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The Daily Insight

How are non-qualified 529 distributions taxed?

Author

Andrew Ramirez

Published Apr 04, 2026

529 plan withdrawal penalty Only the earnings portion of a non-qualified 529 plan distribution is subject to a 10% withdrawal penalty. California imposes an additional 2.5% state income tax penalty on the earnings portion of non-qualified 529 plan distributions.

Distributions from a 529 plan may be paid directly to the educational institution, to the beneficiary or to the account owner. Either the account owner or the beneficiary will have to pay income tax on the earnings portion of a non-qualified distribution plus a 10% tax penalty.

How much can you withdraw from NY 529?

Federal law allows 529 plan account owners to withdraw assets to pay for expenses for tuition in connection with enrollment or attendance at an elementary or secondary public, private, or religious school up to $10,000 per year per beneficiary with no resulting federal taxes on account earnings or penalties.

What is not eligible for a tax free distribution from a 529 plan?

Extracurricular activities and other miscellaneous expenses You may be able to use your child’s 529 plan savings to pay for fraternity or sorority housing costs (up to the college’s room and board allowance amount), but semester dues (sometimes more than $1,000) are considered a non-qualified expense.

What are nonqualified withdrawals from a 529 plan?

Distributions to pay K-12 tuition, apprenticeship expenses, or qualified education loan repayments are considered nonqualified withdrawals for New York State tax purposes and will require the recapture of any tax benefits that have accrued on contributions. How much should I withdraw for qualified expenses?

What happens if I withdraw money from my NY 529 plan?

If you’re withdrawing funds to pay for registered apprenticeship expenses or to make qualified education loan repayments, please note that for NY State tax purposes, this would require the recapture of any NY State tax benefits that have accrued on contributions. Submit your request.

How are distributions allocated in a 529 plan?

529 plan distributions are allocated between the earnings portion and the basis, which is the contribution portion The contribution portion will never be subject to tax or penalized since it was made with after-tax dollars

What is the penalty on an unused 529 plan?

529 plan distributions are allocated between the earnings portion and the basis, which is the contribution portion The contribution portion will never be subject to tax or penalized since it was made with after-tax dollars In many cases, the penalty on non-qualified 529 plan distributions is no worse than investing in a taxable account