Many parents (and grandparents) are interested in accumulating funds for the future college education of their children. Often the parents are interested in having the earnings on the funds taxed to their children at lower income tax rates, but at the same time do not wish to give up control over the use of the funds. Custodial accounts are sometimes used, but in most states a child must be given access to such funds at age 18 years. This requirement causes concern for parents who believe that 18 year olds might not wisely use the custodial account funds. The College Education Trust document is a special trust that meets the requirements of Section 2503(c) of the Internal Revenue Code. Gifts to the trust for the benefit of a child are not subject to federal gift and estate taxes if the gifts are less than $10,000 per year. The income from the funds is either taxed to the trust (if no distributions are made from the trust) or to the child (if distributions are made to the child). Often the income will be taxed at lower tax rates than the rates of the parents. At the same time, the parents can use the trust to maintain some control over the use of the funds. Further, unlike a custodial account arrangement, there are no restrictions on the types of assets that can be transferred into the 2503(c) trust. There are certain requirements for the "Section 2503(c) trust" as follows:
- The assets of the trust must be available for distribution to the child while the child is under the age of 21 years. See The Trust's Beneficiary topic for more information.
- The assets of the trust must be distributed to the child when the child attains age 21 years. See The Trust's Beneficiary topic for more information. See also Continuation of the Trust topic for information about continuing the Trust beyond age 21 years.
- If the child dies before reaching age 21 years, the trust assets must be distributed either to the child's estate or to beneficiaries that the child designates in the child's will or other written document. See the Alternate Distribution If the Beneficiary Dies topic for more information.
The College Education Trust is most effective when used to accumulate $30,000 to $120,000, with the funds used primarily for educational expenses. This type of trust is not the most effective trust if accumulating substantial funds beyond college expenses is an important objective. |