Gifting Strategies for Grandchildren

Gifting Strategies for Grandchildren

"Custodial accounts can be a smart way to give. However, understanding the rules ensures that your gift benefits your grandchild without unintended tax or control issues."

Many grandparents want to help support their grandchildren’s future, whether by funding education, building financial security, or encouraging good saving habits. There are several gifting strategies for grandchildren. One way to do this is through custodial accounts created under the Uniform Gifts to Minors Act (UGMA) or the Uniform Transfers to Minors Act (UTMA). These accounts enable adults to transfer assets to a child, while maintaining oversight until the child reaches the age of majority.

However, there are important considerations to keep in mind when using these tools. This is especially true when the gift size, future control, or tax implications are significant.

What are UGMA and UTMA Accounts?

UGMA and UTMA accounts are custodial investment accounts that allow minors to own securities or other assets. A designated adult (the custodian) manages the account until the child reaches the age of majority, at age 18 or 21.

The custodian has a fiduciary responsibility to act in the child’s best interest and must use the funds for the child’s benefit. Once the child comes of age, they gain complete control of the assets and can use the money however they choose.

The key difference between the two account types lies in what assets they can hold. UGMA accounts are limited to financial instruments, such as stocks and bonds. UTMA accounts can also include real estate, patents, or fine art.

Tax and Financial Aid Implications

While UGMA and UTMA accounts offer flexibility and simplicity, they carry some tax and financial aid consequences. Contributions are irrevocable and considered completed gifts, meaning the money legally belongs to the child. This limits the donor’s control and introduces risks if the child misspends the funds in adulthood.

For tax purposes, the account’s income may be taxed at the child’s rate under the “kiddie tax” rules. If the income exceeds a certain threshold, part of it may be taxed at the parents’ marginal rate. Fortunately, the first portion of income is often tax-free or taxed at a lower rate, making these accounts potentially efficient for moderate investments.

On college financial aid applications, assets in a custodial account count more heavily against eligibility compared to funds held in a parent’s name. Families with financial aid goals may wish to consider 529 plans instead.

When Accounts Make Sense

UGMA and UTMA accounts can be effective for smaller gifts, particularly when the intention is to provide a child with early access to funds for school, travel, or a first car. They’re also relatively easy to set up and don’t require trust documentation.

However, for larger gifts or when long-term control is desired, a trust or 529 plan may be a more suitable option. These options allow for setting rules, limiting distributions and minimizing the impact of financial aid. Whether you use the accounts above, or other gifting strategies for grandchildren, make sure you work closely with an estate planning attorney. If you would like to learn more about gifting strategies in your estate planning, please visit our previous posts. 

Reference: Fidelity Investments (Jan. 16, 2025) “Must-know facts about UGMA/UTMA custodial accounts”

Photo by Andrea Piacquadio

 

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Information in our blogs is very general in nature and should not be acted upon without first consulting with an attorney. Please feel free to contact Texas Trust Law to schedule a complimentary consultation.
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