More on Contributions to
Coverdell Accounts
Rules for contributions to a Coverdell education savings account.
(Continued)
529 Plan Contributions in
the Same Year
At one time, a penalty would apply if there were contributions to a 529
plan and a Coverdell account for the same beneficiary in the same year. That
restriction disappeared in 2002. As a result, you don't have to give up the
Coverdell account if you're saving more than $2,000. For example, if you're
saving $5,000, you can put $2,000 in a Coverdell account and $3,000 in a 529
plan.
Retirement Savings in the
Same Year
Contributions to a Coverdell account have no effect on the amount you can
contribute to an IRA, 401k plan or other retirement account.
Excess Contributions
What if you contribute too much to a Coverdell account? This can happen
various ways:
- You forget you already contributed to a Coverdell account for this
beneficiary, and make another contribution, perhaps to a different
account, for the same person.
- You make a contribution after the beneficiary turns 18.
- You make your contribution and later find that your income for the
year is higher than you expected, so the amount you're allowed to put in
the Coverdell account turns out to be smaller than your actual
contribution.
- Two relatives each make contributions to Coverdell accounts for the
same student without consulting each other. Remember, anyone can
contribute to a Coverdell account, but the $2,000 limit applies to all
contributions by all people for any one beneficiary for any one year.
Unless there is a timely corrective distribution, a 6% penalty tax
applies to the excess contribution. What's more, the 6% penalty applies to
the same excess every year until it's withdrawn from the Coverdell account
(or treated as withdrawn as explained below).
Example: In a
year when you're permitted to contribute $500 to a Coverdell account you
contribute $1,500, and there is no corrective distribution. There's
an excess of $1,000, so a $60 penalty applies. If the $1,000 excess isn't
removed by the end of the next year, another $60 penalty applies. The
penalty applies over and over to the same $1,000 until the excess is
corrected.
| This is where the rules become downright
unfathomable. The penalty is imposed on the beneficiary of the
account (generally a minor), not on the person or persons actually
responsible for the excess. The penalty is reported on the minor's
income tax return, using Form 5329. In theory, the minor is supposed
to know whether the person who contributed to the account had too
much income to make the contribution. This makes no sense at all,
but it's the way the rules work. |
Corrective Distributions
For the year of the excess contribution, you're allowed to avoid the penalty
by pulling the excess out of the Coverdell account, together with any
earnings on that amount, by June 1 of the year after the year of the excess
contribution. Any earnings withdrawn as part of a corrective distribution
are taxable in the year of the excess contribution, even if the
distribution occurs in the following year.
It appears that this withdrawal is to be treated as a
distribution to the beneficiary, and any income that must be
reported should appear on the beneficiary's income tax return.
Later Corrections
If you don't take a corrective distribution as described above, you should
still correct the excess as soon as possible because the 6% penalty tax
applies every year until you do so. For later corrections you have to take
the money out by the end of the year (you don't get until the following
April 15). You don't have to withdraw the earnings in this case, however.
You simply withdraw the amount of the excess. Also, you can be treated as if
you made a withdrawal if you contribute less than the maximum amount to the
Coverdell account in the later year.
Example: You
made an excess contribution of $500 in 2002 and failed to take a
corrective distribution. The 6% penalty tax applied for 2002. For 2003 you
were eligible to contribute $2,000 to the Coverdell account but you
contributed only $1,500. You contributed $500 less than the maximum, so
you're treated as if you withdrew the $500 excess from the previous year.
The excess is eliminated, so there will be no penalty for 2003.
Reporting Excess
Contributions
IRS forms and
publications indicate that any taxes or penalties resulting from excess
contributions go on the tax return of the beneficiary, not the person who
made the excess contribution. If the excess contribution wasn't corrected,
the beneficiary will have to attach Form 5329 to his or her Form 1040 for
the year (even if the beneficiary is an infant!) and pay the 6% penalty tax.
If there was a corrective distribution with earnings, the beneficiary has to
report and pay tax on those earnings.
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