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Question

My wife and I started a UGMA saving account for our child many years ago to be used for college. In 2007 the UGMA was rolled over to a 529 college savings using the same company. Recently my child was sent a notice by the IRS claiming she did not file a 2007 tax return. Are there tax implication from this transfer? What is required by me to hep clear this matter up with the IRS? Am I responsible for any taxes on the growth?

Submitted: 119 days and 22 hours ago.
Category: Tax
Value: $25
Status: CLOSED
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Posted by Merlo 119 days and 22 hours ago.

Info Request

Hello jeep man,

When you rolled over this money from the UGMA to a 529, did you also make any withdrawals from the 529 that same year?

If so, were the withdrawals used to pay for college tuition and fees?

Did the notice you received from the IRS indicate the reason that your daughter needed to file a return. Did they specifically refer to this 529 plan?



Edited by Merlo on 7/25/2009 at 2:12 PM

119 days and 22 hours ago.

Reply

No. 100% rollover. How do I true this up with the IRS?

119 days and 22 hours ago.

Reply

Also, there has not been any 529 withdrawal to day, still contributing.

Posted by Merlo 119 days and 22 hours ago.

Info Request

Did the IRS notice that your daughter received indicate the specific reason they were requesting a return be filed?

When the money was still held in the UGMA account, did you report and pay tax on the earnings from that account?

119 days and 22 hours ago.

Reply

No information was reported to the IRS. At the time, she was only 13, now 15. Are taxes on the growth owed and if so, would it be under her name? She had no earned income then. Would she really owe tax if no other income? The rollover was about $12K, maybe 6K of growth. Of course the 529 fund is down about 20% from that now.

Posted by Merlo 119 days and 22 hours ago.

Answer

Hello jeep man,

Now that this money is in a 529 account, the earnings will be allowed to grow on a tax deferred basis, and when withdrawals are made from that account, no tax will be due as long as the funds are used for qualified tuition expenses.

However, when the money was still in the UGMA account, any earnings on that account would have been taxable to your daughter. With a UGMA account, even though you are the custodian of the account, the money in that account belongs to your daughter and is taxed on her own return. That does not mean that she would necessarily pay a lower tax, because the "kiddie tax" may come in to play. Any earnings which exceed $1,700 would be reported by your daughter, but still taxed at the parent's tax rate.

My guess is that a 1099 was issued to your daughter for the earnings on that UGMA account, and that is likely what the IRS is looking for her to report. If you did have a 1099 for her for that year, I would simply file a return on her behalf and see how much, if any, tax is due.

The rollover that you made of these funds to a 529 account would not have been a taxable event, so I do not think that is the issue here.

Thank you jeep man, and let me know if you have more questions.

119 days and 21 hours ago.

Reply

I think we are about done here. So let me recap and as another question or two.

 

I should file a 2007 IRS 1040 under her name showing the 1099 distribution.

 

If, for example there was $5K growth (earnings) on the UGMA, will she be obligated for taxes due? Typically people who make very little in a year will get 100% of their tax refund, say $10K per year. Would this apply?

 

You mentioned that she would be taxed at her parent's rate? How does this rate get linked to my rate in the form? How will I know to use my rate in the completion of her form?

 

Lastly, where can I get a 2007 form?

Accepted Answer

Hello again jeep man,

Yes, you will need to file a 2007 return for your daughter to report any 1099 income that was reported under her name from the UGMA account.

You have talked about how typically people who make very little do not owe any tax for the year. As a general rule, taxpayers who earn less than the standard deduction amount allowed for the year and their personal exemption allowance would not owe tax and would not need to file a return. So a single person who had income of less than $9,350 in 2009 would not need to file a return and would not owe any tax. However, this same rule does not apply to minor children who have income from investments. For a child that can be claimed as a dependent on their parent's return, that child must file a return if they have investment income of $900 or more for the year.

When your daughter files a return, if she had investment income of more than $1,700 for the 2007 tax year, then you would use Form 8615 to compute the actual amount of her tax due rather than using the standard tax tables. When you fill out this form, that is where your income will come in to play and your tax rate will end up being used for part of her earnings.

If this was helpful please press the Accept button. Positive feedback is also greatly appreciated.

Thank you jeep man.



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Expert: Merlo
Pos. Feedback: 99.8 %
Accepts: 
Answered: 7/25/2009

Accountant

25+ years tax consulting. Specializing in returns for US citizens living abroad

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