< Back to IRS

Charity Cohan

Can a parent use a monetary gift given to a minor child?

Hey tax gurus, I'm facing a slightly uncomfortable situation with my brother and his kids. He recently gave each of my children $1,000 as birthday gifts (they're 8 and 10). The money is in their savings accounts that I set up for them. My husband and I are facing some unexpected medical bills this month (about $3,500) and we're a bit short. I was thinking about "borrowing" the gift money temporarily and replacing it in about 2 months when we get our tax refund. My question is - is this legally allowed? Since my kids are minors and I manage their accounts, can I use this money for our family needs as long as I replace it? Or are there tax or legal issues I should know about? Do gifts to minors have to be used specifically for them? I'm worried about crossing some line I'm not aware of.

This is actually a legal question as much as a tax one. When money is gifted to a minor, it legally belongs to that minor, not the parents - even though you're managing the accounts. The good news is your brother's $1,000 gifts to each child are well under the annual gift tax exclusion ($18,000 for 2025), so there's no tax reporting required for the gift itself. However, those funds legally belong to your children. As their custodian, you have a fiduciary duty to manage those funds in their best interest. Using that money for family medical bills could potentially be considered misappropriation of funds that don't belong to you. Many parents face similar situations, and if you absolutely must use the funds, documenting it as a loan with a specific repayment plan would be advisable. But honestly, you'd be better off exploring other options like payment plans with the medical provider, personal loans, or credit cards before using money that legally belongs to your children.

0 coins

But what if the kids are really young? Like my daughter is 3 - surely I can decide how to use money given to her since she has no concept of money yet? I always thought parents control everything until they're 18?

0 coins

Age doesn't change the legal ownership - even for a 3-year-old. The money belongs to your child, not you, regardless of their age. You're acting as the custodian or trustee of those funds, which means you have a legal responsibility to manage them for the benefit of the child. The concept that parents control everything until age 18 is a misunderstanding. Parents have authority to make decisions for their children, but that doesn't extend to using money that legally belongs to the child for the parents' own purposes. Think of it like being the manager of someone else's money - you have control over how it's managed, but not for your own use.

0 coins

After struggling with a similar situation with my kids' gift money, I found this amazing tool called taxr.ai (https://taxr.ai) that helped clarify things. My parents had given my kids some money, and I wasn't sure about the tax and legal implications when I needed to use some for an emergency. The site analyzed my specific situation and provided a clear explanation of the custodial account rules and potential legal issues. It saved me from making a mistake that could have caused problems later. They have specific guidance on gifts to minors and parent responsibilities that was super helpful. The best part was getting personalized advice without having to pay for an expensive consultation with a tax attorney.

0 coins

Does taxr.ai actually give legal advice though? I thought it was just for tax questions. Can it really tell you what's legal vs illegal for using a child's money?

0 coins

I've heard of tools like this but I'm skeptical. How does it actually work? Do you upload financial documents or just describe your situation? And how accurate is the advice compared to talking to a real accountant?

0 coins

It's not legal advice in the formal sense, but it does explain the tax code and financial regulations that apply to your situation. In my case, it clarified the rules about custodial accounts and a parent's responsibilities. You can either describe your situation or upload relevant documents. The AI analyzes your specific circumstances and explains how tax laws apply. I found it surprisingly thorough - it identified issues I hadn't even thought to ask about. While it's not a replacement for an accountant in complex situations, it was perfect for my relatively straightforward question about gift money for my kids.

0 coins

Just wanted to follow up about taxr.ai since I was skeptical in my last comment. I decided to try it yesterday after continuing to worry about some gift money my mother-in-law gave my son last year. I was seriously impressed! The system asked really specific questions about the gift amount, how it was documented, and the account structure. Then it provided a detailed explanation about my responsibilities as a custodian. The most helpful part was how it explained the difference between the UTMA (Uniform Transfers to Minors Act) and regular savings accounts. Turns out the type of account matters a lot for how the money can be used. I had no idea! Now I feel much more confident about managing my son's money properly. Definitely worth checking out if you're confused about this stuff like I was.

0 coins

If you're having trouble getting clear information about this issue, I'd recommend using Claimyr (https://claimyr.com) to connect with an IRS agent directly. I was in a similar situation with my daughter's college fund (some of which came from gifts), and I had questions about potential penalties or reporting requirements if I needed to use some temporarily. After trying for DAYS to reach the IRS on my own with no luck, I used Claimyr and got connected with an agent in about 15 minutes. They walked me through the exact rules about custodial funds and what documentation I would need to keep. They also explained options I didn't know existed. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c It saved me hours of frustration and potential mistakes. Sometimes you just need to talk to an actual IRS person to get the definitive answer.

