What Is the Kiddie Tax?

The kiddie tax is a tax rule designed to prevent parents from shifting investment income to their children to take advantage of lower tax rates. Introduced in 1986, it ensures that unearned income from a child’s investments, such as dividends and interest, is taxed at a higher rate once it exceeds a certain threshold.

Understanding how the kiddie tax works is important for parents of children under age 24 who may be earning money from their own savings and investments. What follows is a simple breakdown of the kiddie tax rules, including who is subject to kiddie tax and how to keep your child’s unearned income below the kiddie tax threshold.

Key Points

•   The kiddie tax prevents parents from shifting investment income to children to take advantage of lower tax rates.

•   If a child’s unearned income exceeds the kiddie tax threshold, it’s taxed at the parents’ tax rate rather than the child’s tax rate.

•   The kiddie tax threshold is $2,700 for 2025 and 2026.

•   Unearned income includes dividends, interest, and capital gains.

•   Tax-efficient investment strategies can help minimize the impact of the kiddie tax.

Definition and Purpose of the Kiddie Tax


The kiddie tax applies to unearned income of children under age 24 (with some exceptions). Unearned income refers to any income that is not acquired through work, and includes income received through investing, such as capital gains distributions, dividends, and interest.

Kiddie taxes were introduced in 1986 as part of the Tax Reform Act to prevent parents from transferring wealth to children as a tax loophole.2 Before the kiddie tax, wealthy families could transfer income-producing assets or make large stock gifts to their children, who were in lower tax brackets, thereby reducing their overall tax liability. The kiddie tax rule ensures that high levels of unearned income are taxed at a rate comparable to the parents’ tax rate rather than the child’s lower rate.

Who Is Subject to the Kiddie Tax?


The kiddie tax applies to children aged 18 and younger, as well as full-time students who are aged 19 to 23, whose unearned income is higher than an annually determined threshold. For 2025 and 2026, the kiddie tax threshold is $2,700.

If a child meets the above criteria, any unearned income that exceeds the annual threshold will be taxed at the parents’ higher marginal tax rate rather than the child’s lower rate.

An exception to this investment tax rule is a child aged 18 or a full-time student aged 19 to 23 with enough earned income (from working) to cover more than half the cost of their support. Those under 24 who file tax returns as married filing jointly or who are not required to file a tax return for the tax year (due to income below the filing threshold) are also exempt.

It’s also important to note that the kiddie tax does not apply to a child’s earned income; their wages, salaries, or tips are taxed at the child’s own tax rate.

Recommended: When Do You Pay Taxes on Stocks?

How the Kiddie Tax Is Calculated


The kiddie tax is calculated based on the child’s unearned income. This generally includes interest, dividends, capital gains, taxable scholarships, trust distributions, and income from gifts or inheritances. It also includes any taxable welfare or Veterans Affairs benefits distributed to a child.

Here’s how the kiddie tax rate applies for tax year 2025 (filed in 2026):

•   The first $1,350 in unearned income qualifies for the kiddie tax standard deduction and is tax-free.

•   The next $1,350 in unearned income is subject to the child’s tax rate.

•   Unearned income above $2,700 is taxed at the parents’ marginal tax rate.

The kiddie tax threshold stays the same for for tax year 2026 (filed in 2027):

•   The first $1,350 in unearned income is tax-free.

•   The next $1,350 in unearned income is subject to the child’s tax rate.

•   Unearned income above $2,700 is taxed at the parents’ marginal tax rate.

Marginal tax rates for parents range from 10% to 37% for the 2025 and 2026 tax years.

Recent Changes to Kiddie Tax Laws


The kiddie tax first emerged as part of the Tax Reform Act of 1986 as a way to ensure that wealthy parents could not significantly reduce tax obligations by shifting large amounts of investment income to their children. The rule stipulated that all unearned income above a certain threshold is taxed at the parent’s marginal income tax rate rather than the child’s tax rate.

In 2017, the Tax Cuts and Jobs Act made an adjustment to the kiddie tax rule effective for tax year 2018: It substituted the tax rates that apply to trusts and estates for the parents’ tax rate. However, this made the kiddie tax significantly more costly to certain families, including Gold Star children that receive survivor benefits.

