Wealth for the Kids

November 20, 2024

Parents want their children to thrive in their lifetime. When it comes to wealth, they understand how hard the world can be as they continue to support them. Now, they want to leave wealth in a way that supports them financially. As a result, they are more intentional about the wealth they want to leave.

The traditional go-to for creating wealth has been custodial accounts, commonly known as UGMA (Uniform Gifts to Minors Act) or UTMA (Uniform Transfers to Minors Act). At first glance, they seem like a solid idea with good intentions:

  • You open an account for the child
  • You can teach them about investing
  • They operate like a taxable brokerage account
  • You can contribute up to the gift exclusion
  • They get it when they come of age

But dig a little deeper, and you’ll uncover some significant drawbacks—ones that could impact your child’s future or limit your control. So, what’s the issue, and are there alternatives? Let’s break it down.

The Issue with UGMA/UTMA Accounts

While UGMA/UTMA accounts provide a straightforward way to save for a child’s future by leaving them funds in a way they can learn, their restrictive nature creates challenges for many families. Here’s what you need to know:

  • Contributions Are Irrevocable
    Once money goes into a UGMA/UTMA account, you can’t return it or redirect its use.
  • Harms Financial Aid Eligibility
    Funds in these accounts are considered a child’s asset, which significantly reduces financial aid eligibility under the FAFSA formula compared to assets owned by the parent.
  • Loss of Control at a Specified Age
    At the age of majority (depending on the state), the child gains full control of the funds. These usually occur between 18-21 years old, although some states can be higher. This could lead to unwise spending if the child isn’t financially prepared.

So, while these accounts can serve as a tool to teach kids about money management, their limitations often could outweigh their benefits. Fortunately, there are other ways to save for your child’s future while keeping more flexibility and control in your hands. If UGMA/UTMA accounts do not align with your family’s goals, here are three options that can provide more advantages.

The 529 Plan: For Education

The first option would be the 529 plan, which is the the go-to option for parents who want to save specifically for education expenses. Here’s why it is:

  • Tax-Free Growth and Withdrawals
    Contributions grow tax-free, and distributions are tax-free when used for qualified education expenses.
  • State Tax Deductions
    Many states offer tax deductions or credits for contributions.
  • Generous Limits
    You could contribute up to the annual gift exclusion, which is $18,000 for 2024, similar to the UTMA/UGMA. Plus, you can “front-load” five years’ worth of contributions at once—up to $90,000.
  • Transferable Beneficiary
    If one child doesn’t use the funds, you can transfer them to another qualified relative.
  • "Parent-Owned Asset" for FAFSA Purposes
    Assets held in the parent’s name are treated more favorably in the FAFSA formula than those held in the child’s name.

Plus, starting in 2024, unused 529 funds can be rolled into a Roth IRA, though there are strict rules and limitations on how this can be done. This adds a layer of flexibility for families worried about overfunding the account. It is also worth noting you can transfer funds from a UTMA / UGMA to a 529. However, this does require selling the funds, realizing any of those capital gains, and the funds must be for the original beneficiary.

But like most tax-advantaged accounts, there are restrictions to consider. If the funds are not used for education, the earnings would be subject to income taxes and a hit 10% penalty. So, make sure these are used for education purposes.

Custodial Roth IRA: A Retirement Nest Egg

Yes, this has "custodial" in it's name. However, it does come with perks worth noting

  • Tax-Free Growth and Withdrawals
    Roth IRAs grow tax-free, and withdrawals in retirement are also tax-free, making them ideal for building a retirement nest egg.
  • Doesn’t Hurt FAFSA When Not Used for College
    Retirement accounts generally do not count when calculating the FAFSA. So, while this is technically the child's asset, it would be exempt from it.

However, while the asset itself does not count against FAFSA, the income needed to contribute towards it does. To contribute to an IRA, there must be "earned income," and for the custodial, the earned income must come from the child, not the parent. The contributions are limited by the earned income up to $7,000 for 2024. Generally, they will examine income for the last years before applying, so it's important to plan around that when it comes.

In addition, the distribution of funds must not be used for education purposes, or it will be counted as a child's asset for FAFSA. Similar to the 529, intent matters. If you desire to leave wealth for them and build their retirement nest egg, this is worth considering with tax-free benefits.

Taxable Brokerage Account (In Your Name): Flexibility

For parents who want full control over their savings and flexibility in how funds are used, a taxable brokerage account is one to consider. Here's why:

  • No Contribution Limits
    Unlike 529 plans or Roth IRAs, there’s no cap on how much you can contribute.
  • No Early Withdrawal Penalties
    Funds can be accessed anytime without early penalties (though capital gains taxes may apply).
  • "Parent-Owned Asset" for FAFSA Purposes
    Assets held in the parent’s name are treated more favorably in the FAFSA formula than those held in the child’s name.
  • Control Over Assets
    You decide when and how the funds are used, whether for education, a down payment, or a future gift.

If you plan to use these funds for your child, you could "gift" them up to the exclusion amount with the investments or the proceeds after selling them off. So, if you're looking to accomplish goals like a purchase for them, not necessarily for education purposes, a taxable brokerage account under the parent's name can provide that flexibility.

The Bottom Line

Accounts like the UTMA and UGMA are not bad by any means. They can serve a great purpose in building wealth for your kids. However, depending on your goals, alternatives like 529 plans, Custodial Roth IRAs, and taxable brokerage accounts can offer flexibility, tax benefits, and control over how and when the funds are used.

Don't just pick the account because the crowd says so. Choose the option that makes sense for YOU.

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