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Dmitry Popov

UTMA Capital Gains Taxes for a Newborn Baby - Filing Requirements?

So I'm in a bit of a sticky situation with my 4 month old daughter's UTMA account that we set up last year. Her grandparents transferred some stock directly into the account as a gift, but the brokerage automatically sold it and reinvested into their managed fund (ugh, already talked to them and fixed this for future gifts). The problem is this triggered about $9,500 in capital gains (most of it long-term) because the stock had a super low cost basis when her grandparents bought it years ago. Now I'm trying to figure out the tax situation and I'm confused. Do I need to file a separate tax return for my infant daughter? Or can I somehow include her 1099-B on my joint return with my spouse? I know either way I'm responsible for paying the taxes since my daughter obviously can't. I've been reading online that for minors with unearned income: up to $1250 is tax-free, then up to $2500 is taxed at the child's rate, and anything above $2500 gets taxed at the parents' rate. But I'm totally lost on how to actually file this correctly. Any help would be really appreciated!

Ava Garcia

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You'll need to file a separate tax return for your daughter using Form 1040. Since the capital gains exceed the $2,500 threshold for "kiddie tax" rules, a portion will be taxed at your rate using Form 8615. Here's how it breaks down: The first $1,250 of unearned income is tax-free. The next $1,250 (so that's the portion between $1,250-$2,500) is taxed at your daughter's rate, which is likely 10%. Then anything over $2,500 (so in your case, about $7,000) will be taxed at your rate using the "kiddie tax" rules. You'll need to get your daughter a Social Security number if she doesn't already have one. The tax return should be filed in her name but signed by you as the parent/custodian. Make sure to check the box indicating that she's a dependent on someone else's return.

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StarSailor}

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Quick question - does it matter if the UTMA account is set up with the parent as custodian? I'm in a similar situation but wondering if that changes anything tax-wise?

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Ava Garcia

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No, it doesn't change the tax situation. The UTMA account belongs to the child regardless of who the custodian is. The custodian (usually the parent) manages the account until the child reaches the age of majority, but for tax purposes, the money and any investment income belongs to the child and must be reported on the child's tax return. You should still file a separate return for the child following the kiddie tax rules I mentioned earlier. The custodianship just means you have the legal authority to manage the account and sign the tax return on the child's behalf.

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Miguel Silva

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I was dealing with a similar situation last year with my nephew's UTMA and found taxr.ai (https://taxr.ai) super helpful for figuring out these unusual tax situations. I was confused about exactly how to report everything, especially with the kiddie tax calculations, and their AI was able to analyze the 1099-B and walk me through the exact forms I needed. Basically it reviewed my documents and gave me step-by-step instructions for filling out Form 8615 (which is the "kiddie tax" form) and explained how everything connects to the main 1040. Saved me from making some expensive mistakes.

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Zainab Ismail

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Did you have to upload a bunch of personal documents? I'm always nervous about sharing tax info with random sites.

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How does it handle state taxes? My kid's UTMA situation is similar but I'm in CA and our state taxes are always a whole separate headache.

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Miguel Silva

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You only need to upload the specific document you want analyzed - in my case just the 1099-B. You can even blur out account numbers if you want. It's not like those tax prep services that need your whole life history. For state taxes, it actually does help with those too. It showed me how California treats UTMA accounts and kiddie tax situations differently from federal. Basically gave me guidance for both federal and state forms I needed. That saved me a ton of research because state-specific info is harder to find online.

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Zainab Ismail

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Just wanted to follow up and say I tried taxr.ai after my first hesitation. It was actually really helpful! I uploaded my daughter's 1099-B (with account numbers blurred out) and it broke down exactly how the kiddie tax applies and which forms to use. The thing I found most useful was that it explained how to properly report the basis information from the 1099-B on Form 8949 before transferring totals to Schedule D. I would have definitely messed that up. It even pointed out that I could exclude the first $1,250 of my daughter's unearned income from taxation completely, which I wasn't clear on before. Much easier than trying to piece together info from random tax websites!

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Yara Nassar

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If you've been trying to call the IRS to ask about this UTMA situation, good luck! I spent 3 hours on hold last week trying to get clarification about my son's UTMA and kiddie tax rules. Eventually gave up and tried https://claimyr.com - there's a demo video at https://youtu.be/_kiP6q8DX5c showing how it works. They basically got me a callback from the IRS in about 20 minutes instead of waiting on hold forever. The IRS agent I talked to confirmed everything about the separate return requirement and walked me through how Form 8615 works with the UTMA capital gains.

