Pulling hair out over UTMA taxes

<p>Trying to figure out if I pay taxes on capital gains from closed UTMA college account or my daughter does.</p>

<p>She started college in Fall 2008.</p>

<p>She turned 18 in August 2008.</p>

<p>But we closed the account while she was still 17 (and before the market completely tanked.)</p>

<p>In this state, the age of majority (or whatever it is) for UTMA accounts is 21, not 18.</p>

<p>Do the long-term capital gains go on her tax return or on my tax return? If my tax software is right, the answer makes a big difference in how much tax has to be paid.</p>

<p>All help appreciated.</p>

<p><a href="http://www.irs.gov/pub/irs-pdf/f8814.pdf%5B/url%5D"&gt;http://www.irs.gov/pub/irs-pdf/f8814.pdf&lt;/a>
<a href="http://www.irs.gov/pub/irs-pdf/i8615.pdf%5B/url%5D"&gt;http://www.irs.gov/pub/irs-pdf/i8615.pdf&lt;/a&gt;&lt;/p>

<p>See if the info here can help clear things up. There seems to be alot of if this or if that, so without knowing your situation, I can't say for sure, but I think the answers are in here (somewhere).</p>

<p>Many thanks. You might have saved my hair!</p>

<p>What did you decide on this? I'm in almost exactly the same position except we left a small amount of money in the Ohio UTMA and our child is still 17 and starts college this Fall. She does have earned income from a supermarket job.</p>

<p>What tax software are you using? I'm using TurboTax Premier.</p>

<p>Thanks.</p>

<p>I'm going to assign the proceeds to my daughter's taxes. It's her account, she's an adult, and we spent the money on her education. Fortunately, my tax software says the chance of an audit for her (and us) is low.</p>

<p>Wish this stuff were less complicated.</p>

<p>Also using Turbotax of some variety.</p>

<p>UTMA is the child's account for tax purposes (when they are 12 or when they are 21). You are just a trustee on the account.</p>

<p>But remember that if the income is more than $1,800 you must pay the tax at the parent's rate anyway. A form 8615 is required. It used to be the case for children under 14 but they extended that to a child who is still a dependent.</p>

<p>
[quote]
But remember that if the income is more than $1,800 you must pay the tax at the parent's rate anyway

[/quote]

That will come out when you calculate your taxes (are you claimed as a dependent by someone else). What is your tax rate is a totally different question than who is responsible for the taxes. The taxes are the child's. The IRS allows you a simplified tax calculation/payment treatment to put the income on the parent's form, but it is still the child's income and the child's taxes.</p>