What Are the Rules for a Custodial Brokerage Account? (2024)

Custodial brokerage accounts can help you set your child up for financial success. Unlike a savings account you might open for your child, these brokerage accounts allow your kid to benefit from the wealth-generating potential of the stock market. And unlike 529 accounts, which generally also provide some exposure to the markets, custodial brokerage accounts can be used to fund much more than just education.

They work similarly to an investment account that you would open for yourself. But they have their own rules and regulations. Here’s what you need to know.

Who can contribute to a custodial brokerage account?

Parents, guardians, friends and family members can all put money into a child’s custodial brokerage account. But only the person who set up the account (the custodian) can choose how that money is invested.

What are the contribution limits for custodial accounts?

Unlike 529 accounts, custodial brokerage accounts come with no contribution limits, meaning you can invest as much money as you’d like for your child’s future. That said, those who make large gifts may face gift taxes each time their contributions to any one recipient exceed $15,000 in a year.

How do gift taxes work with custodial accounts?

If you give more than $15,000 (or $30,000 as a couple) to any one recipient, you may incur a gift tax. These taxes are generally charged to the giver, not the recipient. Be sure to check with your financial advisors or tax professionals to determine if you may incur a gift tax.

Will my child owe taxes from a custodial account?

Although the account is the property of the child, the custodian is responsible for managing it. If you’re the custodian, you will be responsible for filing tax forms on your child’s behalf for any gains and ensuring taxes are paid. As long as you’re still the custodian, the first $1,100 of any investment income may be tax-exempt annually (as of 2020), and the next $1,100 is often taxed at the child’s tax bracket (generally 10 to 12 percent). But once gains reach about $2,200, your child will be taxed using brackets and rates for trusts and estates—which may actually be higher than the parents’ tax rates. This is referred to as the Kiddie Tax.

But there’s one big caveat: Gains are only taxed when they are realized, or when investments are sold. If you’re investing for your child’s long-term future, you probably won’t be selling assets for years or decades. So any annual gains would generally just come from interest or dividend payments, the small regular bonuses some companies or funds give shareholders as a thank you.

While different investments offer different dividend payout rates, you’d generally need a sizable balance before your child’s custodial account produces enough taxable income to reach even the $1,100 threshold. Once ownership of the brokerage account is transferred over to your child—typically when he or she is 18 or 21, depending on the state—your child will typically be taxed at normal capital gains tax rates for withdrawals, based on his or her income bracket.

One exception: Children under 19 years old—or 24, for full-time students—who file as part of their parents’ tax return can avoid paying taxes on the first $1,100 of investment gains, even after they’ve assumed ownership of the account. The next $1,100 would be taxed at the child’s bracket (as of 2020). Unearned income of more than $2,200 would be taxed at the parents’ rate. There may be exceptions that can vary from situation to situation and state to state. Please consult with your financial adviser or tax professional regarding your specific situation."

What are my investment options for a custodial account?

Custodial brokerage accounts function much like regular brokerage accounts. This means you have access to the same array of investment options, from exchange-traded funds (ETFs) and mutual funds to individual stocks. You can also opt for predesigned diversified mixes, like those you’d find in an Acorns portfolio.

Who controls my child’s custodial account?

As custodian, you are in control of your child’s custodial account until he or she reaches your state’s age of majority. Depending on your state of residence, this is normally 18 or 21, though certain states may allow you to select an even later age for your child to take control of the custodial account.

While the prospect of an 18 or 21-year-old suddenly becoming in charge of an investment portfolio can seem scary, you can use the years leading up to their adulthood to help them develop good money habits and a healthy relationship with spending and saving, such as teaching them how to create a budget.

Can I take money out of my child’s custodial account?

All money put into a custodial brokerage account becomes irrevocably your child’s. That means you can’t withdraw money for your own personal use after you’ve contributed it. While you can technically withdraw money from a custodial account before your child reaches the age of majority, you can only do so for the direct benefit of the child. That means any purchases must be to help your child, like buying new school clothes or braces. Keep in mind that any funds you take out may also create taxable gains for your child, and that withdrawn money won’t have as much time to grow.

What can I use funds in a custodial account for?

Custodial brokerage accounts don’t come with the same kinds of limitations as 529 accounts, which can only be used to finance educational expenses. Once a child assumes ownership of his or her custodial brokerage account, he or she can use the money for anything—from educational expenses to a down payment on a home. Before your child takes control of the custodial account, you can withdraw and spend the money you invest in it in any way that directly benefits your child.

Can I transfer funds in a custodial account to another child?

Because all money contributed to a custodial brokerage account becomes irrevocably the beneficiary's, you cannot transfer funds or accounts from one child to the next. This is in contrast to 529 accounts, which can be transferred among family members and can even be used for a parent’s own educational expenses.

Will my child’s financial aid be affected by a custodial account?

