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Topic: 529 Accounts  (Read 3237 times)

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529 Accounts
« on: November 03, 2015, 10:37:25 PM »
Hiya - I'm a US born Dual citizen, resident in the UK for 12 years.

I have two dual citizen children, and am thinking about setting up US 529 accounts for them to take advantage of tax-advantageous status. 

I can't find any accounts that allow non-US residents to setup.

Is my only option to have US Resident Grandparent or Aunt set-up the account?  And if this is the case, I'm assuming HMRC wouldn't be interested in this account at all.  What happens in 15 years when UK-resident children start withdrawing this money?  Do they have to pay UK tax on it, thus reducing the tax-advantageous reason for setting up in the first place?

thanks!!
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Re: 529 Accounts
« Reply #1 on: November 04, 2015, 08:59:38 AM »
You could ask the 529 plan for a legal opinion on the UK tax consequences on the settlement, on annual income, if the beneficiaries leave the UK and if any gains are realised within the plan. If the plan administrator cannot assist, it would be prudent to seek a UK tax lawyer's opinion on the UK consequences.


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Re: 529 Accounts
« Reply #2 on: November 04, 2015, 01:35:45 PM »
You could ask the 529 plan for a legal opinion on the UK tax consequences on the settlement, on annual income, if the beneficiaries leave the UK and if any gains are realised within the plan. If the plan administrator cannot assist, it would be prudent to seek a UK tax lawyer's opinion on the UK consequences.

I don't think you'll get any joy from 529 plan administrators if you ask about UK taxation.


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Re: 529 Accounts
« Reply #3 on: November 04, 2015, 01:58:18 PM »
Hiya - I'm a US born Dual citizen, resident in the UK for 12 years.

I have two dual citizen children, and am thinking about setting up US 529 accounts for them to take advantage of tax-advantageous status. 

I see no reason why the US tax advantages of a 529 plan would be recognized by HMRC. My best guess is that if you could open one (probably very difficult as a UK resident) you'd pay UK tax on any dividends or gains  and you'd have to be careful to avoid non-reporting funds.

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Is my only option to have US Resident Grandparent or Aunt set-up the account? 

That's an option, but there is an easier solution. What about a Junior ISA or just a regular investment account for your children. The UK has generous tax free capital gain and dividend allowances and it's rare for children to pay tax on their accounts.

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And if this is the case, I'm assuming HMRC wouldn't be interested in this account at all.

Yes that's right....no UK tax issues for a 529 plan owned by a US resident while the account is growing.

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What happens in 15 years when UK-resident children start withdrawing this money?  Do they have to pay UK tax on it, thus reducing the tax-advantageous reason for setting up in the first place?

thanks!!

I would get a non-UK tax resident custodian to make the withdrawal and give the money to your children. I don't think there is any UK tax issue here. As far as HMRC is concerned money from the 529 is a gift and the UK does not charge gift tax to the person that gets the money. The US custodian also has no US tax issue as long as the money is used to pay for an approved college....most UK colleges are approved, but double check that when the time comes.

If a US resident wants to fund a 529 plan for your children that's great. If you want to save for their college use a UK account like a junior ISA or open an investmenst account in their name.
« Last Edit: November 04, 2015, 02:10:18 PM by nun »


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Re: 529 Accounts
« Reply #4 on: November 04, 2015, 03:18:53 PM »
UK tax issues may arise when a 529 plan is opened if the 529 plan is considered a foreign trust under UK law. If it is a trust pretending that a withdrawal is a gift would not be prudent.

It may - practically - be tough to get a 529 plan invested in UK reporting funds.


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Re: 529 Accounts
« Reply #5 on: November 04, 2015, 10:25:03 PM »
UK tax issues may arise when a 529 plan is opened if the 529 plan is considered a foreign trust under UK law. If it is a trust pretending that a withdrawal is a gift would not be prudent.

It may - practically - be tough to get a 529 plan invested in UK reporting funds.

Doing a 529 as a UK resident is silly IMHO, but if a US resident opens the 529 plan and then takes the money out for educational purposes and gives it to a UK resident I see no tax issues. The 529 distribution can be made directly to the UK college as well and I don't see any US or UK tax issues there either, as long as the UK college is federally recognized there is no US tax due and HMRC has no jurisdiction.

The Junior ISA has no UK tax issues, but there might be US tax issues if the child is a US citizen. I would open a Junior ISA with a platform (like H&L) where you can buy US registered ETFs that are also UK reporting...ie Vanguard ETFs. Or just do a cash ISA, there are some paying over 3% interest. Inside an Junior ISA there are no UK tax issues and probably no US tax due either given US personal allowances....although reporting might be required.
« Last Edit: November 05, 2015, 05:49:02 AM by nun »


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Re: 529 Accounts
« Reply #6 on: November 25, 2015, 04:51:00 PM »
Be careful with 529s as a UK resident.

Strike 1 - The 529 may be an offshore trust in the HMRC's eyes - as mentioned previously - opening a world of pain for ongoing UK taxation for you and the child.

Strike 2 - Also, in my experience, there are few or no reporting funds in 529 plan options -as mentioned.

Strike 3 - receiving benefit in kind (tuition payment) from an offshore trust while a UK tax resident (which child may be in first year or two of college) may incur an HMRC tax charge for the 18 year old.

Strike 4 - (if there needed to be a 4th strike to be out) - 529 plans can be expensive and not as efficient as you think.  The investment options can be pricey and there is an extra 0.30-0.50% charge for the state sponsoring the plan.

They are best thought of as tools for good behavioural finance (i.e., it makes you save every month/year) and as gift buckets for US resident grandparents to contribute to.

I would offer that it is best avoiding 529s for households that are UK tax resident  - just open a normal investment account.


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Re: 529 Accounts
« Reply #7 on: November 25, 2015, 06:32:20 PM »

Strike 3 - receiving benefit in kind (tuition payment) from an offshore trust while a UK tax resident (which child may be in first year or two of college) may incur an HMRC tax charge for the 18 year old.


The UK resident child would be the designated beneficiary and the 529 would be a non-resident trust. If the trustee in a US resident there would be no issues until the child got the income. Then there might be some UK income tax to pay, still all pretty simple.


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Re: 529 Accounts
« Reply #8 on: November 26, 2015, 09:45:21 AM »
The UK resident child would be the designated beneficiary and the 529 would be a non-resident trust. If the trustee in a US resident there would be no issues until the child got the income. Then there might be some UK income tax to pay, still all pretty simple.

Agree - though it is tough to have a US resident trustee for some of us.

My only point is that they are not as efficient as they appear at first glance.  I prefer to just have a separate investment account and mentally earmark it for tuition.


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Re: 529 Accounts
« Reply #9 on: November 26, 2015, 02:13:11 PM »
Agree - though it is tough to have a US resident trustee for some of us.

My only point is that they are not as efficient as they appear at first glance.  I prefer to just have a separate investment account and mentally earmark it for tuition.

Of course that has complications when held by a US citizen living in the UK.


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Re: 529 Accounts
« Reply #10 on: December 01, 2015, 03:43:52 AM »


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