New York's 529 College Savings Program
A 529 is an investment account for school costs. The money grows without federal tax when you spend it on qualified costs. New York taxpayers also get a state deduction.
- Deduct up to $5,000 a year from New York income ($10,000 if married filing jointly).
- Pays for college, career school, registered apprenticeships and up to $10,000 of student loans.
- K-12 warning: federal law allows K-12 costs, but New York treats K-12 tuition withdrawals as nonqualified and takes back the deduction.
- Leftover money can go to a family member, or up to $35,000 to the student's Roth IRA.
Two ways to use New York's 529
| NY 529 Direct Plan | NY 529 Advisor-Guided Plan | |
|---|---|---|
| How you open it | Yourself, online at nysaves.org, by mail, or by phone. | Only through a financial professional. |
| Cost | Smaller fees. No minimum to start. | Higher fees and expenses, which include pay for the financial professional. |
| New York deduction | Both are part of New York's 529 College Savings Program. Ask the plan how the $5,000 / $10,000 limit applies if you use both. | |
How to open a Direct Plan account
- Get what you need.Your Social Security number or ITIN, your permanent U.S. address, the child's (beneficiary's) name, birth date and SSN or ITIN, and your bank account number if you want automatic deposits.
- Go to nysaves.org and choose "Open an account".You can also call or mail a form. There are no age or income limits for owners.
- Pick an investment option.Age-based options change slowly from stocks to safer choices as the child gets close to college. Read the Disclosure Booklet first.
- Name a successor owner.That person takes over if something happens to you.
- Set an automatic deposit.Any amount. Many families pick payday.
- Share a gift link or the account details with relativesso they can add money for birthdays. Checks from others up to $10,000 each are accepted (NY 529 FAQ).
The New York State tax deduction
Up to $5,000
a year deducted from New York taxable income.
Up to $10,000
a year, to accounts owned by either spouse.
December 31
The deduction is for money put in during the tax year.
- The deduction is for contributions you make as the account owner (NY Tax Department notice N-00-22). Ask NY 529 or a tax professional before you count a gift from someone else.
- The limit is per tax return, not per child. Two children's accounts still share one $5,000 or $10,000 limit.
- New York can take the deduction back ("recapture" or "add-back") if you later make a nonqualified withdrawal, use the money for K-12 tuition, or roll it to another state's 529 (nysaves.org).
- Federal: there is no federal deduction for putting money in. The federal benefit is tax-free growth when you spend it on qualified costs.
How money moves through a 529
What the money can pay for
| Use | Federal rule | New York rule |
|---|---|---|
| College and career school | Tuition, fees, books, supplies, required equipment, computers and internet; room and board if enrolled at least half-time (IRS Pub. 970). The school must be eligible for federal student aid. | ✅ Qualified. |
| Registered apprenticeship | Fees, books, supplies and equipment required for a program registered with the U.S. Secretary of Labor (§529(c)(8)). | NY 529 lists it as a qualified withdrawal. Confirm with NY 529. |
| Student loans | Up to $10,000 lifetime per person, for the beneficiary and for each of the beneficiary's siblings (§529(c)(9)). | ✅ Qualified since New York's 2024 law (Chapter 310 of the Laws of 2024). |
| K-12 tuition | Public, private or religious elementary or secondary school. Limit $20,000 per student per year from 2026 ($10,000 before). | ⚠️ Nonqualified. New York recaptures the deduction. NY 529 sends K-12 tuition withdrawals only to the account owner. |
| Other K-12 costs (new in 2025) | For withdrawals after July 4, 2025: curriculum and materials, books, online educational materials, tutoring, test fees, dual enrollment and educational therapies (§529(c)(7)). Counts toward the $20,000. | ❓ Not decided. New York "has not yet determined" if these are qualified. |
| Credential programs (new in 2025) | Costs of recognized postsecondary credential programs (§529(e)(3) and (f)). | ❓ Not decided for New York. |
| Roll to student's Roth IRA | Up to $35,000 lifetime; see the rules further down this page (§529(c)(3)(E)). | ✅ Qualified since Chapter 310 of the Laws of 2024. |
| Roll to an ABLE account | Allowed for the beneficiary or a family member, within the yearly ABLE limit; made permanent in 2025. | Ask NY 529 how New York treats it. |
⚠️ K-12: federal and New York rules are different
In short: the 2025 federal law (Public Law 119-21, often called the One Big Beautiful Bill Act) made more K-12 costs qualified and raised the yearly K-12 limit to $20,000 starting in 2026. New York has not followed for tuition: "distributions for K-12 tuition are considered nonqualified withdrawals" and require "the recapture of any New York State tax benefits that have accrued on contributions" (nysaves.org FAQ). For the other new K-12 costs, New York "has not yet determined" what it will do.
