@Blair Carney - I will start off that I am neither a CPA or Tax Professional
My plan for my children is the same. From my research, yes, you are able to use 529 funds to pay for off campus housing. Whether that is to a LLC that you own or a 3rd party landlord/company.
There are some guidelines you will would want to follow....
- Yes, your son will need to pay rent. That is how you are able to use the 529 funds.
- The rent paid with 529 funds can not exceed the published housing costs that each university posts (they typically list On campus and Off campus housing costs).
- Treat your son and any other tenants equal and as if they were any other tenant (sign a lease, equal rents, etc). You need to be able to show that you are not trying to evade anything if you were to ever be audited.
- I'd have the house owned or at least "managed" by an LLC to whom the rent is paid. That again prevents the appearance of you paying yourself.
Again, I'd have a conversation with your tax professional, but that is the understanding that I have.