Custodial Users and Accounts (2024)

Overview

  • A custodial account is an account set up on behalf of, or “in custody for” an individual, typically a minor child (18 or younger) or a medically impaired individual

    • Once a custodial account is established, the person setting up the account no longer has unlimited control over the assets in the account
  • There are 2 types of custodial accounts: UGMA and UTMA, which are available only to U.S. Citizens. These accounts are offered under the Uniform Gifts to Minors Act (UGMA), and the Uniform Transfers to Minors Act (UTMA).

  • As of 2022, all states offer UGMA accounts and 48 states offer UTMA accounts (Vermont and South Carolina do not offer these accounts). UTMA rules are more flexible than UGMA in that they allow several different categories of assets to be transferred to a minor, whereas UGMA accounts are specific to securities. Although rules vary from state to state, UTMA accounts generally pass to the minor at the age of 21, whereas UGMA accounts are transferred to the minor when they reach 18.


Key Considerations

  • All gifts into an UTMA account are irrevocable
  • The funds deposited to the account cannot be returned to the donor/transferor who transferred the monies or assets
  • The Custodian may utilize the funds in the account for the use and benefit of the minor in any amount the Custodian considers advisable without Court order and without any regard to the duty or ability of the Custodian personally, or any other person to support the minor, and without regard to the minor’s property and income
  • During the time the custodial account is in existence the Custodian shall collect, hold, manage, invest and reinvest the custodial property in accordance with the standard of care that would be observed by a prudent person dealing with the property of another
  • The Custodian must at all times keep the custodial property separate and distinct from all other property.

Tax Rules

  • The IRS allows qualifying gifts into custodial accounts to be exempt from the gift tax of up to $15,000 per person or $30,000 for a married couple (rules/limits may vary by tax year).
  • The minor’s social security number (SSN) is used for tax reporting purposes on the UTMA
  • The property in the account is owned by the minor. The assets in the account may be taken into consideration when the minor is conducting other financial transactions (financial aid, scholarships, public assistance, etc.)

Creating a Custodial Account

  • A new custodial user and account must be created for each child a parent may have

  • Custodial users are not allowed to place orders - all trade instructions MUST come from the parent

  • Creating a custodial account requires the establishment of two users; one for the parent, which holds the account, and one for the beneficiary, which is linked to the account


Step 1

  • Create the Parent User the Custodial account lives under - the requests use the Standard "Create User" API call

Step 2

  • Next Create the Beneficiary (a.k.a custodial) User assigned to the account

  • userType changes when creating a child user to CUSTODIAL

    • Failure to make this change will cause failure when attempting to create the custodial account under the parent
  • The data.userID found within the "Custodial Data object" takes the value of the userID generated from the POST request made in STEP 1

{ "type": "CUSTODIAN_INFO", "data": { "userID": "fa1336af-02a3-2a82-d1a8-ccf11ecea398" }

Step 3

  • Next Create the Account underneath the Parent User

2 Types for Custodial Accounts:

  • accountManagementType:
  • `CUSTODIAL - Used for self-directed trading
  • `CUSTODIAL_MANAGED - Used for discretionary trading, and is required for Partners utilizing AutoPilot
  • The authorizedUsers object takes the userID from the CUSTODIAL user created in STEP 2, and the permission properties passed in can be defaulted to the following values:
  • EXAMPLE:
{"userID": "fa1336af-02a3-2a82-d1a8-ccf11ecea398","accountType": "LIVE","accountManagementType": "CUSTODIAL","tradingType": "CASH","authorizedUsers": [{"userID": "628e8583-6853-88ea-5443-e7b2224ac9ce","permissions": ["ACCOUNTS_GET","REPORTS_GET"]}]}'
  • EXAMPLE:
{"userID": "fa1336af-02a3-2a82-d1a8-ccf11ecea398","accountType": "LIVE","accountManagementType": "CUSTODIAL","tradingType": "CASH","authorizedUsers": [{"userID": "628e8583-6853-88ea-5443-e7b2224ac9ce","permissions": ["ACCOUNTS_GET","REPORTS_GET"]}]}'

Updated 12 months ago

Custodial Users and Accounts (2024)

FAQs

What are examples of custodial accounts? ›

The most common example of a custodial account is one set up for a minor by a legal guardian. A parent or guardian wants to make sure their dependent or child has money saved for when they become a legal adult. They can make contributions to the account in set time intervals and adjust the investments to watch it grow.

Who pays taxes on child custodial accounts? ›

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.

