Can you have a utma investment account?
With a UTMA, you can also include assets such as real estate, jewelry, and art. Custodial accounts can be savings or investment accounts and are usually held at a bank, brokerage, or other financial institution.
An UTMA (Uniform Transfer to Minors Act) or UGMA (Uniform Gift to Minors Act) custodial account could be a good way to invest in your child's future. By opening an UTMA or UGMA, you can invest money and watch your child's savings grow.
| State | UGMA | UTMA |
|---|---|---|
| Alabama | 19 | 21 |
| Alaska | 18 | 21 |
| Arizona | 18 | 21 |
| Arkansas | 21 | 21 |
Depending on the state a UTMA account is handed over to a child when they reach either age 18 or age 21. In some jurisdictions, at age 18 a UTMA account can only be handed over with the custodian's permission, and at 21 is transferred automatically.
Flexibility gives UTMA accounts an advantage over some other savings strategies, such as 529 Plans and Coverdell Education Savings Accounts (ESAs), which can be used only for qualified education expenses. Another difference: An UTMA account can hold more than just cash and securities.
Brokerage Account
“Simple brokerage accounts are great for children,” says Baum. “They have minimal fees and provide for a buy-and-hold strategy for long-term investing. In a brokerage account, stocks, bonds, mutual funds and ETFs can be purchased for a variety of investment options.
Who should consider an UGMA/UTMA account? Anyone can contribute up to $16,000 per child each year free of gift-tax consequences ($32,000 for married couples). This amount is indexed for inflation and may increase over time. Because contributions are made with after-tax dollars, a deduction cannot be taken.
Because money placed in an UGMA/UTMA account is owned by the child, earnings are generally taxed at the child's—usually lower—tax rate, rather than the parent's rate. For some families, this savings can be significant. Up to $1,050 in earnings tax-free. The next $1,050 is taxable at the child's tax rate.
Investment income and capital gains taxes. The minor does have to pay taxes, as they are the owner of the UTMA account. However, there are some benefits of the account belonging to the child and not the custodian. First, as of 2021, the IRS exempts $1,100 of the account's passive income or gains from taxes each year.
As the adult custodian or a UGMA or UTMA account, you're responsible for reporting any taxable gains or taxable income. If a child's custodial account has generated unearned income, you've got to report it to the IRS using Form 8615. This form needs to be submitted annually alongside the child's Form 1040.
Can a parent withdraw money from a UTMA account?
A parent can withdraw money from a UTMA account provided that they're the custodian of the account, but the custodian can only spend the withdrawn funds on the minor's behalf and for their benefit.
“Withdrawals from an UTMA account can be used to pay for non-educational expenses so long as they are used for something that is for the benefit of the minor. A car would fall into this category,” she said.
You can use the money in an UGMA or UTMA account for any purpose, not just to pay for college. 529 plan distributions are subject to a 10% tax penalty if you don't use the money to pay for qualified expenses.
When the minor beneficiary of an UTMA custodial account reaches the age of majority, the custodianship is over, and they get legal control over everything that's in the account. It's important to note that the age of majority is slightly different in each state.
You can move money from a custodial account, such as a UGMA (Uniform Gifts to Minors Act) or a UTMA (Uniform Transfers to Minors Act), to a 529 plan. But you can't do the reverse — transfer or convert from a 529 to a custodial account — without adverse tax consequences.
Generally, the UTMA account transfers to the beneficiary when they become a legal adult, which is usually age 18 or 21, but it can be later. The age of adulthood may be defined differently for custodial accounts, like UTMAs or 529 plans, depending on your state.
- Create a children's savings account.
- Leverage a 529 college savings or prepaid tuition plan.
- Use a Roth IRA.
- Open a health savings account.
- Look into an ABLE account.
- Open a custodial account.
- Set aside money in a trust fund.
- Use tools that teach the value of saving money.
Minors may not be able to open their own brokerage accounts, but family and friends can help them set up custodial or guardian accounts, and when a child begins to earn income (for at least one year), they can open an IRA.
Buying stock for someone else
It is relatively simple for parents to purchase stocks for their children. To do so, parents need to set up a custodial brokerage account — often called a UTMA (Uniform Transfers to Minors Act) or UGMA (Uniform Gift to Minors Act) account —for their children or another minor in their care.
Unlike the Coverdell ESA, which limits you to an annual contribution of $2,000 per child, the UGMA/UTMA accounts allow you to contribute up to $13,000 per year (or $26,000 for couples filing jointly) per child without incurring gift tax. Contributions above $26,000 will incur the gift tax.
What is the difference between UTMA and 529?
