Form 709 Five-Year 529 Election
Rules to apply
- 01
The election applies ratably over five calendar years beginning with the contribution year.
- 02
A Form 709 is used to make the election even when no current gift tax is due.
- 03
Additional gifts to the same beneficiary can use remaining annual exclusion, if any, but must be tracked across the election period.
Example
A $95,000 contribution in 2026 can be elected as $19,000 in each of 2026 through 2030 for annual-exclusion purposes, assuming one donor and no other gifts to that beneficiary.
Sources
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