Can I Withdraw Principal From 529 Without Penalty?
Understand the rules for taking a non-qualified 529 plan distribution. Learn how funds are allocated between contributions and earnings for tax purposes.
Understand the rules for taking a non-qualified 529 plan distribution. Learn how funds are allocated between contributions and earnings for tax purposes.
A 529 plan is a savings account designed for future education costs. Authorized under Section 529 of the Internal Revenue Code, these plans allow investments to grow and be withdrawn for specific educational expenses free from federal taxes. Many states also offer tax deductions or credits for contributions. This tax-advantaged treatment is a primary reason families use these plans to prepare for the cost of education.
Withdrawals from a 529 plan fall into two categories. The first is a “qualified withdrawal,” used for higher education expenses like tuition, fees, books, supplies, and certain room and board costs. Qualified withdrawals are free from federal income tax and, in most cases, state income tax.
Any distribution not used for these specific educational purposes is a “non-qualified withdrawal.” This could include using the money for transportation, a car, or personal spending money. While permitted, these withdrawals do not receive the same favorable tax treatment as qualified withdrawals.
It is not possible to withdraw only your original contributions, or principal, from a 529 plan to avoid taxes due to the IRS pro-rata rule. This rule states that every withdrawal is composed of a proportional mix of your contributions (the basis) and investment earnings. You cannot isolate contributions for a withdrawal.
For example, consider a 529 plan with a total value of $10,000, where $8,000 is contributions (80%) and $2,000 is earnings (20%). If you take a non-qualified withdrawal of $1,000, the pro-rata rule dictates its tax treatment. Based on the account’s composition, $800 of the withdrawal is considered a return of your principal and is not subject to tax or penalty.
The remaining $200 is considered earnings. This earnings portion is subject to ordinary income tax at the recipient’s federal tax rate, plus an additional 10% federal penalty. Some states may also levy their own income tax and penalties on the earnings.
While the earnings portion of a non-qualified withdrawal is always subject to ordinary income tax, the additional 10% federal penalty is waived in specific situations. If the plan’s beneficiary dies or becomes permanently disabled, non-qualified withdrawals are exempt from the 10% penalty.
Another exception allows penalty-free withdrawals up to the amount of certain educational benefits received, such as tax-free scholarships, veteran’s educational assistance, and employer-provided educational aid. The penalty is also waived for withdrawals if the beneficiary attends a U.S. military service academy. Even when these exceptions apply, the earnings portion of the withdrawal is still subject to ordinary income tax.
To take money out of a 529 plan, you must initiate the process with the plan administrator. You will need to complete a withdrawal request form, which can be done online or through a paper form. This form requires information such as the account owner’s details, the beneficiary’s name and Social Security number, the amount of the withdrawal, and disbursement instructions.
The plan administrator offers several methods for receiving the funds:
The choice of recipient has tax implications, as the person who receives the funds is responsible for any taxes owed on the earnings portion of a non-qualified withdrawal. After the tax year, the plan administrator will issue IRS Form 1099-Q. This form is sent to the person who received the distribution and reports the total gross distribution and the earnings portion. This document is used for preparing your federal income tax return and calculating any taxes or penalties owed.