Section 263. Estate and Gift Tax Returns›3.12.263 Estate and Gift Tax Returns›Reminder:
Section 529(c)(2)(B) Returns (Qualified State Tuition Programs) - Form 709, United…
Internal Revenue Manual Part 3. Submission Processing · 2026-10-03 edition · updated 2026-10-04 · United States
Taxpayers are allowed a contribution to a qualified state tuition plan on behalf of a designated beneficiary. If the taxpayer’s total contributions to a qualified state tuition program on behalf of any individual beneficiary exceed $19,000 (for 2025), $18,000 (for 2024) $17,000 (for 2023), then for purposes of the annual exclusion the taxpayer may elect under Section 529(c)(2)(B) to treat up to $95,000 beginning 2025, $90,000 beginning 2024 $85,000 beginning in 2023($80,000 in 2022)of their total contributions as having been made ratably over a five-year period beginning in 2021 for tax year 2025 and 2020 for tax year 2024. (These are considered gifts of a present interest.)
The taxpayer must report the entire amount of the contribution in excess of $95,000 for 2025, $90,000 for 2024, $85,000 for tax year 2023 and $80,000 for tax year 2022.
The taxpayer makes the election by checking the box B at the top of Schedule A. The election must be made for the calendar year in which the contribution is made.
The taxpayer must also attach an explanation that includes the following: (1) the total amount contributed per individual beneficiary; (2) the amount for which the election is being made and, (3) the name of the individual for whom the contribution was made.
If the taxpayer makes this election, they are to report only 1/5 (20 percent) of their total contribution(s) (up to $95,000 for 2025(, (up to $90,000) on the tax year 2024 Form 709. They must then report an additional 20 percent of the total in each of the succeeding four years, unless they are NOT required to file Form 709 other than to report that year’s portion of the election.
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