HOW TO MAKE SUBSTANTIAL LIFETIME
GIFTS TO MINORS
Parents or grandparents, particularly those with higher
incomes or larger estates, often wish to make substantial
lifetime financial gifts to their children or grandchildren.
They may gift for a variety of reasons, but two of the most
common are to shift some of their income-tax liability to
the minor's lower tax bracket (perhaps to build a college
fund) and to move assets out of their estate to reduce
estate taxes. But making gifts should be done with care, not
only to accomplish your goals and minimize taxes, but to
avoid having the minor waste the gift.
Gift outright. The simplest form of gifting is to simply
transfer stock, mutual fund shares, cash or other property
outright to the minor (gifts over $10,000 a year to a single
person is subject to gift tax). However, because the child
is a minor, they won't be able to transact any necessary
financial business with the gift (such as selling and buying
stock or property) without a court-appointed guardian. That
guardian will probably be severely restricted as to what
they can do with the property, and may not even be able to
use the property to pay for college if the parents have
adequate resources. When the child reaches the age of
majority, 18 to 21 depending on the state, the child can do
whatever they wish with the property.
Income the child earns from the assets is subject to the
"Kiddie" tax if the child is still under age 14 at the end
of the tax year. Under the Kiddie tax, the first $700 in
unearned investment income is not taxed. The next $700 is
subject to the child's tax rate, and any investment income
above $1,400 is taxed at the parent's rate. For children 14
or older when the tax year starts, investment income is
taxed solely at their marginal rate, which usually is 15
percent.
Establish a custodial account. Particularly popular for
funding a child's education are custodial accounts, called
Uniform Transfers to Minors Act (UTMA) or Uniform Gifts to
Minors Act (UGMA) depending on the state. You can set up
these accounts at financial institutions such as banks,
brokerage firms or mutual funds. The custodian manages the
assets until the minor reaches the age of majority.
Investment income is subject to the Kiddie tax depending on
the child's age, but you can minimize the income by donating
such assets as growth-oriented stocks or tax-free bonds.
The major drawback to custodial accounts is that the child
assumes control of the assets when they turn 18 to 21. They
might then spend the money on a new car or a trip to Europe
instead of college.
While parents typically name themselves as custodians for
UTMAs or UGMAs, estate planning experts point out that
property in the account will be included in the custodial
parent's estate should the parent die before the
custodianship ends when the child reaches the age of
majority.
Consider using trusts for larger gifts. More expensive to
set up, but more flexible, are a variety of trusts, such as
a Crummey or a 2503 (c). With some trusts, you can extend
control of the assets beyond age 21-say to 25 or 30 or even
later. However, there are several tricky tax issues to watch
out for. Another drawback is that trust distributions used
to pay for what would normally be considered legal
obligations of the parents, such as medical expenses, are
taxed at the parent's rate instead of the child's. There
also may be a window of opportunity for the child to assume
outright control of the assets. You'll definitely want to
consult a qualified estate planning attorney here.
Consider tuition or medical gifts. Grandparents can directly
pay the college or medical provider for a grandchild's
college tuition or medical needs without the payment being
subject to gift tax, even for payments above $10,000. They
may also want to consider contributing to pre-paid tuition
plans or college savings plans, though the payments may be
subject to gift tax.
Contribute to the child's Roth IRA. If the child earns
income, you could gift to a Roth IRA in the minor's name up
to the amount of income earned or $2,000 annually, whichever
is lower. The Roth can be later used for the college or for
the child's retirement.
This article was produced by the Consumer Affairs Dept. of
The Financial Planning Association and provided to you
courtesy of Nigel B. Taylor, CFP, Santa Monica, California.
If you have any questions or concerns regarding this, or any
other financial topic and are a resident of Southern
California, please call me at 1-800-444-2237 (California
residents only please), or click on the "MORE INFO" button
to arrange for a free initial consultation in the comfort of
your home or office.
 
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