Who can establish a NextGen Account?
Any resident of the U.S. can establish a NextGen Account, regardless of income or state of residence. Contributors to NextGen Accounts are referred to as "participants." Eligible participants include parents, grandparents, other relatives, and family friends. The student for whose benefit the account is established is called the "beneficiary." There are currently no age limits on NextGen beneficiaries.

What can NextGen assets be used for?
Qualified higher-education expenses include tuition and fees, room and board, books and required supplies, and even certain expenses related to special needs beneficiaries at any accredited post-secondary institution which is eligible to participate in federal student assistance programs – including public universities, private colleges, graduate schools and vocational schools.1

In calendar 2010, expenses paid or incurred for the purchase of any computer technology or equipment (as defined in Section 170(e)(6)(F)(i) of the Code) or Internet access and related services, if such technology, equipment or services are to be used primarily by the Designated Beneficiary while enrolled at an Eligible Institution of Higher Education. Expenses for computer technology and equipment do not include expenses for computer software designed for sports, games, or hobbies unless the software is predominantly educational in use.

What schools qualify as eligible post-secondary institutions?
Note: Some foreign institutions are eligible.

In general, in order to be considered eligible, a school must meet two requirements: (1) it must meet the accreditation criteria as described in section 481 of the Higher Education Act of 1965 (as in effect on Aug 5, 1997) and (2) it must be eligible to participate in Title IV US federal financial aid programs. If a school has been assigned a federal school code by the Department of Education, then it has met these requirements and is eligible under Section 529. To see if a particular school does have a federal school code assigned (and therefore is eligible under Section 529), enter the name of the institution at the Department of Education’s website and check out the results.

What is the income tax treatment of NextGen Accounts?
Earnings grow free from federal income tax and are federally tax free upon withdrawal for qualified higher-education expenses.1 Non-Maine residents should check with their tax professional regarding tax treatment in their state. Contributions are non deductible for federal income tax purposes.

You should consider whether your home state or your designated beneficiary’s home state offers any state tax or other benefits that are only available for investments in such state’s 529 plan.

How much do I need to open an account?
The minimum investment required to open an account is $250. If you sign up for automated contributions to your NextGen Account you can open an account by contributing as little as $50.

If you elect to have contributions invested in more than one portfolio, the minimum initial and subsequent investment is $25 per portfolio.

How much can I contribute to my NextGen Account?
Contributions can be made until the aggregate value of all accounts set up for the same beneficiary reaches $340,000. This limit is based on the average cost of higher education at an index of private colleges and universities. This limit will be adjusted periodically to reflect the changing costs of higher education.

Are there any gift-tax rules for contributors?
You may be able to take advantage of a gift tax election that applies to certain contributions to Section 529 plan accounts. This election generally allows you to contribute up to $65,000 per beneficiary in one year without federal gift tax implications, as long as you do not make any additional gifts to your beneficiary for the next five years. Married couples can generally contribute up to $130,000 per beneficiary in a single year.

Contributions between $13,000–$65,000 ($26,000–$130,000 for married couples filing jointly) made in one year can be prorated over a five-year period without incurring gift taxes or reducing your federal unified estate and gift tax credit. If you contribute less than the $65,000 ($130,000 for married couples filing jointly) maximum, additional contributions can be made without incurring federal gift taxes, up to a prorated level of $13,000 ($26,000 for married couples filing jointly) per year. Gift taxation may result if a contribution exceeds the available annual gift tax exclusion amount remaining for a given Beneficiary in the year of contribution. For contributions between $13,000–$65,000 ($26,000–$130,000 for married couples filing jointly) made in one year, if the account owner dies before the end of the five-year period, a prorated portion of the contribution may be included in his or her taxable estate. Please consult your tax and/or legal advisor for such guidance.

How are my contributions invested?
You must first decide whether to invest in the Client Direct Series or the Client Select Series portfolios. After selecting the NextGen series that's right for you, you must choose how to allocate your contributions. The program offers a choice of portfolios that give you the benefit of professional investment management.

The NextGen Client Direct Series is designed for investors who are not working with a financial advisor.

The Client Direct Series includes dedicated portfolios of underlying mutual funds managed by BlackRock, Franklin Advisers, Inc. (Franklin Templeton Investments), Massachusetts Financial Services Company (MFS) and a principal protected option, Principal Plus Portfolio. For more information about the Client Direct Series portfolios please contact College Plan Services at 1-877-4NEXTGEN (463-9843).

The NextGen Client Select Series is designed for investors who use the services of a financial advisor to help them simplify the challenging decision of how to invest to meet the rising costs of higher education. An investment professional will work with you to help define your investment strategy, your time horizon, your risk tolerance and other criteria to assist you in reaching your goal.*

The Client Select series includes dedicated portfolios of underlying mutual funds managed by Allianz/PIMCO, BlackRock, Eaton Vance, Franklin Advisers, Inc. (Franklin Templeton Investments), Massachusetts Financial Services Company (MFS), Thornburg and a principal protected option, Principal Plus Portfolio. For more information about the Client Select Series portfolios please go to askmerrill.ml.com to locate a Merrill Lynch branch office or click here to locate a Maine Distribution Agent.

