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Illinois 529 vs UTMA

Jacob Clark April 01, 2025

As with most life decisions, a variety of factors must be carefully evaluated when determining the most effective strategy for accumulating savings for a minor’s benefit. Throughout the decision process, the main point of emphasis must be on which account accomplishes the underlying goal of the gift. Is the goal to accumulate savings for education expenses or is the goal to accumulate savings for the general expenses of a minor? When evaluating options to achieve your goal, two accounts to consider are the Illinois BrightStart 529 plan and the Uniform Transfers to Minors Act (UTMA) account. This article will review each account’s purpose while also exploring each’s key benefits. 

This article is intended only for Illinois residents as 529 plans are governed by each state individually. Please reach out if you have any questions regarding a different state’s 529 plan. 

The numerical list below provides an overview of the Illinois BrightStart 529 plan versus the Uniform Transfers to Minors Act (UMTA) account. 

Primary Purpose 

  • Illinois BrightStart 529 – Saving for future education expenses. 
  • Illinois UTMA – Saving for general use for the benefit of the minor. 

Tax Benefits 

  • Illinois BrightStart 529 – Illinois taxpayers who are married, or filing jointly, can reduce their state taxable income up to $20,000 per year. Illinois taxpayers who are filing individually may deduct up to $10,000 per year. Investment earnings are 100% free from federal and Illinois state taxes when used for qualified education expenses. 
  • Illinois UTMA—No state income tax deduction is available. Investment earnings are subject to the “kiddie tax” from $1,350 to $2,699 and the parents’ marginal tax rate for earnings above $2,700. 

Account Ownership 

  • Illinois BrightStart 529 – The account is held in the name of the individual who established it. 
  • Illinois UTMA – The account is owned by the minor, with the custodian managing the account until the minor reaches the age of 21. 

Control Over Funds 

  • Illinois BrightStart 529 – Custodian maintains control over the account.  
  • Illinois UTMA – Custodian manages the account until the minor reaches the age of majority, which is 21 in Illinois. When the child turns 21, the account will be updated from a custodial account to an individual account, meaning that the former custodian has no control over the funds. 

Use of Funds 

  • Illinois BrightStart 529—Education expenses only. If the funds are not used for qualified higher education expenses, a federal 10% penalty tax on earnings (as well as federal and state income taxes) may apply. 
  • Illinois UTMA – Any purpose that benefits the minor. 

Contribution Limits 

  • Illinois BrightStart 529 – For the tax year 2025, there’s no federal gift tax on contributions made up to $19,000 per year for a single filer, or $38,000 for a married couple. You can also accelerate your gifting with a lump sum gift of $95,000 for a single filer or $190,000 for a married couple and pro-rate the gift over five years per the federal gift tax exclusion. 
  • Illinois UTMA – For the tax year 2025, there’s no federal gift tax on contributions made up to $19,000 per year for a single filer, or $38,000 for a married couple. Any additional contribution beyond the tax year 2025 will require a federal gift tax return. 

Both accounts are viable saving options, but we must revisit what the goal of the individual gifting the dollars is. If their primary goal is to save for education expenses, then an Illinois BrightStart plan may be the best account, while if the primary goal is general saving for a minor, a UTMA may be the best option. For more information on Illinois BrightStart 529 Plans or UTMA Accounts, please visit the links below.

Sources:

20250401 – 3

Jacob Clark

disclosure

THIS COMMENTARY HAS BEEN PREPARED BY CLEARWATER CAPITAL PARTNERS. THE OPINIONS VOICED IN THIS MATERIAL ARE FOR GENERAL INFORMATION ONLY AND ARE NOT INTENDED TO PROVIDE OR BE CONSTRUED AS PROVIDING LEGAL, ACCOUNTING, OR SPECIFIC INVESTMENT ADVICE OR RECOMMENDATIONS FOR ANY INDIVIDUAL. ALL ECONOMIC DATA IS DERIVED FROM PUBLIC SOURCES BELIEVED TO BE RELIABLE. TO DETERMINE WHICH INVESTMENTS MAY BE APPROPRIATE FOR YOU, PLEASE CONSULT WITH US PRIOR TO INVESTING. INVESTING INVOLVES RISK WHICH MAY INCLUDE LOSS OF PRINCIPAL.

This material is not intended to be relied upon as a forecast, research or investment advice, and is not a recommendation, offer or solicitation to buy or sell any securities, insurance products, or to adopt any investment strategy. The opinions expressed are as of the date of writing and may change as subsequent conditions vary. The information and opinions contained in this material are derived from proprietary and nonproprietary sources deemed by Clearwater Capital Partners to be reliable, are not necessarily all-inclusive and are not guaranteed as to accuracy. Past performance is no guarantee of future results. There is no guarantee that any forecasts made will come to pass. Reliance upon information in this material is at the sole discretion of the reader. Investment involves risks. International investing involves additional risks, including risks related to foreign currency, limited liquidity, less government regulation and the possibility of substantial volatility due to adverse political, economic or other developments. Index performance is shown for illustrative purposes only. You cannot invest directly in an index. S&P 500 is a registered trademark of Standard & Poor’s Financial Services, a division of S&P Global (“S&P”) DOW JONES, DJ, DJIA and DOW JONES INDUSTRIAL AVERAGE are registered trademarks of Dow Jones Trademark Holdings (“Dow Jones”). NASDAQ-100 Index®, NASDAQ-100®, NASDAQ Composite Index® are registered trademarks of The NASDAQ OMC Group, Inc. The two main risks related to fixed-income investing are interest rate risk and credit risk. Typically, when interest rates rise, there is a corresponding decline in the market value of bonds. Credit risk refers to the possibility that the issuer of the bond will not be able to make principal and interest payments.

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