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Home›Estate Planning›utma-custodial-account-nri
Estate PlanningUpdated · October 5, 2026

UTMA custodial accounts for NRIs and the estate tax angle

Krishnan SubramanianCPA · CA · Enrolled Agent
UTMA custodial accounts for NRIs and the estate tax angle
Table of contents
  • How a UTMA custodial account works for NRI parents
  • How a UTMA custodial account is taxed
  • What a UTMA does for your estate tax
  • Who a UTMA suits, and who should skip it
  • What to do about it
  • Where to start

A UTMA custodial account is an irrevocable gift to your US-born child, run by a custodian until the child turns 18 to 25. It cuts your estate tax only if you're not the custodian when you die. For an NRI, that matters most if you'll hold US stock as a nonresident alien.

Key Takeaway

Five points decide whether a UTMA is worth opening for your child.

  • A UTMA gift is irrevocable and belongs to your child.
  • Name a different custodian to keep the gift out of your estate.
  • A nonresident alien gets only a $60,000 US estate tax exemption.
  • Child's investment income above $2,700 is taxed at parent rates in 2026.
  • Indian mutual funds are PFICs in a US citizen child's account.

How a UTMA custodial account works for NRI parents

A UTMA (Uniform Transfers to Minors Act) account is a brokerage or bank account that you open in your child's name, with an adult custodian making the decisions. Your child legally owns everything in it from the first dollar. The older UGMA holds only financial assets, while UTMA can also hold real estate.

What you give up

The gift is irrevocable. You can't take the money back, and you can't spend it on yourself. As custodian, you can pay for things that benefit your child, such as tutoring, camps, or a first car.

When the child reaches the age your state sets, usually 18 or 21 and up to 25 in some states, the account passes to them outright. After that, they can spend it on anything, with no say from you.

Who can act as custodian

The custodian is one named adult, and the brokerage sets the eligibility rules. Some, Vanguard among them, require the custodian to live in the US and be a citizen or resident alien.

If you're planning a move to India, check that rule first. You may need a US-based adult to take over as custodian.

How a UTMA custodial account is taxed

Kiddie tax on the account's income

Your child owns the account, so the child owes the tax on its income. The IRS calls the relevant rule the kiddie tax.

For 2026, the first $1,350 of unearned income is tax-free and the next $1,350 is taxed at the child's rate. Anything above $2,700 is taxed at the parents' rate.

Capital gains count only when you sell, so holding rather than trading keeps the taxable income down.

Gift tax and the forms that come with it

Each parent can give $19,000 per child in 2026 without filing anything. Above that, you file Form 709, which draws on your $15 million lifetime exemption instead of triggering tax. Priya and Arjun can put $38,000 a year into their daughter's account, $19,000 each, with no return.

Nonresident alien parents get an easier rule. A gift of US stock from a nonresident alien is exempt from US gift tax under IRC Section 2501(a)(2), however large.

If the gift passes $100,000 in a year, your child files Form 3520 as the recipient. It's an information return, and no tax is due.

What a UTMA does for your estate tax

A UTMA helps your estate only if the gift is truly complete. If you give the money and also serve as custodian when you die, the account lands back in your estate.

Custodial powers count as a retained power under IRC Section 2038, per Revenue Ruling 59-357. I'd name another trusted adult as custodian, not yourself.

Which estate tax column you're in

A US citizen or US-domiciled person has a $15 million estate tax exemption in 2026, made permanent by the One Big Beautiful Bill Act. For most families under that figure, a UTMA saves no estate tax today. The benefit shows up when you become a nonresident alien.

Domicile means where you intend to remain, and it can differ from your tax residency. Under the IRS rules for nonresidents, a nonresident alien has only a $60,000 exemption on US assets, taxed up to 40% above it, with no treaty relief.

A worked example

Say Rahul has moved back to India without a green card and still holds $500,000 of US stock. At his death, his estate owes $142,800 of US estate tax. That's the $60,000 trap, and no treaty softens it.