What happens to UTMA when a child turns 21? ›

Depending on the state, a UTMA account is handed over to a child when they reach either age 18 or age 21. In some jurisdictions, at age 18 a UTMA account can only be handed over with the custodian's permission, and at 21 is transferred automatically.

Are custodial accounts worth it? ›

There are advantages, including tax advantages, for custodial accounts compared to noncustodial accounts. There are also downsides, including the risk that the account will limit the amount the child can receive in financial aid from a college because the account is considered an asset owned by the minor.

What are the two types of custodial accounts? ›

There are two main types of custodial accounts: the Uniform Gift to Minors Act (UGMA) and the Uniform Transfers to Minors Act (UTMA). The largest difference between the UGMA and UTMA is that the UTMA covers more assets. For instance, with a UGMA account, you can include assets such as stock, bonds, and mutual funds.

Who owns the money in a custodial account? ›

The named beneficiary (i.e., the minor for whose benefit the account is created) is the owner of the account. In other words, the money or assets in the UTMA account belong to the beneficiary (i.e., the child).

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

As the custodian, you can only withdraw funds for the benefit of the minor. This includes expenses related to education, healthcare, or other necessary expenses. However, you cannot use the funds for personal expenses or anything that does not directly benefit the minor.

Which is better, 529 or custodial account? ›

Key takeaways: A 529 savings plan is a tax-advantaged investment account that can help families pay for educational expenses. But there are limits on how you can use the money. Custodial accounts offer beneficiaries greater spending discretion, but there are fewer tax breaks.

What expenses can be paid from a custodial account? ›

  • Note: As custodian, you're supposed to be able to account for where the money went. If you pulled money from the account to buy a computer for your child, make a permanent record of this fact.
  • Costs of education. ...
  • Car for the child. ...
  • Paying taxes on the account's income. ...
  • Transfer to another child. ...
  • Paying family expenses.

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

Is UTMA better than 529? ›

From a tax perspective, 529 plans are also generally better. Earnings in a 529 plan are tax-free as long as you use them for qualified education expenses. By contrast, the government taxes UTMA earnings above $2,100 like income from a trust or estate. This could mean a big tax bill.

Can I cash out an UTMA account? ›

UTMA accounts have no withdrawal limits. However, UTMA withdrawal rules set out that the funds belong to the minor from the moment of transfer, so the funds can only be used for the direct benefit of the minor. Can parents take money out of UTMA accounts? Yes, but only for purposes related to the minor.

How do custodial accounts avoid taxes? ›

A portion (up to $1,250 in 2024) of any earnings from a custodial account may be exempt from federal income tax, and a portion (up to $1,250 in 2024) of any earnings in excess of the exempt amount may be taxed at the child's tax rate, which is generally lower than the parent's tax rate.

What bank is best for a custodial account? ›

Our picks at a glance
Custodial account providerAccount minimumFractional share investing
Vanguard$0Yes (Vanguard ETFs only)
Charles Schwab$0Yes (S&P 500 stocks only)
E*TRADE$0No (dividend reinvestment only)
Merrill Edge$0No (dividend reinvestment only)
3 more rows
Jul 19, 2024

What is the difference between a custodial account and a child's account? ›

A custodial account is typically a savings account that an adult controls for a minor. However, custodial accounts are technically any type of financial account that is opened on behalf of someone else—typically a minor—and managed by someone over the age of 18.

What are the names of custodial accounts? ›

Types of Custodial Accounts
  • Uniform Gifts to Minors Act (UGMA): UGMAs hold traditional investable securities, including cash, stocks, bonds, ETFs, and mutual funds. ...
  • Uniform Transfers to Minors Act (UTMA): UTMAs can hold traditional assets in addition to real assets such as real estate, art, land, and cars.
Aug 29, 2024

What is an example of a custodial fund? ›

Examples include: The government is the treasurer for another government or acting as their bank. The government is on the bank account. Any asset the government is holding for another government and the holding government is not using the asset for their own operations.

What are the different types of custodial? ›

There are different types of custody, which impact how you and your co-parent will share parenting time and decision making for your children after divorce or separation. The major types include physical, legal, sole, and joint custody. The best options depend on your family's circ*mstances and your child's needs.

What are the example of custodian banks? ›

Some of the better-known U.S. banks are custodian institutions, and include JP Morgan, Mellon, Bank of New York, Chase, Citigroup, and State Street. Overseas, the best-known custodian banks include BNP Paribas (France), Barclays (England), Deutsche Bank (Germany), UBS and Credit Suisse (Switzerland).

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