In response, Congress included a provision in the Setting Every Community Up for Retirement Enhancement Act (SECURE Act), which became law in 2019, to revert the kiddie tax to the old rules, where unearned income is taxed at the parents’ marginal tax rate rather than the trust tax rates. This change was retroactive to the 2018 tax year, allowing affected taxpayers to amend prior-year returns (if desired).

Since then, no major revisions have been proposed or enacted regarding the kiddie tax, though that’s always subject to change.

Recommended: How to Calculate Stock Profit

Strategies to Minimize Kiddie Tax Liability


To reduce potential kiddie tax liability, parents can implement several tax-planning strategies:

•   Track your child’s investment income throughout the year: If their earnings or gains get close to the threshold, you may be able to sell losing stocks to trigger a capital loss. This strategy, known as tax-loss harvesting, could help offset the gains and potentially allow your child to avoid a kiddie tax hit.

•   Invest in tax-efficient accounts: Consider placing your child’s assets in tax-advantaged accounts like 529 college savings plans or Roth IRAs for kids (if they have earned income), where investment gains grow tax-free.

•   Explore municipal bonds: Interest earned from municipal bonds is generally tax-free at the federal level and may also be exempt from state and local taxes.

•   Shift investments to growth stocks: For tax-efficient investing, you might choose growth stocks that focus on appreciation rather than paying dividends. This can defer taxable income until your child sells the investment (likely at a lower tax rate).

•   Encourage earned income: The kiddie tax does not apply to a child who is age 18 to 23 if their earned income exceeds 50% of their support for the year.

Reporting Kiddie Tax on Your Tax Return


To report and pay the kiddie tax on a child’s unearned income, you can have your child file their own tax return using IRS Form 8615. Or, if your child’s gross income is less than $13,500 in 2025 and 2026, you may be able to include your child’s unearned income on your own tax return using IRS Form 8814.

It can be a good idea to consult an accountant or tax professional to determine the best approach for your situation.

The Takeaway


The kiddie tax serves as an important safeguard against income shifting by taxing a child’s unearned income at their parents’ tax rate when it exceeds a certain threshold. Understanding the limits that may apply to your child’s unearned income and how the kiddie tax is calculated can help you understand their tax liabilities, as well as tax-efficient strategies that may be employed.

Determining the tax rules and obligations your family may be subject to can be complicated, however, so it can be a good idea to consult with a tax or financial advisor.

Ready to invest in your goals? It’s easy to get started when you open an investment account with SoFi Invest. You can invest in stocks, exchange-traded funds (ETFs), mutual funds, alternative funds, and more. SoFi doesn’t charge commissions, but other fees apply (full fee disclosure here).

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FAQ


What types of income are subject to the kiddie tax?


The kiddie tax applies to a child’s unearned income, which includes interest, dividends, capital gains, taxable scholarships, trust distributions, and income from gifts or inheritances. It does not apply to earned income from wages, salaries, or self-employment.

If a child’s unearned income exceeds the annual threshold ($2,700 for tax years 2025 and 2026), the excess is taxed at the parents’ marginal tax rate. This prevents parents from transferring income-producing assets to children to reduce their tax liability.

Are there any exemptions to the kiddie tax?


Yes, the kiddie tax only applies to a child’s unearned income, which may include income from savings and investments above a certain threshold. Earned income from a part- or full-time job or self-employment is not subject to the kiddie tax. Other exceptions include a child with earned income totaling more than half the cost of their support or who is not required to file a return for the tax year (due to income below the filing thresholds).

At what age does the kiddie tax no longer apply?


The kiddie tax no longer applies once a child turns 19, or 25 if they are full-time students, by the end of the tax year. After that cut-off age, all income — both earned and unearned — is taxed at regular individual rates. This means that investment income will be taxed based on the child’s own tax bracket rather than their parents’ rate.


About the author

Rebecca Lake

Rebecca Lake

Rebecca Lake has been a finance writer for nearly a decade, specializing in personal finance, investing, and small business. She is a contributor at Forbes Advisor, SmartAsset, Investopedia, The Balance, MyBankTracker, MoneyRates and CreditCards.com. Read full bio.



Photo credit: iStock/Morsa Images

INVESTMENTS ARE NOT FDIC INSURED • ARE NOT BANK GUARANTEED • MAY LOSE VALUE

SoFi Invest is a trade name used by SoFi Wealth LLC and SoFi Securities LLC offering investment products and services. Robo investing and advisory services are provided by SoFi Wealth LLC, an SEC-registered investment adviser. Brokerage and self-directed investing products offered through SoFi Securities LLC, Member FINRA/SIPC.

