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The Uniform Transfers to Minors Act, or UTMA, is a law that allows minors to receive gifts without the need to establish a separate trust. As long as there is an appointed adult custodian to oversee account transactions, UTMA accounts can be a useful tool to keep certain property in a child’s name.
Simply put, UTMA exists to allow minors to receive property. It’s similar in nature to UGMA, or the Uniform Gifts to Minors Act, but not quite the same. UGMA allows a minor account to hold stocks, bonds, cash, and other standard financial instruments, while UTMA allows all the same privileges but also permits real property and real estate.
UTMA accounts aren’t tax-exempt either. Any unearned income over $2,300 arising from UTMA accounts -- such as dividends, interest, and capital gains -- is taxed at the parents’ rate. This is widely known as the kiddie tax.
In certain cases, if your child’s total unearned income is $11,000 or less, it’s possible to include it on the parents’ income tax return (and not have to file an additional income tax return for the child).
The UTMA account becomes the sole property of the minor when they reach a certain age, which varies from state to state. This is sometimes known at the “age of termination,” or the “age of majority.” The age of termination is usually 18 or 21, but it depends on the state of residence.
When it comes to Social Security, UTMA accounts are not seen as available resources for children applying for disability payments. This logically makes sense. Because property is deposited by someone other than the minor (usually a parent or guardian), and the minor has no immediate access to or control over the assets in question, the UTMA account should not be seen as an “available resource.”
However, once the minor reaches the age of termination, all funds in the name of the minor are then considered available for support. It is the responsibility of the account custodian to be mindful of this transition since a minor child receiving Social Security distributions for years could suddenly have them limited or turned off if the UTMA balance is substantial.
Custodians for UTMA accounts are usually either the parent or guardian of the minor beneficiary. This is the most administratively easy choice, although, depending on the family dynamic, it’s possible that a bank or trust company could be appointed custodian. It’s the custodian’s responsibility -- and fiduciary duty -- to manage the account assets prudently until the minor reaches the age of termination.
Let’s take a quick look at the similarities and differences between the two account types:
You’ll note that UTMA and UGMA accounts are quite similar; the main difference is the additional types of property you can hold in UTMA accounts.
UTMA and UGMA accounts can be of some use in certain situations, but they don’t offer much in the way of tax savings. There are other accounts, such as 529 plans and Roth IRAs, that can be of use in increasing money for a particular goal like a future education. But for those looking for an additional way to help a child get a leg up, UTMA and UGMA accounts are a viable option.
If you’re seeking an unlimited way to save money for your child, UTMA and UGMA accounts can be useful tools. Be sure to understand your roles and responsibilities as a fiduciary if you’re appointed custodian since you’ll want to abide by the law while doing the right thing for your child.