What to do: before you use a New York 529 for any K-12 cost, call NY 529 (see Sources) and ask a tax professional. Keep receipts. If New York decides later, this page will be updated.
If K-12 costs are your main goal, a Coverdell ESA or a plain savings account may be simpler. See Example 5 on this page for the math.
Leftover money: the 529-to-Roth IRA rollover
A 2022 federal law (SECURE 2.0) lets some leftover 529 money move into the student's own Roth IRA. The rules:
- The 529 account must have been open for the same beneficiary for at least 15 years.
- Money put in during the last 5 years (and its earnings) cannot be moved.
- It must be a direct transfer from the 529 to a Roth IRA in the beneficiary's name.
- Each year's rollover counts toward the yearly IRA limit ($7,500 for 2026), together with any other IRA money the student puts in, and the student needs earned income at least equal to it.
- Lifetime limit: $35,000 per beneficiary.
New York treats these rollovers as qualified (Chapter 310 of the Laws of 2024), so no New York add-back.
Family, gifts and grandparents
Changing the beneficiary
You can change the beneficiary at any time to a member of the family of the original beneficiary (nysaves.org). Under federal law that includes brothers and sisters, parents, children, nieces and nephews, aunts and uncles, in-laws, their spouses, and first cousins (§529(e)(2)). No tax if the new person is a family member.
Gift tax and "superfunding"
- Money put in a 529 is a gift to the child. In 2026, each person can give up to $19,000 to each child with no gift tax return.
- Superfunding: one person may put in up to $95,000 at once (a married couple $190,000) and choose to spread it over 5 years on a federal gift tax return (Form 709). Other gifts to that child in those years count too.
Grandparent-owned accounts
Grandparents can open their own account for each grandchild. A grandparent who is a New York taxpayer and the account owner may take the New York deduction. See the FAFSA section next.
529s and the FAFSA (federal college aid form)
| Who owns the 529 | How the FAFSA treats it |
|---|---|
| Parent (student is a dependent) | Reported as a parent investment if it is for the student (FSA Handbook). Parent assets affect aid much less than student money. |
| Student who is the beneficiary but not the owner | "The value is not reported as a student asset" (FSA Handbook). |
| Grandparent or other relative | Not listed on the FAFSA as an asset. Since the 2024-25 FAFSA, the form no longer asks about money others paid for the student. Some private colleges use another form (the CSS Profile) that may ask. Check each college. |
| Withdrawals | Tax-free withdrawals that are not more than qualified costs are not counted as other financial help (FSA Handbook). |
Taking money out for something else
A nonqualified withdrawal is money taken out and not used for qualified costs. Three things can happen:
- Federal income tax on the earnings part (your form 1099-Q shows contributions and earnings).
- A 10% extra federal tax on the earnings part. Exceptions include the student's death or disability, a tax-free scholarship (up to its amount), and attending a U.S. military academy (IRS Pub. 970).
- New York: the earnings are taxed as income, and the New York deduction you took on that money is added back to your income ("recapture").
A parent takes out $10,000 for a car. The 1099-Q shows $6,000 of contributions and $4,000 of earnings. The parent deducted all $6,000 on New York returns. We assume a 12% federal rate and a 5.5% New York rate.
Your real rates and the New York add-back worksheet decide the true amount.
🧮 529 growth calculator
Try your own numbers. The growth rate is an assumption, not a promise. Real investments go up and down and can lose money. Nothing you type is saved or sent.
■ money put in ■ assumed growth
Math: monthly deposits, growth added each month at the yearly rate ÷ 12, no fees or taxes. Real plans have small fees.
Six examples with made-up numbers
All growth uses an assumed rate, added monthly. New York tax savings use an assumed 5.5% New York rate. Your numbers will be different.
1. 👶 A newborn
Ana is single and pays New York tax. She saves $100 a month for her baby for 18 years. Assumed growth: 5% a year.