If Rahul had gifted those shares to his daughter's UTMA while alive, with another trusted adult as custodian, they would be out of his estate. His gift of US stock draws no US gift tax, and he kept nothing that Section 2036 or 2038 could pull back.

The gift has to be real. If Rahul keeps informal control of the shares, the IRS treats them as still his.

What the gift costs in capital gains

A gift carries your original cost basis to your child under IRC Section 1015. Inherited shares get a basis stepped up to their value at death under Section 1014. On stock that has grown a lot, a gift saves estate tax but hands your child a bigger capital gains bill later.

The trade usually pays when the estate tax at risk is large relative to the embedded gain. Run it with your real cost basis before you fund anything.

Who a UTMA suits, and who should skip it

Who it suits

  • You plan to return to India and hold US-listed stock. Gifting it early moves it out of a $60,000-exemption estate.
  • You can give up control. The gift is irrevocable, so fund only what you can spare.

For a family set on returning to India, I'd gift US stock into a UTMA before the move rather than leave it in your name, once the basis cost is modeled.

Who should skip it

  • You're saving for US college. A UTMA counts as the student's asset on financial aid forms, assessed at 20% of its value, against 12% at most for a parent-owned 529 plan.
  • You hold Indian mutual funds. They're PFICs (passive foreign investment companies) for a US citizen child, and the rules for gifting Indian mutual funds don't change that.
  • You'll be an India tax resident while your child is a minor. India adds the minor's income to the higher-earning parent's income under Section 64(1A), now Section 99 of the Income-tax Act, 2025, so the account's income saves no Indian tax.

What to do about it

  1. Confirm which estate tax column you're in: US citizen or domiciliary at $15 million, or nonresident alien at $60,000.
  2. Pick a custodian who isn't the donor, and confirm the brokerage accepts them.
  3. Fund the account with US-listed stock, never Indian mutual fund units.
  4. Keep each parent's gifts to $19,000 per child per year, or file Form 709 by April 15 of the following year.
  5. File Form 3520 for your child if a nonresident alien parent gives over $100,000 in a year.
  6. Run the capital gains comparison on your real cost basis before gifting appreciated shares.

Where to start

Start by checking which estate tax column you're in, then name a custodian who isn't you. If you're heading back to India, I'd model the estate tax saved against the capital gains cost before gifting any shares. An InvestMates advisor can run that with your real cost basis.

Frequently asked questions

What are the disadvantages of a UTMA account?

A UTMA account is irrevocable, the child controls it at 18 to 25, and financial aid formulas assess it at 20% of its value. Income above $2,700 is also taxed at the parents' rate. A parent-owned 529 plan is assessed at a lower rate, and broader estate planning covers what a UTMA can't.

How much can I put in my child's UTMA account?

A UTMA account has no contribution cap, but a donor who gives more than the annual gift tax limit of $19,000 per child in 2026 files Form 709. A $50,000 gift from one parent reports $31,000 over the exclusion and owes no tax, because the excess draws on the $15 million lifetime exemption.

Can you use UTMA funds to buy a car?

Yes, as long as the purchase directly benefits your child, such as a first car. UTMA money can't cover your own expenses, because the gift is irrevocable and belongs to your child.

What happens to UTMA funds when the child turns 18/21?

The custodian must transfer all remaining assets to the child at the age your state sets, usually 18 or 21. After that, the child can spend the money on anything. Fund the account only with money you're comfortable handing over.

Do children have to pay taxes on gains in UTMA accounts?

Yes, your child owes tax on gains, but only once the account sells an investment at a profit. For 2026, the first $1,350 of unearned income is tax-free, and income above $2,700 is taxed at the parents' rate.

About the Author
By Krishnan Subramanian
CPA · CA · Enrolled Agent

Krishnan brings over 30 years of experience in corporate, business, and individual taxation, with deep expertise in US-India cross-border tax matters. He works exclusively with NRI clients, helping them navigate compliance requirements including FBAR, FATCA, DTAA, and PFIC, while building strategies around tax planning, retirement accounts, and long-term optimization.

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