For disclosures on SoFi Invest platforms visit SoFi.com/legal. For a full listing of the fees associated with Sofi Invest please view our fee schedule.

Financial Tips & Strategies: The tips provided on this website are of a general nature and do not take into account your specific objectives, financial situation, and needs. You should always consider their appropriateness given your own circumstances.

Tax Information: This article provides general background information only and is not intended to serve as legal or tax advice or as a substitute for legal counsel. You should consult your own attorney and/or tax advisor if you have a question requiring legal or tax advice.

External Websites: The information and analysis provided through hyperlinks to third-party websites, while believed to be accurate, cannot be guaranteed by SoFi. Links are provided for informational purposes and should not be viewed as an endorsement.

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Understanding Stop-Loss Orders: A Comprehensive Guide

When an investor places a stop-loss order, sometimes referred to as a stop order, they order their broker to buy or sell a stock once shares reach a certain price. This price is called a “stop price.” Placing a stop-loss order can potentially help keep people from losing money.

There are several types of stop-loss orders, too, that investors can use to increase their chances of retaining any applicable returns. Knowing what they are, and how to use them, can be beneficial to many investors.

Key Points

•   Stop-loss orders automatically execute transactions at specified price levels, helping to limit potential losses.

•   Sell-stop orders trigger sales when prices fall, while buy-stop orders trigger purchases when prices rise.

•   Trailing stop-loss orders adjust dynamically, selling if prices drop by a set amount from the highest point.

•   Advantages may include effective risk management, potentially securing profits, and reducing the need for constant market monitoring.

•   Drawbacks may involve potential execution at lower prices than intended, especially in volatile markets.

What Is a Stop-Loss Order?

A stop-loss order is a market order type that automatically executes a transaction once certain parameters are met — those parameters being set by the investor. In effect, a stop-loss order may help an investor limit potential losses or protect their gains in relation to a given position.

It may be helpful to think of stop-loss orders as a set of instructions given to your brokerage or investment platform that will automatically execute a trade once a security reaches a given price.

How Stop-Loss Orders Work

Stop-loss orders work by executing a predetermined order or set of instructions set by an investor or trader. Effectively, an investor can decide that if the value of one of their stocks falls below a certain threshold, they’ll want to sell it, thereby preserving the gain or profit they’ve made on the stock’s appreciation over time.

So, if the stock’s value starts to fall, and hits the threshold decided upon by the investor, an automatic sell order will execute, and the investor’s position will be vacated – or, their stocks will be sold automatically. This way, if the stock continues to lose value, the investor’s already cashed out, and they won’t lose any more value if they had held onto their stocks. Note, though, that a trade may not necessarily be executed at exactly the determined stop price.

Different Types of Stop-Loss Orders

There are a few key types of stop-loss orders investors should know about:

Sell-Stop Order

A sell-stop order is an order to sell a stock when shares hit a certain price. Here’s how a sell-stop order might work:

Daniel buys 10 shares of Stock X at $150 each. He knows he could lose money, but he wouldn’t be comfortable losing more than 10% of what he initially invests.

To ensure he doesn’t lose more than 10%, Daniel sets up a sell-stop order for $135, which is 10% less than he originally paid for his shares of Stock X. If Stock X shares drop to $135, his broker will immediately sell them, so he only loses 10%.

By setting up a sell-stop order, Daniel has limited his losses. (Remember, 10% is just an example, not a suggestion. Everyone has different preferences when investing.)

Now let’s look at an example of how a sell-stop order might preserve capital gains. This time, Daniel buys 10 shares of Stock Y for $100 each. Six months later, shares have increased to $150 each.

Daniel doesn’t want to lose any of his unrealized gains. “Unrealized gains” are the gains investors make when share prices increase, but they haven’t sold their shares, so they haven’t collected any of the money yet.

Daniel’s Stock Y shares have increased by $50, or $500 total. If the share price drops below the original $100, he could lose all those unrecognized gains.

But Daniel isn’t ready to sell his Stock Y shares yet, either. If the share price continues to increase, he wants to keep earning money. So, he sets up a sell-stop order.

