Andrew (3:52)
Okay, let's talk about 529s. I guess I haven't spent a lot of time talking about spending them down. I'm actually spending down a lot of 529s. I think I'm spending down eight 529s right now. As you may or may not be aware, Katie and I have established 529s for all of our nieces and nephews as well as our children. So we now have two kids in college and a number of their cousins as well in college. We've got only two so far out of college. One spent their whole 529, one did not. So we've got a fair amount of experience in spending from 529,000s. Here's the way our process works. When the kid has an expense that's 529 eligible, and I have to educate each of them about what 529 eligible expenses are. A lot of them try to send me transportation expenses, for example. Nope, not eligible. The most recent one was a deposit on an apartment, the deposit is not a 529 eligible expense. The rent is, but the deposit is not. So I said, that one's not coming from your 529. Sorry. So assuming it's an eligible expense, they text me and say, hey, Uncle Jim or dad, I need $529.30. And I Venmo them $529.30. When I log in to my529.com, which is the Utah 529, where we have all of these established, go to their account and withdraw 529.30 and transfer it to my bank account. And then they send me a receipt. They usually email the receipt because it's easier for me to save it on my computer. And I save it into a file on my computer for my 2025 tax files. And I label it 529 expenses. And I label it with the date and their name. And so I've got it in there if I ever get audited. But you got to have receipts to cover all your 529 withdrawals, or they're not eligible withdrawals and you'll end up having to pay tax and penalty on them. So you do need to keep track of those receipts in case of audit. And you need to make sure it's only being spent for eligible expenses. But you have the whole year to take the money out, right? So if you wanted to let it ride until December and then add it all up and pull the money out in December, you could do that, but you can't wait till the next year. This is not an HSA where you can save the receipts for decades and then pull the money out all at once. That's not the way it works. It's got to come out in the year it's spent. And I find it easiest to just take it out when they spend it. And so I encourage the nieces and nephews to spend my money first right before they go to their parents money, if any, before they use their own money. I'm like, it's an eligible expense. Let's drain this 529. If you drain your first year or your first two years, fine, no big deal. But if you get to the end of college and you still got money in here and you're not going to grad school, I'm going to make you the owner. And then you got to deal with the withdrawal issues. And obviously you can transfer up to $35,000 to a Roth IRA over a number of years. And Maybe that's what the one that's overfunded right now will end up doing. As far as my children's ones go, they're probably all going to be overfunded and we'll end up just changing the beneficiary to the grandkids for those. But that's our process for spending down to 529. Now if you have other assets you're planning to use to pay for college, you may need a little bit more complicated plan for paying, right? Certainly I would prioritize use of the 529, but it really comes down to what are the other assets, right? If they got scholarship money, obviously you're going to use that first. If they're working, you know, you may want to use their earnings for stuff that's not 529 eligible. You know, like those apartment deposits or transportation expenses or traveling. They want to do those sorts of things. That's what my kids tend to use their earnings for, is fun stuff. And then for anything that qualifies for actual 529 money, they use the 529. If you're also using your savings, the question is, well, how do you balance these two? Well, you probably want to use the $529,000 in a way that it's empty by the time they're done with their education because it can't be used for other things. You can change the beneficiary, obviously, but it can't be used for other. But there's also the fact that 529 money grows tax free as long as it's used for education. And so you might want a balanced approach where you take a certain amount out each year if you're also using your taxable account or your own cash flow. But I probably tend to lean more toward front loading the 529 withdrawals and then making it up toward the end, but that's up to you. It certainly would be reasonable to spread the 529 withdrawals out over the entire educational period to try to maximize the benefit of that tax protected growth. If you're using loans as well, you may want to use the 529 money to make it so you're only using the loans with the best possible terms. Now let's say for instance, you're using it to pay for medical school, right? So maybe you take out the maximum amount of federal loans which now with the new one big beautiful bill act is $50,000 a year. And then at least once it's fully implemented and then when you need money above and beyond that, you take it from the $529,000. Maybe that's your approach. So that would be reasonable to do as well. But as far as it goes for saving for college, there's basically four pillars of paying for college, right? There's your college choice, which is surprisingly important. A college education is a lot like a marriage. It basically costs what you're willing to pay, right? If you want to pay $100,000 a year for your college education, there is a school in this country that will take your money. On the other hand, you can go to the local