This act amends tax code to allow certain child care expenses for children under five to be treated as qualified higher education expenses for 529 savings plans.
Kristen McDonald Rivet
Representative
MI-8
This act establishes the Early Education Savings Program, amending the tax code to allow certain child care expenses to be treated as qualified higher education expenses under 529 college savings plans. Specifically, it permits funds to be used for the qualified child care of a designated beneficiary under the age of five. This change broadens the utility of 529 savings plans to support early childhood education costs.
The new Early Education Savings Program Act is making a significant change to how families can use their 529 college savings plans. Currently, 529 funds are strictly for qualified higher education expenses. This bill expands that definition to include certain child care expenses for a 529 beneficiary, provided that child is under five years old (SEC. 2).
This means parents can now tap into their tax-advantaged college savings accounts to pay for the high costs of early childhood care. The change is set to apply to expenses paid or incurred immediately after the bill becomes law, giving families a new tool to manage the financial crunch of the baby and toddler years while still saving for the future.
For many families, the cost of child care between birth and kindergarten is often the single largest expense, sometimes rivaling a mortgage payment. This bill directly addresses that reality by allowing parents to use 529 funds to cover these costs. Think of it this way: instead of having money locked away until your kid turns 18, you can use those savings when you need them most—in the early years when both expenses and the need for care are highest.
For example, if you're a young couple with a three-year-old in a licensed day care center, you could pay those monthly fees directly from your 529 account. This move effectively turns the 529 plan into a more flexible, dual-purpose savings vehicle for both immediate child care needs and future tuition.
Before you start reimbursing yourself for the neighbor kid watching your toddler, there are specific rules on what counts as “qualified child care” under this act (SEC. 2). The care must be provided for compensation and on a regular basis by a center-based provider, a family child care provider, or another service provider. Crucially, the provider must meet two conditions:
First, they cannot be an individual related to all of the children receiving care. This means your mother or sister watching your child likely won't qualify, even if you pay them.
Second, the provider must be licensed, regulated, or registered under State law. This is a major detail. It aims to ensure that the funds are supporting formal, regulated child care settings. If you rely on an unlicensed, unregistered provider—which is common in some areas, especially rural ones—those expenses won't qualify for the 529 withdrawal. This requirement puts pressure on providers to formalize their operations if they want to accept funds from these tax-advantaged accounts.
This legislation is a big deal for families juggling today’s bills with tomorrow’s college costs. By allowing tax-free withdrawals for child care, it relieves immediate financial pressure and might encourage more families to start 529 savings plans earlier, knowing they have a backup use for the funds if needed. It acknowledges that early childhood care is a necessary stepping stone to education and career stability for parents.
However, the strict definition of qualified care means families relying on informal networks—like a trusted neighbor or relative—won't see the benefit. For them, child care expenses remain outside the scope of this tax break. Ultimately, this bill offers significant financial flexibility to parents who use formal, regulated child care settings, helping them bridge the gap between saving for college and affording the present.