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Switching from your UTMA/UGMA to a 529 Plan
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Should you consider switching from your UTMA/UGMA to a 529 plan? This is technically possible but be aware, there are some pitfalls. Before looking at this question, it may [link widoczny dla zalogowanych] be useful to be refreshed on the account basics.

The Uniform Transfers to Minors Act (UTMA) or the Uniform Gift to Minors Act (UGMA) is a type of custodial account for children. These uniform acts have been adopted by most states as a way to transfer ownership of property to your children. Both UTMA and UGMA provide for similar account features. In a nutshell, these Acts allow you to fund an account for "little Suzie", but will limit the access of the account to her until she is of age, typically 18-21 years depending upon where you live. She is the actual owner of the account, but you are the custodian. You will control the account until Suzie is no longer a minor. Then the custodial relationship ends and she will take control.

All gifts put into a UTMA/UGMA account are permanent gifts to your child who is the beneficiary [link widoczny dla zalogowanych] of the account. Once money is placed in the account, you can make fund withdrawals only for items that benefit your child. Some examples of these items could be private school [link widoczny dla zalogowanych] fees, a computer, books, piano lessons, a learning camp, school transportation and other items as such. Legally this is the child's money. Thus, if [link widoczny dla zalogowanych] custodial money is transferred to a 529 plan, that ownership is supposed to be maintained.

Since the money in your UTMA/UGMA fund needs to be used for [link widoczny dla zalogowanych] the benefit of your child, it means it is possible make an investment [link widoczny dla zalogowanych] into a 529 plan. The 529 plans must be established for the same child. You can't take the money from "little Suzie's" plan and put it into a new plan for "Little Bill". Different plans handle the switching from your UTMA/UGMA to a 529 plan in a couple of different ways. Either the minor child becomes the owner as well as the beneficiary or you remain the owner, but there may be restrictions on future changes to the beneficiary.

In accordance with federal [link widoczny dla zalogowanych] law, only cash can be contributed to a 529 savings plan. This means that all of your current investments in the UTMA/UGMA account need to be converted to cash if the have been placed in real estate, stocks and such. Keep in mind [link widoczny dla zalogowanych] that making these transfers will usually be a taxable event.

Perhaps a better idea would be to "spend down" the custodial account on items that you would have purchased for your child anyway. Items purchased need to be for the benefit of the child. Also items cannot be a normal parental expense such as food and shelter. It's been said that you can revisit your spending history and reimburse yourself for things like private school fees, summer camp, music lessons and such. Then you [link widoczny dla zalogowanych] would [link widoczny dla zalogowanych] take the money you're reimbursed and make an equal contribution into the 529 plan.

If you do decide to go ahead and make a direct transfer into a 529, it may be a good idea to keep the new funds in a separate account and not mix [link widoczny dla zalogowanych] them with other 529 [link widoczny dla zalogowanych] funds. You are still bound by the [link widoczny dla zalogowanych] rules of the UTMA/UGMA accounts. This means that you cannot change the beneficiary and you must turn over control of the 529 plans when your child comes of age. All future gifts to the switched plan will be treated like UGMA/UTMA contributions and they are considered permanent gifts [link widoczny dla zalogowanych] to the child. Consider these ideas when switching your UTMA/UGMA to a 529 plan.