An UTMA account provides a way to transfer a wide variety of assets to a minor beneficiary. The funds can be spent on anything that benefits the minor. A 529 plan is a savings account that is specifically intended to help pay for educational expenses.
An UGMA/UTMA account allows you to establish a savings or investment account in a child's name, with one adult named as custodian. Each parent or grandparent can contribute up to $14,000 annually without triggering a gift tax.
Do I have to report the Dividend income on the accounts? No, you have no reporting requirement as the custodian. The income from UTMA accounts is the named child's income and is reported under his/her Social Security number.
Capital Gains Tax Rates
Short-term capital gains are taxed at your child's regular income tax rate for the first $1,000 of taxable income, then at your regular income tax rate. Long-term capital gains, which occur when your child's custodial account holds an asset for at least one year, benefit from special tax rates.
UGMA/UTMA Contributions
Contributions are not tax-deductible, however, you can give up to $15,000 (2021) and $16,000 (2022) per year ($30,000 in 2021 or $32,000 in 2022 for a married filing jointly couple) to an individual without incurring federal gift tax. Contributions are irrevocable as well.
For example, in 2021, individual filers won't pay any capital gains tax if their total taxable income is $40,400 or below. However, they'll pay 15 percent on capital gains if their income is $40,401 to $445,850. Above that income level, the rate jumps to 20 percent.
The annual exclusion for 2014, 2015, 2016 and 2017 is $14,000. For 2018, 2019, 2020 and 2021, the annual exclusion is $15,000. For 2022, the annual exclusion is $16,000.
- Keep investment income low for children. The easiest way to avoid the kiddie tax is to keep investment and other unearned income low for children. ...
- Use a 529 plan. ...
- Use a Roth IRA.
For 2021, a child can earn up to $12,550 without paying income tax and you still have the eligibility to claim the qualifying child on your tax return.
Earned income only
A child must file a tax return if their earned income is more than the standard deduction. For this year's filing, the standard deduction for a dependent child is total earned income up to $12,550. Anything earned, as in worked, under this does not need to be registered, but anything over does.
How much money can a child make and still be claimed as a dependent?
Earned Income Only
For 2021, the standard deduction for a dependent child is total earned income plus $350, up to a maximum of $12,550. So, a child can earn up to $12,550 without paying income tax. For 2022, the standard deduction for a dependent child is total earned income plus $400, up to $12,950.
It's not illegal to take money from your kids in most cases, although, of course, there are exceptions, like if the child's money is in a specific trust and you abuse the funds.
Key Takeaways. Under the Uniform Transfers to Minors Act (UMTA), money deposited into a UTMA account typically can't be withdrawn except by the child at the appropriate age. A UTMA custodian may be able to use some custodial assets for the "use and benefit of the minor."
The Uniform Gifts to Minors Act (UGMA) provides a way to transfer financial assets to a minor without the time-consuming and expensive establishment of a formal trust. A UGMA account is managed by an adult custodian until the minor beneficiary comes of age, at which point they assume control of the account.
The UTMA, which started in 1996, allows more assets including physical assets, such as real estate, art, and cars. Another key difference is the age your child gets custody of the funds. The UGMA automatically transfers to your child's custody when they turn 18 years old. The UTMA offers more options.
Cons of an UGMA/UTMA Account
A big drawback is that all assets transferred into an UGMA account law are irrevocable transfers. This means that your child owns the assets, and the child has the authority (not the parent) on how to use the funds once the child reaches the age of majority.
- There are no rules on how the money is spent. ...
- No limits on how much you can invest. ...
- Investment options are plentiful. ...
- Opening a custodial account is convenient. ...
- Limits on financial aid. ...
- Better alternatives on taxes. ...
- No change in beneficiaries.
Converting an UTMA Account
You may be able to move money from an UTMA account to a Roth IRA by first selling your UTMA mutual fund, withdrawing the proceeds from the account, contributing it to the Roth account, and purchasing shares of a mutual fund.
That said, you can get around this limit by setting up multiple ESAs for the same beneficiary if you wish. Another category of custodial accounts are the Uniform Transfer to Minors Act (UTMA) account and the Uniform Gift to Minors Act (UGMA) account.
Custodial accounts can have a heavy impact on financial aid. Because the money in a custodial account is your child's asset and not yours, federal financial aid formulas consider 20% of the money available to pay for college.
What states allow UTMA accounts?
| State | UGMA | UTMA |
|---|---|---|
| Alabama | 19 | 21 |
| Alaska | 18 | 21 |
| Arizona | 18 | 21 |
| Arkansas | 21 | 21 |