community college and it probably costs you $2,000 a year and you live at home, right? A college education would be very inexpensive. State schools, especially for the kids of doctors that tend to do well in school due to good genetics, and their tiger parents tend to qualify for scholarships at state colleges and oftentimes can go for relatively low price. So school selection is very important. Then of course there's savings, right? What you saved in advance for college, that's usually in a 529. Maybe it's in an education savings account, aka a Coverdell, but most of the time these days it's in a 529. Then there's the kids contribution, right? And that might be the scholarships they earn, the money they earn during the summers, they work during the school years, or money they saved up during high school or something. That's their contribution. I think it's a good idea to have them have some skin in the game as well. And finally, there's your cash flow. There is no requirement, especially for a high income professional who's still going to be working while the kid's in college, to save it all up in advance. You don't have to do that. You're making 20, 30, $40,000 a month. Some of that can go toward paying for college so you can cash flow a lot of this. And so those are the four pillars of paying for college. I hope that most white coat investors are not using borrowed money to pay for undergraduate educations. Now I get it. If your kid goes to dental school or your kid goes to med school, some of that might need to be borrowed. I think they ought to be borrowing it, not you. But as far as undergrad goes, I think between your cash flow and your savings and good school selection and their contribution, you ought to be able to get through debt free. For the most part. We tend to invest our 529 aggressively, much more aggressively than we invest even our Retirement money, despite the fact that we need the money sooner. And the reason why is that you have to consider not only the likelihood of market downturn causing you to have less money, but the consequences. So if there's a big nasty bear market and our 529s get whacked, that's okay because we could cash flow their college educations, we wouldn't have to touch that 529. We could use some cash and and pay for this year and give the market some time to rebound and maybe pull a bunch of that money out their senior year. But the benefit of investing aggressively is you tend to get the higher returns over the long term. And dialing that aggressiveness back in the last year or two before they get to college, when that account's as big as it's going to get, hurts you the most. So I prefer to leave it aggressively. And the cool thing about that is those accounts all benefited from being invested aggressively in 2023 and 2024 when the market went crazy. Right? And so we've always invested our 529s aggressively, 100% stock. And in fact we tilt them pretty significantly to both international and small value stocks. Now, that wasn't so awesome when US large cap stocks were doing awesome, but that international tilt is sure paying off in 2025. So the point is, you don't have to invest these things. It doesn't have to be 100% cash the day they start colle turn 18. Right. That money's still not going to be spent. Some of it until they're a senior probably that's three years away. So it doesn't have to all be in cash by then. You can be relatively aggressive. You need to consider not only the possibility of a market downturn, but also the consequences of it. And the more dire the consequences, the more conservative you ought to be with that money. Maybe it's worth discussing with the kid as well. Okay, our quote of the day today comes from Warren Buffett, who said, be fearful when others are greedy, and greedy only when others are fearful. The truth of the matter is, if you use a static asset allocation and always invest when you get the money so that you're not trying to time the market, you're not trying to dollar cost average, some lump sum you got. This works out pretty well because even when markets are down, you're still investing. Because it's your habit. You invest every month, and when markets are up, you invest every month. So you don't have to worry so much about the big bad behavioral problems in investing, which is fear of loss and fear of missing out. But when you set your asset allocation, you probably ought to balance those two things, right? You want that asset allocation or mix of investments that perfectly balances your fear of loss, especially during a market downturn, and your fear of missing out, especially during a market upturn. You're looking for something you can stick with long term. It really doesn't matter that much what your asset allocation is, whether you can stick with it or not. Long term is far more important. All right, let's answer some questions from the email. In an episode you discussed that changing the beneficiary of 529from the current beneficiary to a new beneficiary of a younger generation is treated as a gift and depending on the amount, potentially triggers a gift tax using up a portion of the unified gift estate tax exemption. However, you do not specify whether this is treated as a gift from the current owner of the 529 or from the current beneficiary of the 529. I'd appreciate hearing your thoughts on this, as it seems like you could make a case for either. The best article I could find on this comes from Michael Kitces, and we'll include the link in the show notes. Michael concludes that the correct treatment is that this is a gift from the current beneficiary to the new beneficiary, which is absolutely true. That