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Partners Insights: Retirement living

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RETIREMENT LIVING Partner Insights


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Making Gifts to Grandchildren any grandparents make gifts

electing to split gifts). Gifts that do not

(“UTMA”) account offer a simple and flexible

tax advantages for education savings.

to their grandchildren. Before

exceed the annual exclusion generally avoid

option. Although the beneficiary is the legal

Contributions grow tax-free, and qualified

making such gifts, several issues

gift and GST tax consequences. Gifts ex-

owner, the assets are held by a custodian

withdrawals for educational expenses are

deserve consideration, including: (i) the

ceeding the exclusion require the use of the

until the beneficiary reaches the applicable

generally exempt from federal and state

source of the gift (e.g., bank or brokerage ac-

donor’s lifetime exemption (or, if no exemp-

age (21 years in New York), at which time

income tax.

count, retirement account, etc.); (ii) potential

tion remains, may be subject to tax).

the beneficiary gains control of the account.

For grandparents seeking to maintain

The source of the gift also matters. If cash

While contributions to a UTMA account do

control and provide asset protection, a trust

transfer (“GST”) tax, and income tax; and

is being gifted, will it require the sale of ap-

not provide an income tax deduction, they

may provide a better alternative. A trust can

(iii) who will administer the gift. Proper

preciated securities or a distribution from a

qualify for the annual gift tax exclusion,

allow the grandparent to determine when

planning can help avoid unintended conse-

traditional IRA, potentially triggering capital

making them an effective way to transfer

and under what circumstances distributions

quences.

gains or income tax?

wealth while reducing the donor’s taxable

will be made. Depending on how it is struc-

estate.

tured, a trust may also provide additional

taxes, including gift tax, generation-skipping

The 2026 federal annual gift tax exclusion is $19,000 ($38,000 for a married couple

Besides making outright cash gifts, contributions to a Uniform Transfers to Minors Act

Another option is a 529 Plan, which offers

estate and GST tax planning opportunities. Besides cash and securities, some grandparents choose to make lifetime gifts of tangible personal property, such as jewelry or family heirlooms. Whether financially valuable or not, these types of gifts often allow grandparents to witness their grandchildren’s enjoyment firsthand. More complex gifting options include making contributions to a grandchild’s existing Roth IRA or Trump Account. However, the Roth IRA option depends entirely upon the grandchild’s earned income, whereas Trump accounts don’t have such limitation. Instead, grandparents can contribute thereto during a grandchild’s “growth period” (i.e., prior to the last day of the year before a grandchild’s 18th birthday). At 18 years of age, these accounts convert to traditional IRAs; therefore, with few exceptions, withdrawals made after attaining 18 years of age and prior to attaining 59½ years of age are subject to penalties and are taxed at the grandchild’s prevailing income tax bracket. The Internal Revenue Code also permits unlimited gifts for qualified educational and medical expenses, provided payments are made directly to the educational institution or medical provider. If you’re considering making gifts to your grandchildren, the Trusts and Estates Practice Group at Bleakley Platt & Schmidt would be pleased to discuss the available options with you.


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