UGMA/UTMA Custodial Account

(Uniform Gifts to Minors Act/Uniform Transfers to Minors Act)

An account can be established for a child under the Uniform Gift to Minors Act (UGMA) or the Uniform Transfer to Minors Act (UTMA), depending on which law applies in the relevant jurisdiction.  The UGMA/UTMA account allows someone to make gifts or transfers of property to a minor without setting up a trust. The transfers made to an account of this type are considered an irrevocable transfer to the minor in whose name the account is registered.

Eligibility requirements

• Depending on the type of transfer provided in the UGMA/UTMA statute, a UGMA/UTMA account can be established for any child under the applicable age (usually 18 or 21, but in some states it is 25).
• An adult is designated as the custodian to manage the account for the benefit of the minor until the child reaches the age specified in the statute. Upon reaching that age, the custodian is responsible for distributing or transferring the funds to the minor. Custodians have certain powers and responsibilities under these laws and they should consult with legal counsel to understand their obligations with respect to the account.
• No income restrictions exist. You may make gifts to a child's UGMA/UTMA account regardless of your income.
• Anyone may make gifts to a child's UGMA/UTMA account.
• Some assets eligible to be held in an UGMA/UTMA account include mutual funds, bonds, savings accounts, certificates of deposit, and life insurance.

Annual Contribution limits

• No contribution limit exists.
• Under the annual federal gift-tax exclusion, each donor may generally make gifts of $12,000 per year, per child without federal gift-tax consequences. Please consult your tax advisor concerning your individual circumstances.

Contribution timing

You can make annual contributions to an UGMA/UTMA account during the calendar year, January 1 through December 31.

Investment Options

• Fixed Rate CD
• Mutual Funds

Tax Considerations

• All earnings are reported to the IRS under the child's social security number. Consult your tax advisor about federal and state income tax consequences.

Financial Aid Considerations

The account may be included in the child's assets when determining financial aid eligibility.

Distribution Guidelines

• When the minor reaching the applicable age (usually 18 or 21, but in some cases, 25), the custodian is responsible for distributing or transferring the funds to the minor.
• Once the child gains control of the account, the funds in the account can be used for any purpose and the minor is not limited in using the funds. The funds are not required to be used for education expenses.

State Farm Mutual Funds® and State Farm Bank® both offer products that can be held in an UGMA/UTMA account.

Consult your tax or legal advisor for specific advice.

State Farm VP Management Corp Risk/Important Disclosures. State Farm Mutual Funds Prospectus. The State Farm College Savings Plan Enrollment Handbook (PDF 553 KB) .

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AP2008/10/1387