Because any assets held in a custodial brokerage account are legally your child’s, they weigh more heavily in the Free Application for Federal Student Aid (FAFSA) calculations. Funds held in 529 accounts are considered less heavily. Keep in mind, though, that even money in a child’s savings or checking account is weighed more heavily than funds in a 529 plan.

This material has been presented for informational and educational purposes only. The views expressed in the articles above are generalized and may not be appropriate for all investors. The information contained in this article should not be construed as, and may not be used in connection with, an offer to sell, or a solicitation of an offer to buy or hold, an interest in any security or investment product. There is no guarantee that past performance will recur or result in a positive outcome. Carefully consider your financial situation, including investment objective, time horizon, risk tolerance, and fees prior to making any investment decisions. No level of diversification or asset allocation can ensure profits or guarantee against losses. Article contributors are not affiliated with Acorns Advisers, LLC. and do not provide investment advice to Acorns’ clients. Acorns is not engaged in rendering tax, legal or accounting advice. Please consult a qualified professional for this type of service.

What Are the Rules for a Custodial Brokerage Account? (2024)

FAQs

What are the rules for a custodial brokerage account? ›

Money put into a custodial account belongs to the child—it's called an irrevocable gift. At the age mandated by the state, the custodian (often a parent) must transfer control to the child. At that point, they can do whatever they want with the money. There's no limit to the amount you can put into an UGMA/UTMA.

What are the rules for UTMA accounts? ›

The main advantage of using a UTMA account is that the money contributed to the account is exempted from paying a gift tax of up to a maximum of $16,000 per year for 2022 ($17,000 for 2023). 2 Any income earned on the contributed funds is taxed at the tax rate of the minor who is being gifted the funds.

What is a custodial brokerage account? ›

What is a custodial account? The Schwab One® Custodial Account is a brokerage account that allows you to make a financial gift to a minor and help teach them about investing. It is set up and managed by an adult, and turned over to the child when he or she reaches the age of majority.

What is the limit for 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 $17,000 free of gift tax in 2023 ($34,000 for a married couple).

Can a parent take money out of a custodial account? ›

No. Money and assets deposited into a custodial account immediately and irrevocably become the property of the child. In other words, you can't take the assets back or give the assets to someone else.

Who pays taxes on child custodial accounts? ›

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.

When can you take money out of a UTMA account? ›

On a UTMA account, you can withdraw and can be made at any time for any reason without penalties. However, the income on the account is taxable to the child and may be taxed at the parent's tax rate if the child's unearned income exceeds $1,200 for the year.

Do parents pay taxes on UTMA accounts? ›

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.

Who is obligated for the payment of taxes in an UTMA account? ›

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.

What is the downside of custodial account? ›

The chief disadvantage is that custodians lose control of the money once the minor reaches the age of majority. Having custodial accounts can also negatively affect the financial aid prospects of a child.

What are the disadvantages of custodial accounts? ›

Downsides of custodial accounts
  • Financial aid: Custodial accounts are considered the child's property — and assets. ...
  • Lack of tax breaks: While custodial accounts include tax advantages, they also exclude other tax benefits. ...
  • Irrevocable: A custodial account legally belongs to its beneficiary — the child.
Mar 3, 2021

Do I need to report custodial accounts on taxes? ›

Any income from a child's custodial account belongs to the child. If that income exceeds certain thresholds, you'll need to file a separate federal income tax return for the child using Form 1040, 1040A, or 1040EZ.

What happens to custodial account when child turns 21? ›

What Happens to an UTMA When a Child Turns 21? When the child beneficiary of a custodial account reaches the age of majority in your state, everything in the account will pass onto them.

What happens to custodial account when child turns 18? ›

Often small inheritances received while the child was a minor (such as $5,000 gift from a deceased aunt) are often held in custodial accounts in the parent's name for the minor's benefit. At 18, however, any child custodial accounts held for their benefit become immediately payable, unless age 25 is specified.

What happens to custodial account when custodian dies? ›

4. If the custodian dies or becomes incapacitated, the custodian's legal representative shall transfer the custodial property to a successor custodian.

Who owns the money in a custodial account? ›

Assets and income in a custodial account belong to the minor beneficiary (the child). Minors with unearned income such as interest, dividends, and capital gains, generally have to file an income tax return if, among other things, their unearned income is over $1,250 (in 2023).

Are custodial brokerage accounts a good idea? ›

A custodial account can be a great way to save up money for your child's future. A custodial account provides a lot of flexibility for how you want to invest and use the funds as opposed to a 529 account which has specific rules around how you can spend the money.

How does the IRS know who the custodial parent is? ›

For tax purposes, the custodial parent is usually the parent the child lives with the most nights. If the child lived with each parent for an equal number of nights, the custodial parent is the parent with the higher adjusted gross income (AGI).

What expenses can be paid from a custodial account? ›

What Expenditures Are Proper?
  • Note: As custodian, you're supposed to be able to account for where the money went. ...
  • Costs of education. ...
  • Car for the child. ...
  • Paying taxes on the account's income. ...
  • Transfer to another child. ...
  • Paying family expenses.

