Alaska has joined more than 32 other states which have enacted
qualified state tuition programs. Alaska's plan is available
to residents and nonresidents alike, and adds special asset
protection features, discussed below.
Qualified
state tuition programs are authorized by I.R.C. §529. A participant
will contribute cash to the plan for the benefit of a member
of the participant's family. For purposes of the annual exclusion
(presently $10,000), a participant may elect to take the contribution
into account ratably over a five-year period. Therefore, a
participant may make a current $50,000 contribution, and in
effect use in advance the participant's next four years of
annual exclusion amounts. Many programs have a maximum contribution
limit which appears to be keyed to an approximation of tuition
and expenses for an undergraduate education.
The participant's
contributions to the program are free of Federal Gift Tax
and Generation-Skipping Transfer Tax. Further, if the participant
lives for five years, none of the contributed assets will
be included in the participant's gross estate for Federal
Estate Tax purposes. During the time that the funds are in
the contributed account, they grow income tax-free. At the
appropriate time, amounts from the account will be distributed
to the beneficiary for tuition and education expenses. The
income portion of these distributions is taxed to the beneficiary
pursuant to I.R.C. §72(b). Proposed federal legislation would
eliminate this income taxation entirely.
The participant
may change the beneficiary to another family member at any
time, without penalty. The participant does retain the ability
to withdraw the funds placed in the account, but the earnings
portion of the withdrawn funds will be taxed at the participant's
tax rates and will be subject to a penalty of at least 10%
of the earnings. Most plans allow the beneficiaries to attend
any educational institution. Contributions to a plan must
be in cash. Most states contract with investment advisors
for management of the contributed funds. The participant may
select among various investment options, but may not have
any control over actual investment of the funds.
A qualified
state tuition program is an attractive estate planning arrangement.
The donor-participant may remove the contributed funds from
his or her gross estate, yet retain the ability to choose
the beneficiary among family members. Unlike funds contributed
to a child's or grandchild's trust, funds contributed to the
plan grow income tax-free. Annual exclusion contributions
for the next five years may be made during the current year.
When distributions are made to the student-beneficiary, they
are taxed at the beneficiary's rates (or maybe not at all
if proposed legislation is passed).
Alaska
has added asset protection to the above-described benefits.
An account is exempt from a claim by the creditors of a participant
or of a beneficiary, and is conclusively presumed to be a
spendthrift trust. The statute further states that the account
is "not an asset or property" of either the participant or
the beneficiary, and may not be assigned, pledged, or otherwise
used to secure a loan or other advancement. The account is
not subject to involuntary transfer or alienation.
The Board
of Regents of the University of Alaska is given the authority
to administer the plan. At a future date, the Board will select
and contract with an investment manager. The Board will establish
limitations relating to maximum and annual contributions,
the penalty for a non-qualified withdrawal, and similar plan
matters.
Alaska's
new act was enacted by Senate Bill 186, and is effective March
16, 2000.
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