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Form 5305-EA (Rev. 10-2016) Page 2
Article VI
The responsible individual may or may not change the beneficiary designated under this agreement to another member of
the designated beneficiary’s family described in section 529(e)(2) in accordance with the custodian’s procedures.
Article VII
1. The depositor agrees to provide the custodian with all information necessary to prepare any reports required by section 530(h).
2. The custodian agrees to submit to the Internal Revenue Service (IRS) and responsible individual the reports prescribed by the IRS.
Article VIII
Notwithstanding any other articles which may be added or incorporated, the provisions of Articles I through III will be controlling. Any
additional articles inconsistent with section 530 and the related regulations will be invalid.
Article IX
This agreement will be amended as necessary to comply with the provisions of the Code and the related regulations. Other amendments
may be made with the consent of the depositor and the custodian whose signatures appear below.
Article X
Article X may be used for any additional provisions. If no other provisions will be added, draw a line through this space. If provisions are
added, they must comply with applicable requirements of state law and the Internal Revenue Code.
Depositor’s signature Date
Custodian’s signature Date
Witness’ signature Date
(Use only if signature of the depositor or the custodian is required to be witnessed.)
General Instructions Definitions return for which is filed to report the depositor's
information. The designated beneficiary’s social
Section references are to the Internal Revenue Custodian. The custodian must be a bank or security number is the identification number of
Code unless otherwise noted. savings and loan association, as defined in his or her Coverdell ESA. If the designated
section 408(n), or any person who has the beneficiary is a nonresident alien, the designated
What's New approval of the IRS to act as custodian. Any beneficiary’s individual taxpayer identification
Military death gratuity. Families of soldiers who person who may serve as a custodian of a number is the identification number of his or her
receive military death benefits may contribute, traditional IRA may serve as the custodian of a Coverdell ESA. An employer identification
subject to certain limitations, up to 100 percent Coverdell ESA. number (EIN) is required only for a Coverdell
of such benefits into an educational savings Depositor. The depositor is the person who ESA for which a return is filed to report unrelated
account. Publication 970, Tax Benefits for establishes the custodial account. business income. An EIN is required for a
Education, explains the rules for rolling over the Designated beneficiary. The designated common fund created for Coverdell ESAs.
military death gratuity and lists eligible family beneficiary is the individual on whose behalf the
members. custodial account has been established. Specific Instructions
Purpose of Form Family member. Family members of the Note: The age limitation restricting contributions,
designated beneficiary include his or her distributions, rollover contributions, and change
Form 5305-EA is a model custodial account spouse, child, grandchild, sibling, parent, niece of beneficiary are waived for a designated
agreement that meets the requirements of or nephew, son-in-law, daughter-in-law, father- beneficiary with special needs.
section 530(b)(1) and has been pre-approved by in-law, mother-in-law, brother-in-law, or sister-in-Article X. Article X and any that follow may
the IRS. A Coverdell education savings account law, and the spouse of any such individual. A first incorporate additional provisions that are agreed
(ESA) is established after the form is fully cousin, but not his or her spouse, is also a to by the depositor and custodian to complete
executed by both the depositor and the “family member.” the agreement. They may include, for example,
custodian. This account must be created in the
United States for the exclusive purpose of Responsible individual. The responsible provisions relating to: definitions, investment
paying the qualified elementary, secondary, and individual, generally, is a parent or guardian of powers, voting rights, exculpatory provisions,
higher education expenses of the designated the designated beneficiary. However, under amendment and termination, removal of the
beneficiary. certain circumstances, the responsible individual custodian, custodian’s fees, state law
If the model account is a trust account, see may be the designated beneficiary. requirements, treatment of excess contributions,
and prohibited transactions with the depositor,
Form 5305-E, Coverdell Education Savings Identification Numbers designated beneficiary, or responsible individual,
Trust Account. etc. Attach additional pages as necessary.
The depositor’s and designated beneficiary’s
Do not file Form 5305-EA with the IRS. social security numbers will serve as their Optional provisions in Article V and Article VI.
Instead, the depositor must keep the completed identification numbers. If the depositor is a Form 5305-EA may be reproduced in a manner
form in its records. nonresident alien and does not have an that provides only those optional provisions
identification number, write “Foreign” on the offered by the custodian.
Form 5305-EA (Rev. 10-2016)
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