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1 (August 23, 2001)

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    Order Code RS20289
Updated August 23, 2001


    Education Savings Accounts for
Elementary and Secondary Education

             Bob Lyke and James B. Stedman
             Specialists in Social Legislation
             Domestic Social Policy Division


Summary


     The Taxpayer Relief Act of 1997 (P.L. 105-34) authorized new education savings
 accounts (then called education IRAs) for higher education expenses. From the time of
 enactment, attempts were made to increase the $500 annual contribution limit and allow
 accounts to be used for elementary and secondary education, including private and
 religious schools. Legislation to accomplish these objectives passed in both the 105th and
 106th Congresses but was vetoed by President Clinton.
     The Economic Growth and Tax Relief Reconciliation Act of 2001 (P.L. 107-16)
 that President Bush signed on June 7, 2001, includes these changes, effective after 2001.
 The most prominent issue they raise is whether the federal government should assist
 families whose children are educated in private schools. Policy questions include what
 effect such assistance might have on public schools and student performance and whether
 it would be constitutional. Concerns have also been expressed that the legislation would
 create compliance problems and is most likely to benefit better-off families. P.L. 107-22
 renamed the accounts Coverdell education savings accounts.


 Current Law for 2001

    Coverdell education savings accounts are investment accounts for individuals that
families can use to save for higher education expenses. The accounts were authorized by
the Taxpayer Relief Act of 1997 (P.L. 105-34) along with other measures to help parents
and students pay college costs; they were then called education individual retirement
accounts (education IRAs). Contributions to Coverdell education savings accounts can
be made until beneficiaries are age 18; the annual limit is $500 per beneficiary, though this
amount is reduced and then eliminated for contributors with modified adjusted gross
incomes between $95,000 and $110,000 ($150,000 and $160,000 for joint returns).
Contributions may not be made in any year if they are also made to a qualified state tuition
savings plan for the same beneficiary. Contributions are not deductible, but accounts are
exempt from taxation and distributions are excluded from beneficiaries' gross income if


Congressional Research Service +. The Library of Congress


CRS Report for Congress

             Received through the CRS Web

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