Enlarge image | Form 5305-EA Coverdell Education Savings Custodial 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 depositor 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 custodian Address or principal place of business of custodian The depositor named above is establishing a Coverdell education savings 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 depositor assigned the custodial account dollars ($ ) in cash. The depositor and the custodian make the following agreement: Article I The custodian 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 custodial account funds may be invested in life insurance contracts, nor may the assets of the custodial 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 depositor shall have the power to direct the custodian regarding the investment of the above-listed amount assigned to the custodial account (including earnings thereon) in the investment choices offered by the custodian. The responsible individual, however, shall have the power to redirect the custodian regarding the investment of such amounts, as well as the power to direct the custodian regarding the investment of all additional contributions (including earnings thereon) to the custodial account. In the event that the responsible individual does not direct the custodian regarding the investment of additional contributions (including earnings thereon), the initial investment direction of the depositor also will govern all additional contributions made to the custodial account until such time as the responsible individual otherwise directs the custodian. Unless otherwise provided in this agreement, the responsible individual also shall have the power to direct the custodian regarding the administration, management, and distribution of the account. Article V The “responsible individual” named by the depositor shall be a parent or guardian of the designated beneficiary. The custodial account 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 custodial account after the designated beneficiary attains the age of majority under state law and until such time as all assets have been distributed from the custodial account and the custodial account 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. 25204K Form 5305-EA (Rev. 10-2016) |
Enlarge image | 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) |