August 08, 2018
A new state education savings account program, START K12, will allow parents, grandparents, and other loved ones of public and private school students to set up a 529 plan to pay for elementary and high school education.
Act 687 and House Bill 650, which won approval in the 2018 Louisiana Legislature Regular Session and was introduced by Reps. Franklin Foil, Steve Carter, Rick Edmonds, and Chris Hazel, have authorized the creation of the “Louisiana Student Tuition Assistance and Revenue Trust Kindergarten Through Grade Twelve (START K12) Program.” The START K12 Program is intended to implement the expansion of state 529 programs to cover elementary and secondary education, in addition to the benefits previously allowed for postsecondary institutions, as authorized by the Federal Tax Cuts and Jobs Act of 2017. In the past, 529 plans could only be used for postsecondary (college) expenses, but federal law recently expanded 529 plans to cover private school elementary and high school tuition, and Louisiana has now followed suit with the enactment of this new law.
The START K12 Program is a new program to allow the establishment of an education savings account (an “ESA”) for specified expenses associated with enrolling a student in grades kindergarten through 12th grade. The START K12 Program shares similarities with Louisiana’s existing START Program that establishes education savings accounts for expenses associated with enrolling in college or other postsecondary education institutions. Both the START Program and the START K12 Program are implemented under and consistent with federal guidelines applicable to state 529, education savings programs. As with the START Program, the Louisiana Tuition Trust Authority oversees the administration and operation of the START K12 Program.
There are tax and financial benefits associated with an ESA established under the START or START K12 Programs, but these benefits currently differ depending on whether you are investing in the START Program as opposed to the START K12 Program. A brief overview of the primary benefits, and key differences between the START and START K12 Programs, includes:
Amounts contributed and earned in an ESA established under the START K12 Program can be used to pay for “qualified education expenses,” which include tuition owed in connection with enrollment or attendance at a public or approved nonpublic elementary or secondary school in Louisiana that includes any grades kindergarten through 12th grade. In the future, owners of START K12 ESAs can make annual withdrawals of up to $10,000 to pay qualified education expenses for a beneficiary of an ESA.
Software development will be required to implement the new START K12 Program, so further guidance and specific rules will be forthcoming on this new law. Act 687 contains a transition provision for calendar year 2018 that will allow START (college) ESA owners who had an account as of December 31, 2017, to make a one-time withdrawal of up to $10,000 from their START ESA during 2018 to pay tuition expenses related to kindergarten through 12th grade for the beneficiary of the existing START ESA. Disbursements may not be more than what was in the account as of December 31, 2017, and they may not exceed the current account balance. If you are a START ESA owner and wish to request a disbursement for kindergarten through 12th grade expenses for the 2018 calendar year, and meet the criteria in the above paragraph, please click here for the disbursement form.
The state plans to have the START K12 Program fully operational for 2019, and in 2019 and thereafter, transfers from START (college) ESAs to START K12 Program ESAs will not be allowed.
About Rebecca Hinton: Practicing law since 2006, Taylor Porter Special Counsel Rebecca Hinton represents individuals and businesses in the areas of federal, state and local taxation; tax controversies; estate planning; numerous business matters; successions; and trusts.