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Tax Benefits

Program Features | Investment Options | Tax Benefits | Frequently Asked Questions

New York's 529 College Savings Program Direct Plan offers numerous tax incentives that make it a very attractive way to save money for college for a child, grandchild, friend, or other relative. A full discussion of the federal and New York State tax treatment of contributions and withdrawals is included in the Program Brochure and Tuition Savings Agreement.

  • Federal income tax benefits. Your assets grow tax-deferred, and withdrawals are exempt from federal income tax, as long as they're used for qualified higher education expenses.*


  • State income tax benefits. You will be eligible for a deduction from New York State taxable income of up to $5,000 ($10,000 for married couples filing jointly) for your contributions to your account if you are a New York State taxpayer. If you are a resident or taxpayer of another state, you should consider whether that state offers a 529 plan with tax advantages or other benefits that are not available through this Program. (Note that deductions are subject to recapture upon withdrawal from the Program other than to pay qualified higher education expenses or in respect of the death or disability of the beneficiary.)** Note: Only you as the account owner may take advantage of the tax deduction for your contributions.


  • Gift tax incentive. Generally, if your contributions to an account for a beneficiary together with all other gifts by you to the beneficiary, including contributions to all non-Program 529 plans for the beneficiary, do not exceed the federal annual exclusion amount of $12,000 per year ($24,000 if you are married and elect to split gifts with your spouse), such contributions will not be subject to the federal gift tax or generation-skipping transfer tax. If this annual exclusion amount is exceeded, a contributor may elect to apply the contribution against the annual exclusion equally over a five-year period while filing a gift tax return for the year in which the gift was made. This option is applicable only for contributions up to five times the available annual exclusion amount in the year of the contribution. For example, for 2006, the maximum contribution that may be made using this rule would be $60,000 (or $120,000 for spouses electing to split gifts). You should consult a qualified tax advisor.***
Before opening an account, you should also note the following:
  • Not deductible for Federal income tax purposes. Contributions to a 529 college savings plan are not deductible for federal income tax purposes.


  • Rollover penalty. A rollover of assets from your account in the Program to a qualified education savings program in another state is subject to New York State income tax on earnings, as well as the recapture of all previous New York State tax deductions made during the life of the account.
For more information about the tax benefits of New York's 529 College Savings Program Direct Plan, see the Program Brochure and Tuition Savings Agreement.

Note: The Program does not give individual tax advice. The applicable federal, state, and local tax rules are complex, certain of the rules are at present uncertain and their application to any particular person may vary according to the facts and circumstances specific to that person. You should consult a qualified tax advisor.

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*Earnings on non-qualified withdrawals may be subject to federal income tax and a 10% federal penalty tax, as well as state and local income taxes. The availability of tax or other benefits may be contingent on meeting other requirements.

**Contributions to the Direct Plan in a tax year are deductible from New York state income tax, subject to recapture in subsequent years in which a rollover out to another state's 529 plan is made or a withdrawal from an Account is subsequently redeposited by the Account Owner into a Program Account.

***The information provided is not intended to constitute, nor does it constitute, legal or tax advice. This content was developed to support the marketing of the Direct Plan and cannot be relied upon for purposes of avoiding the payment of federal tax penalties. You should consult your legal or tax advisor about the impact of these rules on your individual situation.

Before you invest, consider whether your or the designated beneficiary's home state offers any state tax or other benefits that are only available for investments in such state's qualified tuition program.

The Comptroller of the State of New York and the New York State Higher Education Services Corporation are the Program Administrators and are responsible for implementing and administering the Direct Plan. Upromise Investments, Inc. and Upromise Investment Advisors, LLC serve as Program Manager and Recordkeeping and Servicing Agent, respectively, and are responsible for day-to-day operations, including effecting transactions. The Vanguard Group serves as the Investment Manager. Vanguard Marketing Corporation markets, distributes and underwrites the Direct Plan.

No guarantee: None of the State of New York, its agencies, the Federal Deposit Insurance Corporation (FDIC), The Vanguard Group, Upromise Investments, Inc., nor any of their applicable affiliates insures accounts or guarantees the principal deposited therein or any investment returns on any account or investment portfolio.

New York's 529 College Savings Program currently includes two separate 529 plans. The Direct Plan is sold directly by the Program. You may also participate in the Advisor Plan, which is sold exclusively through financial advisors and has different investment options and higher fees and expenses as well as financial advisor compensation.

Upromise is a trademark of Upromise, Inc. Vanguard and the ship logo are trademarks of The Vanguard Group, Inc.

For more information about New York's 529 College Savings Program Direct Plan, download a Program Brochure and Tuition Savings Agreement or request one by calling 1-877-NYSAVES. This document includes investment objectives, risks, charges, expenses, and other information. You should read and consider them carefully before investing.


© 2008 State of New York