If the money pays for college, the $13,320 of growth is free of federal and New York tax.
2. 🧑🎓 A middle-schooler (starting at age 11)
The Lee family (married, filing jointly) starts when their son is in 6th grade: $250 a month for 7 years. Because college is closer, they choose a more careful option and assume 4% growth.
Less time means less growth, but the New York deduction still helps every year.
3. 👵 A grandparent's gift
Grandma Rosa (single, New York taxpayer) opens her own 529 for her granddaughter in 2026 and puts in $19,000 once. She makes no other gifts to her that year.
Tip: if Rosa put in $5,000 a year for 4 years instead, she could use the deduction each year ($5,000 × 4 = $20,000 deducted).
4. 👧👦 Two children
Maria and James file jointly. They put $6,000 a year into each child's account ($12,000 total).
The limit is per tax return, not per child. Putting in $5,000 per child would use the whole deduction.
5. 🏫 Private K-12 tuition in New York
The Okafor family (joint) has a New York 529 and wants to take out $15,000 for 2026 private middle school tuition. In past years they deducted $10,000 of the money they now take out.
Compare: paying tuition from a savings account or a Coverdell ESA avoids the New York add-back. Ask before you decide.
6. 🎉 Leftover money to a Roth IRA
Leo's 529 was opened when he was born in 2004. In 2026 he is 22. He finished college with a scholarship and now works. He has $30,000 left in the 529. $2,000 of it was put in during the last 5 years. Leo earns $40,000 a year and makes no other IRA contributions. We assume the IRA limit stays $7,500 (it may change).
No federal or New York tax on these rollovers when the rules are met.
❓ Questions
Is there a minimum or maximum?
The Direct Plan has no minimum to start. New York sets a maximum total balance per beneficiary; it is in the Disclosure Booklet on nysaves.org.
Can I use New York's plan if I live in another state?
Yes. Anyone in the U.S. can. The New York deduction only helps New York taxpayers; your own state may have its own benefit.
Do I need a New York 529 to get the New York deduction?
Yes. The deduction is for New York's 529 College Savings Program. Money put into another state's plan does not get the New York deduction.
When should I take money out?
Take it out in the same calendar year you pay the cost, and keep the receipt. NY 529 says to allow about 10 business days for money to arrive.
Can a 529 pay for a Goal100 plan or other learning subscription?
Federal law now lists "online educational materials" for K-12, but New York has not decided how it treats those withdrawals. See Taxes and your subscription and ask NY 529 first.
What if the market goes down right before college?
That can happen. Age-based options move toward safer investments as college gets close. You can also change your investment choice twice a year under federal rules (Pub. 970), or when you change the beneficiary.
🔗 Official sources (checked November 7, 2026)
- NY 529 Direct Plan, Tax benefits ($5,000 / $10,000; recapture; K-12 tuition; expanded K-12 not decided): nysaves.org tax benefits
- NY 529 Direct Plan, FAQs (K-12 nonqualified; who can open; beneficiary change; gifts $19,000 / $95,000): nysaves.org/faqs and managing your account FAQ
- NY 529 Direct Plan, How to make withdrawals (apprenticeships, student loans, K-12 to owner, timing): nysaves.org withdrawals
- NY 529 Direct Plan, Highlights (no minimum; Advisor-Guided Plan): nysaves.org highlights
- NYS Comptroller, A.10209/S.9701, Chapter 310 of 2024 (student loans and Roth rollovers qualified in NY): osc.ny.gov
- NYS Comptroller, Savings programs NY 529 and NY ABLE: osc.ny.gov savings
- NY Department of Taxation and Finance, Notice N-00-22 (deduction for account owner; joint returns; add-back): tax.ny.gov N-00-22
- 26 U.S.C. §529 (as amended by Pub. L. 119-21, 2025): law.cornell.edu/uscode/text/26/529; Public Law 119-21 text: congress.gov H.R. 1
- IRS Publication 970, Tax Benefits for Education (qualified costs; exceptions to the 10% tax): irs.gov/publications/p970
- IRS, Rev. Proc. 2025-32 (2026 gift tax exclusion $19,000): irs.gov rp-25-32.pdf
- IRS, 2026 IRA limit $7,500 (IR-2025-111): irs.gov newsroom
- Federal Student Aid Handbook, Filling out the FAFSA (529 reporting): fsapartners.ed.gov