Now that the Stock Y share price is $150, Daniel might set up a sell-stop order for, say, $130. If shares drop to $130, his broker automatically sells them.

Although Daniel wouldn’t be able to keep the full $500 he could have earned had he sold his shares at $150, he would still pocket $30 per share, or $300 total.

In the example of Daniel’s Stock X shares, he prevented losses. With his Stock Y shares, he’s preserved his gains. When trading, you’ll probably hear the term “market order” pop up frequently. Know that a stop-loss order is not the same as a market order. When people place market orders, they buy or sell stocks at the current market price, whatever that may be. With a stop-loss order, people “schedule” a market order that is triggered once a predetermined price has been hit.

So once a stock hits its stop price, the stop-loss order becomes a market order. The stop price isn’t necessarily the same price that the shares will be sold at.

For example, Daniel’s stop price for his Stock Y shares is $130, but by the time they sell, they may have dropped to $125.

As a result, he loses more money than he’d anticipated. Or the share price could increase to $135 when they sell, so Daniel only loses $15 per share, even though he was prepared to lose $20.

Buy-Stop Order

A buy-stop order is similarly exactly what it sounds like: Investors set up a buy-stop order to purchase a stock once shares hit a price higher than the current market price.

Buy-stop orders are placed under the assumption that once a stock starts to increase, it will gain momentum and continue to rise.

If Daniel knows that Stock S shares generally sell for between $20 and $25, he might set up a buy-stop order to purchase 10 shares once they reach $26. The computer system would buy 10 shares on his behalf, and he’d hope Stock S share prices would continue to rise.

Trailing Stop-loss Order

Regular sell-stop orders and buy-stop orders are set at a specific dollar amount. Trailing stop-loss orders are different.

When someone sets a sell trailing-stop order for a certain amount, it tracks (or “trails”) the stock and sells shares once they decrease by that amount. A buy trailing-stop order “trails” the stock and buys shares once they increase by that amount.

Let’s look at an example with real numbers to break it down.

Let’s say Daniel buys shares of Stock A for $40 each. He sets a sell trailing stop-loss order for $1. As long as the stock increases, he’ll hold onto his shares. But as soon as the share price dips by $1, Daniel’s broker will sell his shares of Stock A.

If Stock A’s share price drops from $40 to $39, Daniel’s broker will sell his shares. And if the share price gradually increases to $44 but then drops to $43, a sell trailing-stop order for $1 will cause his broker to sell shares at a stop price of $43. (But remember, because a stop-loss order turns into a market order, shares might be at a price other than $43 by the time they sell.)

Trailing-stop orders are useful for preserving gains. As long as share prices increase, investors keep their shares. Once it decreases by a predetermined amount, the stock is sold.

Advantages of Using Stop-Loss Orders

Stop-loss orders have a couple of primary advantages: Limiting losses, and preserving gains.

Risk Management and Loss Limitation

The most obvious advantage of a stop-loss order is that it keeps people from losing too much money in the market. In the first example of Daniel’s shares of Roku, he set a sell-stop order so that even if he did lose money, he didn’t lose more than he was comfortable with or could afford.

Stop-loss orders aren’t just for preventing losses, though. People can also use them to secure a capital gain.

With Daniel’s stop-loss order for Stock Y, his shares increased from $100 to $150, and he set up a sell-stop order for $130 so that if the stock started to dip, he would pocket at least $30 per share, or $300 total.

If Daniel hadn’t set that sell-stop order for his Stock Y investment, he could have incurred a net loss. Hypothetically, let’s say the share price continued to drop to $90 before he finally sold. He would have lost $10 per share, or $100, rather than gained $300.

Using Stop-Loss Orders to Help Preserve Gains

Stop-loss orders may also help preserve capital gains, which may help reduce stress for some investors. People don’t have to check in on their stocks three times per day, five days per week to track share prices and decide whether they want to buy or sell.

Stop-loss orders help remove other emotions from the process, too. It can be easy to make irrational or rash decisions when trading stocks.

Daniel might get emotionally attached to his Stock Y shares, so he holds onto it even when it becomes a bad investment. Or he tells himself he’ll sell once Stock Y shares drop 10%, but he has a hard time pulling the trigger.

