Who Pays Taxes on a Custodial Account? (2024)

The magic ingredient that makes investing so powerful is compounding interest.

Your returns build returns of their own, which then build even more returns. It’s like a snowball rolling downhill.

The earlier you invest, the bigger that snowball will get — which is why many parents and other adults love custodial accounts. These accounts help children build assets and generational wealth early and for a long time.

But just because the child in your life isn’t an adult yet doesn’t mean there aren’t tax consequences associated with custodial accounts.

Below, we’ll clarify who pays taxes on custodial account growth and explore a couple of other tax issues you should keep in mind.

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What is a Custodial Account?

A custodial account is a type of investment account that one person sets up for someone else’s benefit. That “someone else” is called the beneficiary.

There are two broad types:

  • Uniform Gift to Minors Act (UGMA)
  • Uniform Transfers to Minors Act (UTMA)

UGMAs and UTMAs are quite similar, but they do have a few differences, including:

  • UTMAs aren’t available everywhere that UGMAs are
  • UTMAs allow you to invest a broader range of assets

In both cases, the person who sets up the account — the custodian — has a fiduciary duty to the account beneficiary, meaning they must act in the beneficiary’s best interest.

So, any investments they make must be for the beneficiary’s benefit — not their own.

Custodial accounts are most commonly used by parents or guardians that want to give their children a head start on financial goals, such as buying a house, getting married, or going to college.

But, grandparents, aunts and uncles, and other family members or friends can also set up and contribute to a custodial account for a child.

Unlike savings accounts, custodial accounts can be used to purchase investments like stocks and bonds. This means that the beneficiary of the account could earn much higher returns, depending on market performance.

Custodial accounts are often an attractive option because of their flexibility.

When the beneficiary comes of age, they can use the funds however they’d like, unlike a 529 plan, which requires the child to use the funds for educational expenses.

Who Pays Taxes on a Custodial Account? (1)

The most confusing part for many adults who open up a custodial account is the taxes.

Who pays taxes and whose tax bracket applies when the adult manages the account, but the account belongs to the kid?

We’ll cover that next.

How Do Taxes Work with a Custodial Account?

The child beneficiary technically owns the custodial account — not the custodian. It’s the beneficiary's Social Security number that is attached to the account.

Thus, the child is the one who technically needs to pay taxes. But, it’s not as simple as it sounds.

First of all, a specific amount of the child's income is exempt from federal income tax. The exempt amount increases most years to adjust for inflation, so make sure you check how much qualifies each year.

For the tax year 2023, the child’s first $1,250 of unearned income is tax-free. The next $1,250 is taxed at the child's marginal tax rate.

This is likely to be minimal — in the 10% or 12% brackets — since most minors don’t earn a substantial income.

Who Pays Taxes on a Custodial Account? (2)

Finally, any unearned income the child makes in this account beyond $2,500 is taxed at the parent’s or guardian’s tax rate.

This tax rule is known as the Kiddie Tax.

The IRS created the Kiddie Tax in 1986 to prevent parents from placing assets in their children’s names to avoid taxes. It applies to children 19 or younger or full-time dependent students under 23.

Let’s illustrate each possible tax scenario with some quick examples:

  • If the child has $800 in unearned income in their account this year, nothing is subject to taxes.
  • If the child receives $2,000 in unearned income this year, $750 would be subject to taxes at the child’s tax rate.
  • If the child makes $2,400 in unearned income, $1,250 is tax-free, $1,050 is taxed at their rate, and $100 is taxed at the parent’s or guardian’s rate.

It’s important to note these taxes only relate to unearned income. That means the child is only taxed on realized gains from selling an asset or investment income, such as bond interest or dividends — money deposited into the account isn’t taxed.

If they don’t earn any investment income or realize any capital gains, they won’t owe taxes.

Children can also take capital losses — when they sell an asset such as stock for less than they bought it for. These losses can be used to offset gains and reduce unearned income on their current or future returns.

Who files the tax return?

Generally, a tax return would need to be filed on behalf of the child by their legal representative (typically their parent or guardian).