*Participation in the NextGen plan is not considered to be part of an investment advisory service. Accordingly, investors are responsible for monitoring and making investment decisions concerning investments in any portfolio under the Program.

Does the NextGen Plan guarantee a specific rate of return?
No. The NextGen Plan does not guarantee your investment or any specific rate of return. The value of your account may increase or decrease, based on the investment performance of the investment which you select. The NextGen Plan does, however, offer a principal protected option, Principal Plus Portfolio, which provides participants with protection of the principal and a minimum rate of return, before the deduction of fees and expenses.

Please remember there’s always the potential of losing money when you invest in securities.

What if my beneficiary does not attend college?
You can choose from several options:

  • You can leave the money in the account. The money will continue to grow federal income tax-deferred and, if the beneficiary decides to attend college in the future, may be withdrawn tax-free for qualifying education expenses.
  • You can change the beneficiary to a qualifying family member of the current beneficiary with no penalty. For example, you may decide to transfer the money to an account to pay for the higher-education expenses of a younger sibling.2
  • You can make a non-qualified withdrawal. You retain control of your NextGen Account and can decide to take your money back at any time with a 10% penalty on the earnings portion only. You will also owe ordinary income tax on any earnings at your rate.

Can I still benefit from Hope Scholarship tax credits (also known as American Opportunity tax credit) and/or Lifetime Learning Credits if I contribute to a NextGen Account?
Yes. Contributing to a NextGen Account will not affect your eligibility to receive these tax credits. However, you must meet the federally mandated requirements for the credits. In general, single tax filers whose annual adjusted gross income does not exceed $48,000 and married taxpayers whose annual adjusted gross income does not exceed $96,000 can take full advantage of these credits. Taxpayers with incomes between $48,000 and $58,000 (single) and between $96,000 and $116,000 (married) are eligible to take partial advantage. Taxpayers with incomes above $58,000 (single) and $116,000 (joint) cannot use these credits at all.

Can I contribute to both a Coverdell Education Savings Account (Education IRA) and a NextGen Account in the same year?
Yes, however, this provision will expire after December 31, 2010.

Can I transfer assets from an existing UGMA/UTMA custodial account to a NextGen Account?
If you have established a custodial account for a child under the Uniform Gift/Transfer to Minors Act (UGMA/UTMA), you may be eligible to liquidate those assets and deposit the proceeds into a NextGen Account. Certain restrictions may apply. See the Program Description in the Enrollment Kit for more complete information.

Can I transfer assets from another qualified tuition program or an Education IRA to a NextGen Account?
You may be able to roll over assets from another qualified tuition program or an Education IRA to a NextGen Account. You are generally permitted one rollover of assets from another qualified tuition program each year without having to change the beneficiary. See the Program Description in the Enrollment Kit for more complete information.

Can I transfer securities to a NextGen Account?
No. You must make contributions to your NextGen Account with cash (e.g., by check or electronic funds transfers).

1 To be eligible for the favorable tax treatment afforded to any earnings portion of withdrawals from Section 529 accounts, withdrawals must be for “qualified higher education expenses,” as defined in the Internal Revenue Code.
2 You are generally permitted to change the beneficiary to another qualified member of the family, as defined under the Internal Revenue Code, without triggering income tax and penalty.

The NextGen Plan is a Section 529 plan administered by the Finance Authority of Maine. Before you invest in the NextGen plan, request a NextGen College Investing Plan Program Description from us and read it carefully. The Program Description contains more complete information, including investment objectives, charges, expenses and risks of investing in the NextGen plan, which you should carefully consider before investing. You also should consider whether your home state or your designated beneficiary’s home state offers any state tax or other benefits that are only available for investments in such state’s 529 plan. Merrill Lynch, Pierce, Fenner & Smith Incorporated is the program manager, underwriter and distributor.

Merrill Lynch Wealth Management makes available products and services offered, sponsored, managed, distributed or provided by Merrill Lynch, Pierce, Fenner & Smith Incorporated (MLPF&S) and other affiliates and subsidiaries of Bank of America Corporation, or in which Bank of America Corporation has a substantial economic interest, including BlackRock, Inc.

Investment products:
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MLPF&S is a registered broker-dealer, member Securities Investor Protection Corporation (SIPC) and a wholly owned subsidiary of Bank of America Corporation.

Any information presented about tax considerations affecting your financial transactions or arrangements is not intended as tax advice and cannot be relied on to avoid any tax penalties. Neither Merrill Lynch nor its Financial Advisors provide tax, accounting or legal advice. You should review any planned financial transactions or arrangements that may have tax, accounting or legal implications with your personal professional advisors.

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