is how it's treated. While I see his logic to a point, this still bothers me. How can someone involuntarily and non discretionarily trigger a tax reporting requirement for someone else? Taking this logic to the extreme, imagine a bitter divorce. Under it, one spouse, the owner of a 529 could repeatedly switch the beneficiary of the 529 back and forth between their ex spouse and a common child, triggering an arbitrarily large gift tax liability. Love to hear your thoughts on who has the gift tax filing obligation when the beneficiary of the 529 changes is the owner of multiple 529 plans for our children. Loving marriage, though bitter ex spouse scenario above was purely hypothetical on pace to be somewhere between moderately and clearly overfunded. I'm interested in making sure transfers to future generations are handled properly. Okay, well, the way it's written is the current beneficiary. That's who the gift tax applies to. Right now you can probably, if you're not that overfunded, deal with the gift tax limits right this year. I think it's $19,000. Could be $20,000 goes up every year. Lately it's been going up about $1,000 a year. But you could move $19,000 a year from the kid to the grandkid and within a few years you ought to have the 529 emptied. So you can work around this. If your 529 isn't like $400,000 overfunded, even if it is, you're probably splitting it between multiple grandkids, right? So maybe you can still work it out where you can make the transfer over a few years and not have to deal with the gift tax issues. Keep in mind, gift tax for most people is just a tax return. It's not an actual tax. You don't actually pay anything. You're just saying I'm going to use up some of my estate tax exemption. Well, with the one big beautiful Bill act that's now $15 million in 2025, if you're married, it's $30 million. Okay? So unless you're going to die with more than $30 million indexed to inflation, so 30 million in today's dollars, you're not going to have an estate tax. So you don't have to pay any gift tax. You're just using up some of that exemption. So it's really not that big a deal. Even if you had to use $400,000 of it, you're probably not getting to your estate tax limits anyway. No big deal. Make sure your state doesn't have some weird estate tax thing going on as well. There's about a dozen states or so that do have an estate or inheritance tax and you ought to be aware of those laws as well as you're changing beneficiaries. But yeah, it's a little weird. I don't think when Congress put 529 is in place that they really thought through everything with regard to 529 laws, including hypothetical situations like this bitter divorce scenario proposed in the email. I would think if you're really switching back and forth a whole bunch and trying to use up their $15 million exemption, that you could go to court and, you know, argue against that. That that was obviously crazy and I think you could get out of that sort of a thing. But you know, it seems a little bit bizarre because who are you trying to hurt, right? If you're in a bitter divorce, do you really want to hurt your kid? You're not hurting your ex spouse, you're hurting your kid. So I don't know why you'd be interested in doing that anyway. Most people don't hate their kids just because they got divorced, but that is the way it works. It is a gift from the current beneficiary to the next generation and uses up their gift tax exemption if you're given more than $19,000. These are true first world problems we're talking about here, right? This is not something the average American deals with. And so I don't think Congress cares all that much that this is the way the law is written. But that's the way it is, so be aware of that. All right, everybody, if no one's told you thanks for what you do today, let me be the first. I know a lot of us, a lot of you listening to this podcast had a rough day at work today. For whatever reason, I don't know, somebody died, you made a mistake, somebody was mean to you. I don't know what happened. Right? Maybe a patient vomited on you or threw something at you. I have no idea. What you're doing is important. Not everybody tells you thank you, and I know it matters what you're doing. So keep your head up. Work's important. That's why they pay you a lot to do it. Let's manage your money well so you don't have to do it forever. And you can do it on your terms soon. But in the meantime, thanks for all the hard work you're putting in. Okay, we gotta talk more about student loans. We're gonna be talking a lot about student loans and maybe I need to spend some more time with andrew@studentloanadvice.com so I have all the answers down to all these questions you guys are asking me. A lot of stuff has changed with student loans since the One Big Beautiful Bill act came out. I'm still catching up personally. Right. And trying to get all the answers right because for the last three and a half years, the answer was, well, just stay on student loan holiday and we'll figure it out when it ends. Well, it's all ended now or it's ending soon or it's going to end over the next three years or so. And so it's time to get stuff sorted out. Highly recommend a consult with Andrew. If you have any sort of a complicated student loan situation, you can book that@studentloanadvice.com and it's well worth your time. It's one flat fee. It gets you an hour with Andrew. He goes over your stuff in advance and then you get like a year of sending them Follow up email questions all for one flat fee. So I think it's a pretty good deal for those of you with complicated student loan situations. But let's listen to Samantha's question.