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Posted

Taxpayer withdraw the whole balance from a ESA account (close to $1000.00) but did not use the money for tuition or anything related for education purpose; there is no earning reported in Bx. 2 of 1099-Q, just $xxx.xx in box 1 and the distribution code is #1

She opened the plan 7-8 years ago.

According to what I read in Pub. 970 the whole amount is taxable (even though the contribution was an after tax money)or I am wrong.

Any help will be appreciated.

Lucho

Posted

Box 1 is just the total distribution, box 2 is the taxable portion. If just recovering their contributions, it's not taxable, in fact if it is for less than the original contributions, they may have a deductible loss. Nontaxable distributions from CESAs and QTPs, including rollovers, are not required to be reported on your income tax return. See Pub. 970 for more information.

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