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Wait how does that actually work? They can somehow get the IRS to call you? Seems impossible with how backed up they are.

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Yeah right. Nothing gets through to the IRS these days. If this actually works I'll eat my hat.

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Yara Nassar

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It uses some kind of system that continuously redials and navigates the IRS phone tree until it gets through, then it connects you. I don't know exactly how it works behind the scenes. The IRS is definitely still backed up but this service just handles the waiting and navigating for you. When an agent is finally available, you get the call. So instead of you personally sitting on hold for hours, their system does it. It's basically just saving you from having to actively wait on hold.

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I'll admit I was wrong and I'm now hatless! After seeing the previous recommendation, I tried Claimyr yesterday because I had almost identical UTMA questions about my grandson's account. Got a call back from an actual IRS agent in about 15 minutes. The agent confirmed everything the first commenter said about filing requirements. She also pointed out something important - since my grandson's UTMA is going to have ongoing capital gains each year (smaller amounts, but still), she recommended I look into filing Form 8814 in future years which lets parents elect to include children's income on their own return if it's under certain limits. Doesn't help with the current situation but good to know for next year.

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I'll admit I was wrong and I'm now hatless! After seeing the previous recommendation, I tried Claimyr yesterday because I had almost identical UTMA questions about my grandson's account. Got a call back from an actual IRS agent in about 15 minutes. The agent confirmed everything the first commenter said about filing requirements. She also pointed out something important - since my grandson's UTMA is going to have ongoing capital gains each year (smaller amounts, but still), she recommended I look into filing Form 8814 in future years which lets parents elect to include children's income on their own return if it's under certain limits. Doesn't help with the current situation

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Paolo Ricci

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One thing nobody's mentioned - check if your state has its own kiddie tax rules! I went through this whole process correctly on federal only to discover my state has different thresholds and requirements. Had to amend everything.

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Dmitry Popov

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Thanks for bringing this up! I'll definitely check my state's rules. Is there a specific form similar to the federal 8615 that's typically used for state returns?

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Paolo Ricci

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It really varies by state. Some states follow the federal rules and use similar forms. Others have their own forms completely. Where I am (Massachusetts), they have a separate Schedule K with different income thresholds than the federal return. Your best bet is to check your state's department of revenue website and search for "minor income" or "kiddie tax" - or call them directly. The state-level info is much harder to find through general internet searches.

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Amina Toure

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Not to complicate things more, but remember you only need to file a separate return for your child if their income exceeds the standard deduction for dependents. For 2023 that's $1,250 for unearned income.

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That's misleading. If the unearned income is over $2,300 (for 2023), a tax return IS required for the dependent. OP's child had $9,500 in capital gains, so a return is definitely required. The $1,250 threshold is when the kiddie tax starts to apply, not when a return is needed. Let's not confuse the situation more!

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Amina Toure

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You're right, I wasn't clear enough. Since the OP mentioned $9,500 in capital gains, a return is definitely required since it exceeds the $2,300 threshold for dependents. I was trying to add the general rule for other readers with smaller amounts, but I should have been more specific. Thanks for the correction!

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GalacticGuru

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Just want to add something important that I learned the hard way - make sure you keep detailed records of the original gift transaction and the automatic sale/reinvestment that triggered the capital gains. The IRS may want to see documentation showing that this wasn't a deliberate sale by you as the custodian. Also, since the brokerage automatically sold and reinvested without your instruction, you might want to check if they have any liability for the unexpected tax consequences. Some brokerages have been known to help cover tax impacts when their automatic processes create unintended taxable events, especially in custodial accounts for minors. One more thing - if you're going to have ongoing similar situations with gifts to the UTMA, consider asking family members to gift cash instead of appreciated securities to avoid future kiddie tax complications. Much easier to manage!

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Tasia Synder

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Great point about documenting the automatic sale! I hadn't thought about potential brokerage liability. Do you know what kind of documentation would be most helpful to keep? I have the original gift paperwork and the 1099-B showing the sale, but wondering if there's anything else I should be collecting now while it's fresh. Also really appreciate the tip about asking for cash gifts going forward - that's such a simple solution that would avoid this whole mess in the future!

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