2023 Legislation Expands Qualified Education Expenses for New Mexico Taxpayers


2023 Legislation Expands Qualified Education Expenses for New Mexico Taxpayers


- min read

Layout canvas

Beginning June 16, your tax-advantaged 529 savings plan will cover more education-related expenses, thanks to new legislation passed during New Mexico’s 2023 legislative session.

If you’re a New Mexico resident who is contributing to a 529 education savings account with The Education Plan, you now can receive a tax deduction for contributions used for a wider range of federally qualified education expenses, including:

  • Up to $10,000 a year to cover expenses for tuition in private K-12 schools
  • Up to $10,000 in student loan repayments
  • Apprenticeship-related expenses (for programs registered under The U.S. Department of Labor)
  • Rollovers to Roth IRA retirement accounts and ABLE Accounts, savings accounts for New Mexicans living with disabilities

Recently enacted legislation expands the benefits of 529 plans for New Mexicans without restricting or eliminating any of your savings plan’s existing benefits, including the power to cover tuition and fees, books, supplies, room and board, computers, and special needs educational services at universities, community colleges, trade schools, or vocational schools. (For more on 529 basics, visit The Education Plan’s website.)

Opportunities for New Mexico Families

The unanimous vote in the New Mexico legislature to expand 529 benefits was backed by Rep. T. Ryan Lane, Minority Floor Leader, and Senator Peter Wirth, Majority Floor Leader, and was signed into law in March 2023 by Gov. Lujan Grisham.

The new law will be welcome news for New Mexico families looking for more options for their education savings. “Not only can our families continue to use their 529 education savings accounts for future education planning, but now we have unleashed the opportunity for so many families to utilize this fund for both private K-12 education and for apprenticeships post-high school,” Rep. Lane said. ”Aligning our state law governing 529 plans with updated federal law, we have secured a path forward for so many working families to use the power of their savings accounts to create educational opportunities for their children and grandchildren.”


Traditionally, 529 plans were reserved for post-secondary education expenses. But the new benefit expansion will provide much-needed relief for parents with younger children, children with disabilities, families with student loans, and students who choose to participate in apprenticeship programs.

  • K-12 Education Opportunities. The new bill aligns with recent federal legislation allowing families to use up to $10,000 annually per beneficiary in 529 account funds to pay for private elementary or secondary school tuition, including some religious schools.
  • Student Loans. Another exciting benefit–owners of 529 accounts can now use tax-advantaged 529 plan distributions to pay the principal or interest on qualified loans for the account’s designated beneficiary. In addition, the legislation allows 529 funds to pay student loans for the siblings of beneficiaries without changing the account's beneficiary.
  • Retirement Accounts. In most cases, if you pull funds from a 529 account for expenses unrelated to education, you face taxes and penalties. However, if you’re the beneficiary of a long-standing 529 account (one set up at least 15 years ago), you can boost retirement savings by transferring up to $35,000 to a ROTH IRA retirement savings account without incurring penalties. See more details on restrictions/limits at TheEducationPlan.com.

Apprenticeship Programs Now Qualify

Trade schools, vocational schools, and apprenticeship programs offer great opportunities to learn well-paid skills and trades that are in demand. Now, 529 funds can be used to pay for the fees, books, supplies, and equipment required for vocational training and apprenticeships which provides students with more options to participate in programs that will build the next generation of our labor force. There are over 27,000 registered apprenticeship programs nationwide, according to the U.S. Department of Labor. Apprenticeships offer training in a wide range of industries from healthcare to engineering and manufacturing. To learn more about qualified apprenticeship programs, visit the DOL’s “Apprenticeship USA” website.

Start Small but Start Today!

This new bill makes a 529 account with The Education Plan even more beneficial for New Mexico taxpayers. Be on the lookout for more about these new 529 plan benefits in the coming months.

For now, if you haven’t opened a 529 account yet, remember that you can open an account with no minimum initial contribution required. Visit our website to open an account or to learn more about saving for education through a 529 plan today.


Recent Articles

A College Savings
Award Program

The deadline to apply for the Saving for Success Award is December 21, 2022.


Ready to get started?
We can help!




The Education Plan® and The Education Plan® Logo are registered trademarks of The Education Trust Board of New Mexico used under license.

Privacy & Cookie Policy

Phone: 1-877-337-5268
We're available Monday to Friday 8 a.m. to 7 p.m. MT


For more information about The Education Plan, call 1.877.337.5268 or view the Plan Description and Participation Agreement, which includes investment objectives, risks, charges, expenses, and other important information; read and consider it carefully before investing.

Please Note: Before you invest, consider whether your or the beneficiary’s home state offers any state tax or other state benefits such as financial aid, scholarship funds, and protection from creditors that are only available for investments in that state’s qualified tuition program. You also should consult a financial, tax, or other advisor to learn more about how state-based benefits (or any limitations) would apply to your specific circumstances. You also may wish to contact directly your home state’s 529 plan(s), or any other 529 plan, to learn more about those plan’s features, benefits and limitations. Keep in mind that state-based benefits should be one of many appropriately weighted factors to be considered when making an investment decision.

The Education Plan is administered by The Education Trust Board of New Mexico. Ascensus College Savings Recordkeeping Services, LLC, the Program Manager, and its affiliates, have overall responsibility for the day-today operations, including investment advisory, recordkeeping and administrative services. The Education Plan’s portfolios invest in: (i) mutual funds; (ii) exchange traded funds; and/or (iii) a funding agreement issued by New York Life. Investments in The Education Plan are not insured by the FDIC. Units of the portfolios are municipal securities and the value of units will vary with market conditions.

Investment returns will vary depending upon the performance of the portfolios you choose. You could lose all or a portion of your money by investing in The Education Plan depending on market conditions. Account owners assume all investment risks as well as responsibility for any federal and state tax consequences.

Ugift is a registered service mark of Ascensus Broker Dealer Services, LLC.

The Education Plan® and The Education Plan® Logo are registered trademarks of The Education Trust Board of New Mexico used under license.

All other marks are the exclusive property of their respective owners.

Not FDIC-Insured. No Bank, State or Federal Guarantee. May Lose Value.