Some people are the type to “set it and forget it.” They buy stocks and forget to check in on them at all. Daniel might say he’ll sell his Stock Y shares when the price decreases 10%, but he simply forgets to check the market for three months. Stock Y’s share price continues to drop, and he loses significant money.

Stop-loss orders can be ideal for investors who want to “set it and forget it” and they have the potential to reduce portfolio risk if used appropriately.

Disadvantages and Risks of Stop-Loss Orders

Stop-loss orders can have some drawbacks, too, just as they have potential advantages.

Potential Drawbacks and Market Impact

Stop-loss orders can work against investors when there’s a short-term drop in the share price, or drawback.

Consider this: Maybe Daniel buys 20 shares of Stock B for $30 per share. He sets a sell-stop order for $28. Monday, shares are at $30, but they fall to $28 on Tuesday, so his broker automatically sells all 20 shares. By Friday, shares have jumped up to $33, so Daniel has lost $60 in just a few days because there was a short-term dip.

It’s helpful to research how much a stock tends to fluctuate in a given amount of time to avoid these types of problems. Maybe Stock B’s share price regularly fluctuates by a few dollars at a time, so Daniel should have set his stop-loss order at a lower price.

If investors understand their stocks’ trends, they can probably set up stop-loss orders more strategically. However, research goes out the window when there is a “flash crash.” This is a sudden, aggressive drop in stock prices — but prices can jump back up just as quickly.

Flash crashes aren’t common, but they occasionally occur.

In this case, Daniel’s Stock B shares could drop from $30 to $15 in the morning, and because he set up a sell-stop order, they automatically sell. But the share price jumps to $32 by the time the closing bell sounds, and Daniel loses out on those gains because he had a sell-stop order.

Understanding Price Gaps and Slippage

Another drawback to consider is that once a stock hits its stop price, the stop-loss order becomes a market order, or an order to sell a stock at the current market price. When a stop-loss order becomes a market order, shares sell for the next available price — or, what’s often called a price gap.

If the difference between an investor’s stop price and the next available price is a few cents, it might not be a big deal. But if the market is volatile that day and the market price is several dollars below the stop price, someone could end up losing quite a bit of cash — especially in the case of a flash crash.

Granted, a stop-loss order turning into a market order could be either a pro or a con, depending on whether a share price increases or decreases. Regardless, some investors might consider it a disadvantage to not know what to expect.

When and Why to Use Stop-Loss Orders

Investors can choose to use stop-loss orders in a variety of scenarios, but they can likely be most beneficial if an investor feels that a security’s price is likely to fall in the near future, or if they’re particularly risk-averse and want to preserve gains.

With that in mind, there may not necessarily be an ideal scenario in which a stop-loss order is best used or deployed — it’ll depend on the individual investor’s goals and concerns. Again, if they’re particularly risk-averse or at a point in their life where they can’t wait for the market to rebound, and want to preserve gains, it may be a good idea to use one. If not, a stop-loss order may be less useful.

It may be a good idea to talk to a financial professional, too, about when or if using a stop-loss order is a good idea at a given point in time.

Strategic Considerations in Various Market Conditions

If you’re uncomfortable with the risks that come with stop-loss orders, you may choose not to use them. But know that a huge purpose of stop-loss orders is to minimize risk, and depending on market conditions, they may help ease your anxiety. Even so, it might be helpful to think about the trade-offs and whether the pros outweigh the cons, in your particular financial situation.

💡 Quick Tip: Are self-directed brokerage accounts cost efficient? They can be, because they offer the convenience of being able to buy stocks online without using a traditional full-service broker (and the typical broker fees).

Setting Stop-Loss Order Levels

While each and every investor will have different considerations to make when setting stop-loss order levels, there are some things to broadly keep in mind.

Determining Price Levels for Stop-Loss Orders

There’s no exact science when determining price levels for stop-loss orders. It really comes down to an investor’s risk threshold — or, how much loss they’re willing to stomach before they want to bail on a position. Again, that will vary from investor to investor.

It may be helpful to think of that threshold in terms of a percentage. For instance, if a stock’s value declines by 10%, would you want to sell? How about 20%? These can be broad, general markers that many investors can utilize. But there are more advanced methods, too, like using moving averages to determine an acceptable stop-loss placement.

You could even use support and resistance levels to work as guidelines, too. It depends on how thorough or exact you’d like to be.

