation. The **Florida 529 Savings Plan** allows families to invest for a child’s future education expenses with tax-free growth and withdrawals. The **Florida Prepaid College Plan** enables families to prepay future tuition and fees at today’s rates for use at Florida public colleges or universities.
Because Florida has no state income tax, there is no state deduction for contributions—but all federal tax advantages fully apply.

How It’s Used in Practice

In practice, parents, grandparents, and guardians open 529 Plans to accumulate funds for a beneficiary’s education. Financial advisors often recommend 529 Plans for their flexibility, tax benefits, and high contribution limits (often exceeding $300,000 per beneficiary).
Funds can be used at eligible schools nationwide, and unused funds may be transferred to another family member or rolled over under certain IRS rules. 529 Plans are frequently used as estate planning tools, allowing contributors to make large, tax-efficient gifts while maintaining control over the assets.

Key Takeaways

  • A 529 Plan is a tax-advantaged savings program for education expenses under Section 529 of the Internal Revenue Code.
  • Earnings and withdrawals for qualified expenses are exempt from federal income tax.
  • Florida offers two options: the Florida Prepaid College Plan and the Florida 529 Savings Plan.
  • There is no state income tax deduction in Florida, but full federal tax benefits apply.
  • Funds can be used for K–12, college, vocational, and certain apprenticeship programs.
  • Unused funds may be transferred or rolled over to other qualified accounts or beneficiaries.

Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron & Shea, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.

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