77-1425. Benefits received; tax consequences.

337 words·~2 min read·/ne/chapter-77/77-1425

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)For federal income tax purposes, the Nebraska educational savings plan trust shall be considered a qualified state tuition program exempt from taxation pursuant to section 529 of the Internal Revenue Code. The trust meets the requirements of section 529(b) of the Internal Revenue Code as follows:

(a)Pursuant to section 77-1419 , a participant may make contributions to an account which is established for the purpose of meeting the qualified education expenses of the designated beneficiary of the account or, in the case of a qualified education loan payment, the designated beneficiary of the account or a sibling of the designated beneficiary;

(b)Pursuant to section 77-1419 , a maximum contribution level is established;

(c)Pursuant to section 77-1420 , a separate account is established for each beneficiary;

(d)Pursuant to section 77-1420 , contributions may only be made in the form of cash;

(e)Pursuant to section 77-1420 , a participant or beneficiary shall not provide investment direction regarding program contributions or earnings held by the trust;

(f)Penalties are provided on distributions of earnings which are:

(i)Not used for qualified education expenses of the beneficiary or, in the case of a qualified education loan payment, the beneficiary or a sibling of the beneficiary;

(ii)made on account of the death of the designated beneficiary if the distribution is not transferred to another beneficiary or paid to the estate of the beneficiary;

(iii)not made on account of the permanent disability or mental incapacity of the designated beneficiary; or

(iv)made due to scholarship, allowance, or payment receipt in excess of the scholarship, allowance, or payment receipt; and

(g)Pursuant to section 77-1422 , a participant shall not pledge any interest in the trust as security for a loan.

(2)State income tax treatment of the Nebraska educational savings plan trust shall be as provided in section 77-2716 .

(3)For purposes of federal gift and generation-skipping transfer taxes, contributions to an account are considered a completed gift from the contributor to the beneficiary.