Family Education Assistance Act of 1985

Family Education Assistance Act of 1985 - Amends the Internal Revenue Code to allow an individual taxpayer an income tax deduction for contributions to a savings account established to pay the educational expenses (tuition, supplies, books, meals, lodging, travel, and personal expenses) at an institution of higher education or a vocational school of a child or another person with respect to whom the individual has been appointed guardian. Sets the maximum amount of the deductions for any taxable year at $1,000 for one eligible student, or $2,000 for two or more eligible students. Provides that the sum of the contributors' deductions may not exceed $1,000 annually per eligible student.

Disallows deductions made before January 1, 1990, to an education savings account established for the benefit of an individual who has attained age 22 before the close of the calendar year in which such contribution is made. Disallows deductions made on or after January 1, 1990, to an account for the benefit of an individual who has attained age 19 before the close of the calendar year in which such contribution is made.

Provides that no account may have more than one beneficiary and that no individual may be the beneficiary of more than one account. Requires assets in an education savings account be distributed after the individual for whose benefit the account is established attains age 27.

Includes distributions from an education savings account in the gross income of the recipient except for: (1) distributions used to pay educational expenses; (2) distributions to another education savings account or to an eligible educational institution; and (3) excess contributions returned before the due date of the return of the individual making the excess contribution.

Provides that an education savings account is exempt from taxation except for the tax on unrelated business income. Revokes the tax exemption of the account where the individual for whose benefit the account is established or an individual who contributed to such account engages in certain prohibited transactions with the account. Imposes a penalty tax of ten percent on the distribution of amounts which are improperly used.

Requires the trustee of an education savings account to file reports with the Secretary of the Treasury on the maintenance of the account. Imposes a penalty for failure to file required reports.

Extends the deduction for contributions to an education savings account to taxpayers who do not otherwise itemize deductions. Provides that contributions to an education savings account are not subject to the gift tax.