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Understanding 529 Plans vs. Direct Tuition Payments: Smart Strategies for Education Funding

As families plan for education expenses, two powerful tools often come into play: 529 savings plans and direct tuition payments. Each offers tax advantages and strategic benefits, especially when used in coordination with broader estate planning goals.

529 Plans: Tax-Advantaged Growth and Flexibility

A 529 plan is a tax-advantaged savings account designed to encourage saving for future education costs. Contributions are made with after-tax dollars, but earnings grow tax-free and withdrawals are also tax-free when used for qualified education expenses such as tuition, fees, books, and room and board.

Many states offer tax deductions or credits for contributions, and account owners maintain control over the funds. These plans can be front-loaded with up to five years’ worth of gifts—$95,000 per beneficiary in 2025 for individuals, or $190,000 for married couples—without triggering the federal gift tax, assuming no other gifts are made to that beneficiary during the five-year period. This makes 529 plans a popular tool for grandparents and other family members looking to reduce their taxable estate while supporting a loved one’s education.

Creating a 529 Plan: Strategic Rationale for a Married Couple in Their 40s with Two Young Children

For a married couple in their 40s with two minor children, opening 529 plans now is a smart, forward-thinking move that combines tax benefits, investment growth, and estate planning advantages.

  1. Long-Term, Tax-Free Growth
    Starting early gives their investments more time to grow. Earnings in a 529 plan accumulate tax-free, and withdrawals are also tax-free when used for qualified education expenses. With a 15–20-year time horizon, even modest contributions can compound significantly.
  2. State Tax Incentives
    Depending on their state of residence, the couple may benefit from state income tax deductions or credits for contributions made to their 529 plans, reducing their current tax liability.
  3. Control and Flexibility
    The couple retains control over the funds as account owners. If one child doesn’t use all their 529 savings, funds can be transferred to the other child or even a future grandchild without penalty.
  4. Keeping Pace with Rising Education Costs
    Tuition inflation continues to outpace general inflation. By starting early, the couple can better manage these rising costs and potentially avoid taking on education-related debt later.

Paying Tuition Directly: An Estate Planning Loophole

Less commonly known, but equally valuable, is the strategy of paying tuition directly to an educational institution. Under Section 2503(e) of the Internal Revenue Code, tuition payments made directly to a qualifying educational organization are not considered taxable gifts and do not count against the annual gift tax exclusion or lifetime gift and estate tax exemption.

IRC §2503(e): A Powerful Estate Planning Tool

IRC §2503(e) allows individuals to pay tuition or medical expenses directly to providers without those payments being treated as taxable gifts. This provision bypasses both the annual gift tax exclusion and the lifetime estate and gift tax exemption, offering a strategic way to transfer wealth tax-free. Crucially, payments must go directly to the institution—not to the beneficiary. It applies only to tuition (not related expenses like books or room and board) or qualifying medical costs. This makes §2503(e) a valuable technique for high-net-worth individuals looking to reduce their taxable estates while supporting loved ones.

This provision can be particularly useful for individuals with significant wealth who are seeking ways to reduce their taxable estate. Unlike 529 plans, direct tuition payments must be made to the school, not to the student or their family. Importantly, this method only applies to tuition—not room, board, books, or other fees.

Applying IRC §2503(e) to a 70-Year-Old Grandmother's Estate Plan

A 70-year-old grandmother can use IRC §2503(e) as a highly effective estate planning strategy by paying her grandchildren’s tuition directly to their schools. These payments are not considered taxable gifts and do not count against her $19,000 annual gift exclusion (2025) or her lifetime estate and gift tax exemption.

For example, if she pays $50,000 per year in tuition directly to a university for each of two grandchildren, she can transfer $100,000 out of her estate annually—completely gift-tax free. This strategy preserves her lifetime exemption while reducing her taxable estate and supporting her family’s education goals.

Which Strategy is Right for You?

Both options can play a valuable role in a comprehensive education funding strategy. 529 plans offer long-term growth and flexibility, while direct tuition payments provide an immediate estate planning benefit without affecting lifetime exemption limits. Families often use both in tandem—using 529 plans for general expenses and direct payments for tuition to maximize tax benefits.

As education costs continue to rise, thoughtful planning using these tools can help ease the financial burden and support future generations without sacrificing smart tax strategy. Consulting with a financial advisor or estate planning professional is the best way to tailor these options to your unique circumstances.

Don’t wait to make a smart investment in your children’s (or grandchildren’s) future.

For Informational Purposes only and not for legal or tax advice.

 

About the Author – Marie Feindt, JD 

Marie Feindt is the Planning Specialist – Estate Attorney at Members’ Wealth, a boutique wealth management firm that offers a comprehensive and holistic approach to serving individuals, families, business owners, and institutions. The firm’s goal is to preserve and grow its clients’ wealth to endure over time, while thoughtfully evolving its strategy to suit an ever-changing world. With over 20 years of estate planning experience, Marie and the Members’ Wealth team thrive on bringing clarity and confidence to clients’ unique situations. She believes everyone, young adults and older, need the essential documents to conserve and preserve and transfer assets accumulated during lifetime to the next generation.

Marie received her JD from Widener University School of Law, her bachelor’s degree from Penn State University, University Park and is currently enrolled in the Villanova University Charles Widger School of Law Graduate Tax Program.

Marie is an Adjunct Faculty at the Villanova University College of Professional Studies Paralegal Professional Certificate Program where she teaches Estates & Trusts and Civil Procedure & Litigation and Torts & Personal Injury Law.

Marie volunteers for a monthly legal clinic at The Salvation Army in Chester, PA facilitated by the Christian Legal Clinic of Philadelphia. She has served on the Women’s Commission of Delaware County and as a Board Member for the Delaware County Literacy Council.

Marie enjoys biking, reading, yoga and walking in her free time with her husband and three children.

To get in touch with the Members’ Wealth team today, I invite you to email info@memberswealthllc.com or call (267) 367-5453. 

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