However, under certain circ*mstances, the parent or guardian can report a child’s unearned income on their own tax return by filing Form 8814.

For this option to be possible, the following must be true:

  • The child is under 19, or under 24 and a full-time student
  • Their annual gross income was less than $12,500
  • Their income was only from interest and dividends (including capital gain distributions and Alaska Permanent Fund dividends)
  • No estimated tax payments were made for them during the tax year
  • They have no overpayment from the previous tax year (or from any amended return) applied to the current tax year
  • No federal income tax was withheld from their income under the backup withholding rules.

Other Custodial Account Tax Matters

There are a couple of other tax concerns to think about when managing a child’s custodial account.

These deal with gifting the child money for their account and yearly contribution limits.

Let’s look at both these issues.

Gift taxes

The federal government charges a gift tax on money or property you transfer to someone else without receiving the equivalent value in return.

This applies to giving a child money as a gift to invest within their custodial account.

Luckily, the exemption amount is high — for the 2023 tax year, you can give up to $17,000 to a child’s account without having to file a gift tax return.For 2024, that number will be $18,000.

You also have a lifetime exclusion amount of $12.92 million for 2023 and $13.61 million for 2024, which generally increases every year for inflation.

If you gave more than $17,000 to one child during 2023, you must file IRS Form 709, the gift tax return. The IRS deducts any amount above $17,000 from your lifetime exclusion amount.

Who Pays Taxes on a Custodial Account? (3)


For example, if you gave the child in your life $20,000 this year, you’d deduct $3,000 from your lifetime exclusion amount.

That said, you won’t owe any gift taxes until you exhaust your entire lifetime exclusion amount and you gift someone more than $17,000 in a year.

For instance, you could exceed your lifetime amount and still gift the beneficiary $14,000 per year without filing a gift tax return or paying any gift taxes.

In most cases, a child can receive a significant amount of donations to their custodial account each year from parents, relatives, or other people without anyone worrying about gift taxes.

Contribution limits

Custodial accounts don’t have a contribution limit. Custodians, beneficiaries, and relatives can contribute as much as they’d like without penalties.

Again, keep in mind gift tax amounts when contributing to the child’s account.

Getting Custodial Account Taxes Right

Opening a custodial account for the child in your life can be an excellent way to set them up for future financial success. But, as with anything related to money, you must consider the tax consequences.

You may owe taxes at both your rate and the child’s, and they might even have to file a tax return.

The most important thing for custodians to do is keep track of the account’s profits and your own gifts so you know what needs to be reported at tax time and you don’t run into any tax issues later.

Visit EarlyBird to learn more about how you can invest in the children you love.

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This page contains general information and does not contain financial advice. All investments involve risk. Any hypothetical performance shown is for illustrative purposes only. Actual investment performance may be different for many reasons, including, but not limited to, market fluctuations, time horizon, taxes, and fees. Please consult a qualified financial advisor and/or tax professional for investment guidance.

Who Pays Taxes on a Custodial Account? (2024)

FAQs

Who Pays Taxes on a Custodial Account? ›

Unlike 529 plans and ESAs, custodial accounts are subject to the so-called "kiddie tax." This tax rule applies to unearned income (i.e., investment income) up to a certain threshold. Over that threshold, the child will pay taxes at the parent's tax rate.

Who is responsible for taxes on an UTMA account? ›

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.

What are the rules for a custodial account? ›

The custodian of the account controls how money in it is invested and spent. The custodian must manage the account, can invest in most types of assets, and must use the funds in the beneficiary's best interest until the beneficiary reaches the age of majority – age 18, 21 or even 25, depending on the state.

Can a parent take money from a custodial account? ›

Gifts are irrevocable: Contributions to a custodial account are considered irrevocable—meaning you can't get that money back—and funds can be withdrawn by the custodian only to pay for expenses that would directly benefit the child before the age of majority.

What happens to a custodial account when the child turns 18? ›

Here are the logistical details: The adult custodian opens the account for a specific child. The adult can then add money to the account and choose investments. When the child reaches a certain age (generally between 18 and 25, varying by state), assets and control of the account must be transferred to them.