How does the IRS prove custodial parent? ›

Proof of Relationship

We may ask you to send us copies of: Birth certificates or other official documents that show you are related to the child you claim.

What happens if you take money out of a custodial account? ›

While you can technically withdraw money from a custodial account before your child reaches the age of majority, you can only do so for the direct benefit of the child. That means any purchases must be to help your child, like buying new school clothes or braces.

Can a parent close a UTMA account? ›

Unfortunately, a UTMA is an irrevocable account and legally belongs to your child. This means you cannot simply terminate it like you would a living trust or your own accounts.

What are the benefits of custodial account? ›

Advantages of Custodial Accounts

Custodial accounts have enormous flexibility. There are no income or contribution limits, and no requirements to make regular distributions at any point. Also, there are no withdrawal penalties.

What are the disadvantages of UTMA accounts? ›

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.

What is the Kiddie Tax rule? ›

The kiddie tax applies once the dependent's unearned income surpasses the $2,300. Their own marginal tax rate will apply for unearned income between $1,150 and $2,300. It is something that must be accounted for with income from investments, except for income that comes from 529 plans.

Does the parents or the child file taxes on a UTMA custodial account? ›

The income from a custodial account must be reported on the child's tax return and is taxed at the child's rate, subject to the Kiddie Tax rules. The parent is responsible for filing an income tax return on behalf of the child. There is no special tax treatment for UGMA accounts.

Who owns the funds in a UTMA account? ›

A UTMA account is legally owned by the child and even lists the child's Social Security number. The funds are controlled by a “= custodian,” but the custodian is required to hold and use the money for the benefit of the child.

How do I get money out of my custodial account? ›

You must be able to prove, as the custodian, that the minor directly benefits from the money being spent. You aren't able to withdraw money from a custodial account for your own individual expenses. If you are the beneficiary of the custodial account, you can withdraw funds once you legally become an adult.

Who gets 1099 for a UTMA account? ›

A Form 1099-B or 1099-DIV should be received at the end of the tax year from the financial institution handling the UGMA/UTMA account to report any interest or earnings on the account. For additional information regarding this topic, please refer to UGMA & UTMA Custodial Accounts.

What is better than a custodial account? ›

If you are looking for tax advantages, you probably want to consider a 529 plan. Using funds from a custodial account on education does not come with tax benefits. However, the IRS considers the minor the owner.

Is a trust better than a custodial account? ›

Custodial property will be given to minor outright when they reach age 18 or 21, depending on whether the decedent specified an age to transfer the property to the minor. Trusts offer much more flexibility in this area. You can decide to give the minor control of the property upon reaching age 25, 30, or any other age.

How much are custodial accounts taxed? ›

Assuming your child has no earned income, the following rates apply for the 2022 tax year: The first $1,150 of a child's unearned income is not taxed. The next $1,150 is taxed at the child's rate, which is usually lower than the parent's. Any amount over $2,300 is taxed at the parent's marginal tax rate.

When should you close a custodial account? ›

Answer: The rules vary by state and account. There are two key ages: the age of majority (often 18) and the age of termination on the account (usually 21), says John Woerth, of Vanguard. When children reach the age of majority, the account can be transferred into their name only with custodian consent.

What are custodial risks? ›

At the custodian level the two key risks are the risk of the custodian becoming insolvent and the risk of loss through custodian error or poor performance. All assets other than cash are held by custodians in nominee accounts or in the name of the client itself. Either way, the assets are held separately from the bank.

What is the difference between a custodial account and a brokerage account? ›

A custodian is responsible for the safekeeping of your assets. This is in contrast to the broker who is primarily focused on accessing the financial markets on your behalf. This critical difference can be easily identified by the simple fact that custodians do not commingle client assets whereas brokers do.

Can the IRS garnish a custodial account? ›

In most cases, yes. Very few exemptions to wage garnishment exist, although laws can vary from state to state. Please refer to your own state's law on this (or consult a legal professional).

How much investment income can a child have? ›

If your child's interest, dividends, and other unearned income total more than $2,300, it may be subject to a specific tax on the unearned income of certain children. See the Instructions for Form 8615, Tax for Certain Children Who Have Unearned Income for more information.

Can you day trade with a custodial account? ›

The financial institution where the account is held will accept investing instructions from the custodian, and typically, you'll be able to execute trades or conduct other business in exactly the same way you'd do it with your own account.

Who owns the assets in a custodial account? ›

Assets and income in a custodial account belong to the minor beneficiary (the child). Minors with unearned income such as interest, dividends, and capital gains, generally have to file an income tax return if, among other things, their unearned income is over $1,250 (in 2023).

What are the tax implications of a custodial account? ›

Any income from a child's custodial account belongs to the child. If that income exceeds certain thresholds, you'll need to file a separate federal income tax return for the child using Form 1040, 1040A, or 1040EZ.

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