The Takeaway

Stop-loss orders are a type of market order that can be helpful to investors who want to preserve their gains, or who may want to limit their risk. There’s no exact science as to when and how to use them, but they can be an important and powerful tool in any investor’s kit, though there’s no obligation to ever necessarily use them.

If you’re unsure of whether you should start incorporating stop-loss orders into your strategy, it may be helpful to talk about it with a financial professional. Again, these are just one tool of many, and if you’re particularly risk-averse, they may be worth investigating further.

Ready to invest in your goals? It’s easy to get started when you open an investment account with SoFi Invest. You can invest in stocks, exchange-traded funds (ETFs), mutual funds, alternative funds, and more. SoFi doesn’t charge commissions, but other fees apply (full fee disclosure here).

Opening and funding an Active Invest account gives you the opportunity to get up to $1,000 in the stock of your choice.¹


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FAQ

What’s the main difference between a limit stop-loss order and limit order?

The main difference between a limit stop-loss order and a limit order is that limit orders guarantee trades executed at a specified price, whereas stop orders can be used to limit potential losses. Limit orders specify the maximum price an investor is willing to pay, where a stop-loss order specifies the threshold at which an investor wishes to sell.

Do stop-loss orders always work?

Stop-loss orders do not always work, as there can be glitches within a trading platform’s system, low market liquidity, trading stoppages, and market gaps that can undermine an investor’s plans. Using a stop-loss order does not guarantee profits.

Is a stop-loss order better than a stop-limit?

A stop-loss order is not necessarily better than a stop-limit order, as they’re two different things that can or could be used together as a part of an overall investment strategy.

Is a stop-loss a good strategy?

Using stop-loss orders may be a good strategy for certain investors, but it’ll depend on the specific investor’s overall strategy, goals, and risk tolerance. What’s good for one investor may not necessarily be good for another.

What are stop-loss rules?

Stop-loss rules are specified by investors when inputting a stop-loss order. These rules specify the price at which an investor will want to vacate a position or sell their holdings. It’s a threshold at which they want to sell and maintain their gains.

What is the best way to set up stop-loss and make a profit?

There are many strategies and tactics that investors can use to set up stop-loss orders, which might help them maintain profit and value. Some investors, for example, use a percentage as a guideline, while others might use moving averages to determine stop-loss limits, and others could use support and resistance levels.


INVESTMENTS ARE NOT FDIC INSURED • ARE NOT BANK GUARANTEED • MAY LOSE VALUE

SoFi Invest is a trade name used by SoFi Wealth LLC and SoFi Securities LLC offering investment products and services. Robo investing and advisory services are provided by SoFi Wealth LLC, an SEC-registered investment adviser. Brokerage and self-directed investing products offered through SoFi Securities LLC, Member FINRA/SIPC.

For disclosures on SoFi Invest platforms visit SoFi.com/legal. For a full listing of the fees associated with Sofi Invest please view our fee schedule.

Disclaimer: The projections or other information regarding the likelihood of various investment outcomes are hypothetical in nature, do not reflect actual investment results, and are not guarantees of future results.

Financial Tips & Strategies: The tips provided on this website are of a general nature and do not take into account your specific objectives, financial situation, and needs. You should always consider their appropriateness given your own circumstances.

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What is a 401(k) Profit Sharing Plan?

Like a traditional 401(k) plan, a profit-sharing 401(k) plan is an employee benefit that can provide a vehicle for tax-deferred retirement savings. But the biggest difference between an employer-sponsored 401(k) and a profit-sharing 401(k) plan is that in a profit share plan, employers have control over how much money — if any — they contribute to the employee’s account from year to year.

Here’s what employees should know about a profit-sharing 401(k) retirement plan.

Key Points

•   Profit-sharing 401(k) plans provide tax-deferred retirement savings with optional employer contributions based on company profits.

•   Employees can contribute up to $23,500 in 2025, and up to $24,500 in 2026, plus catch-up contributions for those aged 50 and up.

•   Employer contributions are flexible, potentially helping to reduce tax liability.

•   Types of profit-shating 401(k)s include Pro-Rata, New Comparability, Age-Weighted, and Integrated plans, each with unique distribution methods.

•   For some employees, profit-sharing 401(k) plans may be more lucrative than a traditional 401(k) .

How Does 401(k) Profit Sharing Work?