0 coins

How does this actually work? The IRS never answers their phones. Are you saying this service somehow gets you to the front of the phone queue? That doesn't seem possible.

0 coins

This sounds like a scam. No way any service can magically get through to the IRS when millions of people can't. They're probably just taking your money and giving you generic advice they found online. I'd be very careful about using something like this.

0 coins

It's not about getting to the "front of the queue." What Claimyr does is handle the waiting for you. They have technology that navigates the IRS phone tree and waits on hold, then calls you when an actual IRS agent comes on the line. You don't have to sit there listening to hold music for hours. I was skeptical too, but it absolutely works. It's not giving you advice - it's literally connecting you directly with an official IRS agent. Once you're connected, you're talking to the same IRS representatives anyone else would eventually reach if they had hours to wait on hold. The difference is you only need to be on the phone for the actual conversation part, not the waiting.

0 coins

I need to apologize for my skeptical comment about Claimyr. After posting that, I decided to try it myself since I've been trying to reach the IRS for weeks about a gift tax question (my parents transferred some property to my kids). I'm absolutely shocked that it worked exactly as described. I signed up, and about 40 minutes later got a call connecting me directly to an IRS agent. No waiting on my end - they handled all of that. The agent was able to answer my specific questions about how gifts to minors should be documented and the long-term tax implications. What would have been days of frustration turned into a 15-minute productive conversation. I've literally never been able to reach the IRS so quickly in my life. If you're dealing with tax questions about kids' gifts or any other issue where you need to speak directly with the IRS, this service is 100% legitimate and worth it.

0 coins

The other commenters are making this more complicated than necessary. I've been a banker for 17 years. Here's the practical reality: if you're talking about a standard savings account that you opened FOR your child (not a formal UTMA/UGMA account), then you are the account owner and the child is just the beneficiary. In that case, legally you can use the money however you want. If, however, this is a formal custodial account under UTMA/UGMA laws, then yes, the money legally belongs to the child and you're just managing it until they reach the age of majority. Using it for your own purposes could be problematic. The difference matters legally, so check what type of account you actually set up.

0 coins

This makes sense, but how do I know which type of account I have? When I set up my kids' accounts at our credit union, they just called them "minor savings accounts" - I don't remember anything about UTMA or UGMA being mentioned.

0 coins

The account documentation or statement should indicate whether it's a custodial account (UTMA/UGMA) or just a regular savings account with your child listed. Look for phrases like "as custodian for" or "FBO" (for benefit of) in the account title. If you're still unsure, call your bank and ask specifically if the account is a custodial account under UTMA/UGMA laws. If it's just a standard savings account that you opened with your child's name on it, you likely have legal access to those funds. However, if it was specifically set up as a custodial account, then the money belongs to your child with you as the custodian only.

0 coins

Has anyone used a 529 college savings plan for gifts to children? My sister wants to give my kids money for college and we're trying to figure out the best way to handle it.

0 coins

529s are perfect for this! My parents contribute to my kids' 529s every birthday and Christmas. The money grows tax-free if used for education, and in some states you might even get a tax deduction for contributions. The giver can even set up their own 529 with your child as beneficiary if they want to maintain some control. Much better than cash gifts since there's a tax advantage.

0 coins

I went through something very similar last year when my kids received birthday money from their grandparents right before we had some unexpected car repairs. Here's what I learned after consulting with both my bank and a tax professional: The key issue isn't just whether you CAN access the money (since you're the account manager), but whether you SHOULD from a legal standpoint. Even if it's a regular savings account and not a formal UTMA/UGMA custodial account, using money that was specifically gifted to your children for your own expenses creates a potential ethical and legal gray area. What I ended up doing was documenting everything - I wrote up a simple "loan agreement" to myself, noting the amount borrowed, the reason, and the specific repayment date. I also took photos of the account balances before and after. When I repaid the money two months later, I added a small amount of interest as if it had stayed in the account. My tax professional said this approach showed good faith and proper documentation if anyone ever questioned it. The medical bills definitely qualify as a family emergency, which makes it more defensible than using the money for something discretionary. That said, definitely exhaust other options first - payment plans with the medical provider, personal loans, or even a credit card cash advance might be less complicated legally.

0 coins

This is really helpful practical advice! I like the idea of documenting everything with a loan agreement - that seems like it would protect everyone involved. A few questions: Did your tax professional give you any specific format for the loan agreement, or was it pretty informal? And when you added interest, did you have to report that anywhere or was it just to make the documentation look more legitimate? Also, did you end up having to explain this arrangement to anyone (like during tax filing), or was it more just for your own records in case questions came up later?

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,095 users helped today