A UTMA account is a way to hold money or investments for a minor in their name, with an adult managing it until they reach a set age
UTMA stands for Uniform Transfers to Minors Act. It is a legal structure that lets you put money, stocks, bonds, or other property into an account registered in a child's name, with you (or another adult) as the custodian who manages it. The child owns the assets, but cannot touch them or make decisions about them until they reach the age you or state law sets — usually 18 or 21.
The account exists in the child's name and uses their Social Security number. When the child reaches the age of majority (the age when they take control), the custodian's job ends and the money becomes theirs to do with as they choose. You cannot take the money back or redirect it once it is transferred.
UTMA accounts are different from regular savings accounts in your name. They are also different from 529 college savings plans, which have tax rules tied to education. A UTMA is simpler and more flexible — the money can be used for anything once the child takes control, and there are no restrictions on what you spend it on while you are the custodian, as long as it benefits the minor.
Key Takeaways
- A UTMA account holds money or investments in a child's name with an adult custodian managing it until the child reaches 18 or 21, depending on state law and your choice.
- The money belongs to the child from the moment it is transferred, so you cannot take it back or use it for your own purposes.
- UTMA accounts have tax advantages for the first several thousand dollars of earnings each year, though the rules depend on the child's age and income.
- When the child reaches the age of majority, they gain full control of the account and can spend the money however they want.
- Not all states allow UTMA accounts — some use UGMA (Uniform Gifts to Minors Act) instead, which works similarly but covers fewer types of assets.
How a UTMA account works in practice
You open the account at a bank, brokerage, or investment firm in the child's name. The paperwork lists you as custodian. You then transfer money or property into it — this can be a lump sum, regular deposits, or a one-time gift. Once the money is in, it is legally the child's, even though you control how it is invested or spent.
While you are the custodian, you make all the decisions: whether to keep the money in a savings account, invest it in stocks or bonds, or move it between accounts. You file taxes on any earnings (interest, dividends, capital gains) using the child's Social Security number. You can spend the money on things that benefit the child — education, medical care, living expenses — but not on things you would pay for anyway (like your own mortgage or utilities).
When the child turns 18 or 21 (depending on what you chose and your state's law), the account automatically transfers to them. They become the owner and can do whatever they want with it. You have no say in how they use it after that point.
Tax treatment of UTMA earnings
The tax rules for UTMA accounts depend on the child's age and how much the account earns. For 2024, the first $1,450 of unearned income (interest, dividends) is tax-free. The next $1,450 is taxed at the child's rate, which is usually lower than yours. Anything above $2,900 is taxed at the parent's rate — a rule called the "kiddie tax" that prevents people from shifting income to children to avoid taxes.
These dollar amounts change each year with inflation, so check the current year's limits with your tax preparer or the IRS website. If the child has earned income (from a job), that is taxed differently and does not count toward these limits.
You file taxes on the account using the child's Social Security number. If earnings are small, you may not need to file a return at all. If they are larger, you can file a return in the child's name, which usually means paying little or no tax because of the standard deduction.
UTMA versus UGMA and other account types
Not all states allow UTMA accounts. Some states use UGMA (Uniform Gifts to Minors Act) instead. The difference is what you can put into them: UGMA accounts are limited to cash, securities (stocks and bonds), and insurance policies. UTMA accounts can hold almost anything — real estate, artwork, business interests, cryptocurrency. If your state offers both, UTMA is usually the better choice because it is more flexible.
A 529 plan is a different tool altogether. It is designed specifically for education savings and has tax advantages tied to college or K-12 tuition. The money can only be used for education without penalty. A UTMA has no education requirement and no penalty for using the money for other things.
A regular savings account in your name is simpler to set up and gives you more control, but the money is yours, not the child's. A UTMA makes the money the child's property from day one, which has legal and tax consequences you should understand before you choose it.
When the child takes control of the account
The age at which the child takes control is set by your state's law and sometimes by your choice when you open the account. Most states set it at 18 or 21. Some states let you choose between two ages — for example, 18 or 21. Once the child reaches that age, the custodian's authority ends automatically. You cannot extend it or keep control.
The transition is usually automatic with the financial institution. The account changes from "John Smith, Custodian for Jane Smith" to just "Jane Smith." The child can then withdraw money, change investments, or close the account without your permission. If you are concerned about how they will handle a large sum, a UTMA is not the right tool — you might consider a trust instead, which gives you more control over when and how money is released.
Custodian responsibilities and limits
As custodian, you have a legal duty to manage the money in the child's best interest, not your own. You cannot borrow from the account, invest it recklessly, or use it to pay your own bills. You can spend it on things that directly benefit the child — school, medical care, housing, food — but not on expenses you would have anyway.
The line between "benefit to the child" and "your own expense" can be blurry. Paying for a child's share of the family grocery bill is probably acceptable. Paying the entire mortgage because the child lives in the house is not. If you are unsure, ask a tax professional or attorney before you spend the money.
You are also responsible for filing taxes on any earnings and keeping records. If you mismanage the account or use it for your own purposes, the child (or their legal representative) can sue you for damages after they turn 18.
How to open a UTMA account
Most banks and brokerages offer UTMA accounts. You will need the child's Social Security number, your identification, and proof of your relationship to the child. Some institutions have minimum deposits or monthly fees, so compare a few before you choose.
When you open the account, you will be asked what age the child should take control — usually 18 or 21, or whatever your state allows. Choose carefully, because this is hard or impossible to change later. You will also choose what type of account it is: a savings account, a brokerage account for stocks and bonds, or something else.
Once it is open, you can deposit money whenever you want. There are no annual contribution limits for UTMA accounts (unlike 529 plans or Roth IRAs), but large gifts may trigger gift tax reporting requirements. Talk to a tax professional if you are planning to transfer a large amount.
Frequently Asked Questions
Can I take the money back out of a UTMA account?
No. Once you transfer money into a UTMA account, it belongs to the child. You cannot withdraw it or redirect it, even if you change your mind. This is a permanent transfer. If you need the money for yourself, do not put it into a UTMA.
What happens if the custodian dies before the child turns 18?
The account does not disappear. Your will or state law determines who becomes the new custodian. If you do not name a successor custodian, the court may appoint one. It is important to name a backup custodian when you open the account so there is no gap in management.
Does a UTMA account affect financial aid for college?
Yes. Assets in a UTMA account are counted as the student's assets when calculating financial aid, which can reduce the amount of aid they receive. A 529 plan is sometimes treated more favorably. Talk to a financial aid advisor before opening a UTMA if college is coming soon.
Can I use UTMA money to pay for private school or tutoring?
Yes. Spending on education that benefits the child is a common and acceptable use of UTMA funds. Keep receipts and records in case you need to document that the money was spent on the child's benefit.
What is the difference between a UTMA and a trust?
A UTMA is simpler and cheaper to set up, but gives you less control. The child automatically gets full access at 18 or 21. A trust can set conditions — for example, releasing money at 25, or only for education — and can last as long as you want. Trusts cost more to set up and manage but offer more flexibility.