Do parents report UTMA on taxes? ›

Gift taxes

This includes gifts to a child's UTMA. In 2023, you can give up to $17,000 per recipient without reporting it to the IRS. For example, you could give $17,000 each to three UTMAs and not have to report any of it. Any amount above that threshold must be reported using IRS Form 709.

What are the disadvantages of an UTMA account? ›

Cons
  • Greater impact on financial aid. Because they're held in the name of the child, UTMA/UGMA accounts hurt financial aid eligibility more than comparable 529 plans.
  • Money becomes the child's at majority. ...
  • Transfers are irrevocable.
Mar 31, 2023

How do custodial accounts avoid taxes? ›

Gift taxes

This applies to giving a child money as a gift to invest within their custodial account. Luckily, the exemption amount is high — for the 2023 tax year, you can give up to $17,000 to a child's account without having to file a gift tax return. For 2024, that number will be $18,000.

What are the cons of a custodial account? ›

Disadvantages of Custodial Accounts

Since the holdings count as assets, they may reduce a child's financial aid eligibility when they apply for college. 3 It could also reduce their ability to access other forms of government or community aid.

What is the difference between a custodial account and an UTMA account? ›

Types of custodial accounts

UGMA accounts allow adults to give minors cash or securities. UTMA accounts are similar, but they also allow transfers of real estate, art and other assets not permitted in a UGMA account.

Do I pay taxes on a custodial account? ›

Unlike 529 plans and ESAs, custodial accounts are subject to the so-called "kiddie tax." This tax rule applies to unearned income (i.e., investment income) up to a certain threshold. Over that threshold, the child will pay taxes at the parent's tax rate.

Are withdrawals from a custodial account taxable? ›

No, UGMA accounts are not tax-deferred. This means that unearned income from the account is eligible for taxation each year. While you may not always need to file or pay taxes on unearned income, it is important to ensure that your child's earnings have not exceeded the reporting thresholds set by the IRS each year.

Are custodial accounts a good idea? ›

Bottom line. A custodial account is a great way to give minors cash, securities and other investments. That said, keep in mind the tax and financial aid implications and the fact that withdrawals must be used for the benefit of the minor.

What are the pros and cons of a custodial account? ›

Custodial accounts come with specific benefits and drawbacks. The main advantage is the account's flexibility. Another benefit is that custodial accounts are relatively inexpensive compared to trusts. The chief disadvantage is that custodians lose control of the money once the minor reaches the age of majority.

Is a custodial account better than a 529? ›

In general, it's likely better to give money to people using custodial accounts because it's a gift that comes with no restrictions or strings attached. The heavy restrictions of a 529 are only worth dealing with if the tax benefits are very high and you're certain that the recipient will use the money for education.

What is the limit on a custodial account? ›

Anyone can contribute to a custodial account—parents, grandparents, friends, other family—with no contribution limits, making them valuable gift opportunities for major milestones and celebrations. Individuals can contribute up to $18,000 free of gift tax in 2024 ($36,000 for a married couple).

Who is obligated for the payment of taxes in a Uniform Transfers to Minors Act UTMA account? ›

Once the child reaches a specified age set by the state, the child will have full control over the property. Gifts to the minor are exempted up to $15,000 a year from Federal taxes, but the minor will be required to pay taxes beyond this amount.

What is the tax liability for UTMA? ›

Here is what you need to know, based on 2021 tax laws: The first $1,100 in earnings in the UTMA account are tax-free. This earnings figure includes dividends, interest income, and any capital gains. The next $1,100 in earnings is taxable at the child's tax rate.

Is the custodian the owner of a UTMA account? ›

The money then belongs to the minor but is controlled by the custodian until the minor reaches the age of trust termination. The custodian has the fiduciary responsibility to manage the money in a prudent fashion for the benefit of the minor. Custodial accounts are most often established at banks and brokerages.

Can custodians take money out of UTMA? ›

Anyone can contribute to a UTMA account, but their contribution is considered an irrevocable gift. This means only the custodian has the right to withdraw funds, and it has to be for the child's benefit. The custodian has a fiduciary duty to act in the child's best interest.

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