Enlarge image | Form 5305-E Coverdell Education Savings Trust Account Do not file (Rev. October 2016) with the Internal Department of the Treasury (Under section 530 of the Internal Revenue Code) Revenue Service Internal Revenue Service Name of grantor Check if amendment . . . ▶ Name of designated beneficiary Address of designated beneficiary Date of birth of designated beneficiary Name of responsible individual (generally the parent or guardian of the designated beneficiary) Address of responsible individual Name of trustee Address or principal place of business of trustee The grantor named above is establishing a Coverdell education savings trust account under section 530 for the benefit of the designated beneficiary exclusively to pay for the qualified elementary, secondary, and higher education expenses, within the meaning of section 530(b)(2), of such designated beneficiary. The grantor has assigned the trust dollars ($ ) in cash. The grantor and the trustee make the following agreement: Article I The trustee may accept additional cash contributions provided the designated beneficiary has not attained the age of 18 as of the date such contributions are made. Contributions by an individual contributor may be made for the tax year of the designated beneficiary by the due date of the beneficiary’s tax return for that year (excluding extensions). Total contributions that are not rollover contributions described in section 530(d)(5) are limited to $2,000 for the tax year. In the case of an individual contributor, the $2,000 limitation for any year is phased out between modified adjusted gross income (AGI) of $95,000 and $110,000. For married individuals filing jointly, the phase-out occurs between modified AGI of $190,000 and $220,000. Modified AGI is defined in section 530(c)(2). Article II No part of the trust account funds may be invested in life insurance contracts, nor may the assets of the trust account be commingled with other property except in a common trust fund or a common investment fund (within the meaning of section 530(b)(1)(D)). Article III 1. Any balance to the credit of the designated beneficiary on the date on which he or she attains age 30 shall be distributed to him or her within 30 days of such date. 2. Any balance to the credit of the designated beneficiary shall be distributed within 30 days of his or her death unless the designated death beneficiary is a family member of the designated beneficiary and is under the age of 30 on the date of death. In such case, that family member shall become the designated beneficiary as of the date of death. Article IV The grantor shall have the power to direct the trustee regarding the investment of the above-listed amount assigned to the trust (including earnings thereon) in the investment choices offered by the trustee. The responsible individual, however, shall have the power to redirect the trustee regarding the investment of such amounts, as well as the power to direct the trustee regarding the investment of all additional contributions (including earnings thereon) to the trust. In the event that the responsible individual does not direct the trustee regarding the investment of additional contributions (including earnings thereon), the initial investment direction of the grantor also will govern all additional contributions made to the trust account until such time as the responsible individual otherwise directs the trustee. Unless otherwise provided in this agreement, the responsible individual also shall have the power to direct the trustee regarding the administration, management, and distribution of the account. Article V The “responsible individual” named by the grantor shall be a parent or guardian of the designated beneficiary. The trust shall have only one responsible individual at any time. If the responsible individual becomes incapacitated or dies while the designated beneficiary is a minor under state law, the successor responsible individual shall be the person named to succeed in that capacity by the preceding responsible individual in a witnessed writing or, if no successor is so named, the successor responsible individual shall be the designated beneficiary’s other parent or successor guardian. Unless otherwise directed by checking the option below, at the time that the designated beneficiary attains the age of majority under state law, the designated beneficiary becomes the responsible individual. If a family member under the age of majority under state law becomes the designated beneficiary by reason of being a named death beneficiary, the responsible individual shall be such designated beneficiary’s parent or guardian. Option (This provision is effective only if checked): The responsible individual shall continue to serve as the responsible individual for the trust after the designated beneficiary attains the age of majority under state law and until such time as all assets have been distributed from the trust and the trust terminates. If the responsible individual becomes incapacitated or dies after the designated beneficiary reaches the age of majority under state law, the responsible individual shall be the designated beneficiary. Cat. No. 25205V Form 5305-E (Rev. 10-2016) |
Enlarge image | Form 5305-E (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 trustee’s procedures. Article VII 1. The grantor agrees to provide the trustee with all information necessary to prepare any reports required by section 530(h). 2. The trustee 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 grantor and trustee 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. Grantor’s signature Date Trustee’s signature Date Witness’ signature Date (Use only if signature of the grantor or the trustee is required to be witnessed.) General Instructions section 408(n), or any person who has the beneficiary is a nonresident alien, the approval of the IRS to act as trustee. Any designated beneficiary’s individual taxpayer Section references are to the Internal person who may serve as a trustee of a identification number is the identification Revenue Code unless otherwise noted. traditional IRA may serve as the trustee of a number of his or her Coverdell ESA. An What's New Coverdell ESA. employer identification number (EIN) is Military death gratuity. Families of soldiers Grantor. The grantor is the person who required only for a Coverdell ESA for which a who receive military death benefits may establishes the trust account. return is filed to report unrelated business income. An EIN is required for a common fund contribute, subject to certain limitations, up to Designated beneficiary. The designated created for Coverdell ESAs. 100 percent of such benefits into an beneficiary is the individual on whose behalf educational savings account. Publication 970, the trust account has been established. Specific Instructions for rolling over the military death gratuity and designated beneficiary include his or her Note: Tax Benefits for Education, explains the rules Family member. Family members of the The age limitation restricting lists eligible family members. spouse, child, grandchild, sibling, parent, contributions, distributions, rollover Purpose of Form niece or nephew, son-in-law, daughter-in-law, contributions, and change of beneficiary are father-in-law, mother-in-law, brother-in-law, waived for a designated beneficiary with Form 5305-E is a model trust account or sister-in-law, and the spouse of any such special needs. agreement that meets the requirements of individual. A first cousin, but not his or her Article X. Article X and any that follow may section 530(b)(1) and has been pre-approved spouse, is also a “family member.” incorporate additional provisions that are by the IRS. A Coverdell education savings agreed to by the grantor and trustee to account (ESA) is established after the form is Responsible individual. The responsible complete the agreement. They may include, fully executed by both the grantor and the individual, generally, is a parent or guardian of trustee. This account must be created in the the designated beneficiary. However, under for example, provisions relating to: definitions, United States for the exclusive purpose of certain circumstances, the responsible investment powers, voting rights, exculpatory paying the qualified elementary, secondary, individual may be the designated beneficiary. provisions, amendment and termination, removal of the trustee, trustee’s fees, state and higher education expenses of the Identification Numbers law requirements, treatment of excess designated beneficiary. contributions, and prohibited transactions The grantor and designated beneficiary’s If the model account is a custodial account, social security numbers will serve as their with the grantor, designated beneficiary, or see Form 5305-EA, Coverdell Education identification numbers. If the grantor is a responsible individual, etc. Attach additional Savings Custodial Account. nonresident alien and does not have an pages as necessary. Do not file Form 5305-E with the IRS. identification number, write “Foreign” on the Optional provisions in Article V and Article Instead, the grantor must keep the completed return for which is filed to report the grantor's VI. Form 5305-E may be reproduced in a form in its records. information. The designated beneficiary’s manner that provides only those optional social security number is the identification provisions offered by the trustee. Definitions number of his or her Coverdell ESA. If the Trustee. The trustee must be a bank or designated savings and loan association, as defined in Form 5305-E (Rev. 10-2016) |