Aside from the way employer contributions are handled, a profit-sharing 401(k) plan works similarly to a traditional employer-sponsored 401(k). Under a 401(k) profit share plan, as with a regular 401(k) plan, an employee can allocate a portion of pre-tax income into a 401(k) account, up to a maximum of $23,500 in 2025 and $24,500 in 2026. Those 50 and older can contribute an additional $7,500 in catch-up contributions, in 2025 for a total of up to $31,000, and an additional $8,000 in catch-up contributions in 2026 for a total of $32,500. In both 2025 and 2026, those aged 60 to 63 can make special catch-contributions of up to $11,250 (instead of $7,500 and $8,000 respectively), for a total of $34,750 in 2025 and $35,750 in 2026, thanks to SECURE 2.0.

At year’s end, employers can choose to contribute part of their profits to employees’ plans, tax-deferred. As with a traditional 401(k), maximum total contributions to an account must be the lesser of 100% of the employee’s salary or $70,000 in 2025 and $72,000 in 2026, per the IRS. In 2025, the limit is $77,500 for those 50 and up, and $81,250 for those aged 60 to 63, because of SECURE 2.0. In 2026, the limit is $80,000 for those 50 and older, and $83,250 for those aged 60 to 63.

There are several types of 401(k) profit-sharing setups employers can choose from. Each of these distributes funds in slightly different ways.

Pro-Rata Plans

In this common type of plan, all employees receive employer contributions at the same rate. In other words, the employer can make the decision to contribute 3% (or any percentage they choose) of an employee’s compensation as an employer contribution. The amount an employer can contribute is capped at 25% of total employee compensation paid to participants in the plan.

New Comparability 401(k) Profit Sharing

In this plan, employers can group employees when outlining a contribution plan. For example, executives could receive a certain percentage of their compensation as contribution, while other employees could receive a different percentage. This might be an option for a small business with several owners that wish to be compensated through a profit-sharing plan.

Age-Weighted Plans

This plan calculates percentage contributions based on retirement age. In other words, older employees will receive a greater percentage of their salary than younger employees, by birth date. This can be a way for employers to retain talent over time.

Integrated Profit Sharing

This type of plan uses Social Security (SS) taxable income levels to calculate the amount the employer shares with employees. Because Social Security benefits are only paid on compensation below a certain threshold, this method allows employers to make up for lost SS compensation to high earners, by giving them a larger cut of the profit sharing.

Pros and Cons of 401(k) Profit Sharing

There are benefits and drawbacks for both employers and employees who participate in a profit-sharing 401(k) plan.

Employer Pro: Flexibility of Employer Contributions

Flexibility with plan contribution amounts is one reason profit-share plans are popular with employers. An employer can set aside a portion of their pre-tax earnings to share with employees at the end of the year. If the business doesn’t do well, they may not allocate any dollars. But if the business does do well, they can allow employees to benefit from the additional profits.

Employer Pro: Flexibility in Distributions

Profit sharing also gives employers flexibility in how they wish to distribute funds among employees, using the Pro-Rata, New Comparability, Age-Weighted, or Integrated profit sharing strategy.

Employer Pro: Lower Tax Liability

Another advantage of profit-share plans is that they may allow employers to lower tax liability during profitable years. A traditional employer contribution to a 401(k) does not have the flexibility of changing the contribution based on profits, so this strategy may help a company maintain financial liquidity during lean years and lower tax liability during profitable years.

Employee Pro: Larger Contribution Potential

Some employees might appreciate that their employer 401(k) contribution is tied to profits, as the compensation might feel like a more direct reflection of the hard work they and others put into the company. When the company succeeds, they feel the love in their contribution amounts.

Additionally, depending on the type of distribution strategy the employer utilizes, certain employees may find a profit-sharing 401(k) plan to be more lucrative than a traditional 401(k) plan. For example, an executive in a company that follows the New Compatibility approach might be pleased with the larger percentage of profits shared, versus more junior staffers.

Employee Con: Inconsistent Contributions

While employers may consider the flexibility in contributions from year to year a positive, it’s possible that employees might find that same attribute of profit-sharing 401(k) plans to be a negative. The unpredictability of profit share plans can be disconcerting to some employees who may have previously worked for an employer who had a traditional, consistent employer 401(k) match set up.

Employee/Employer Pro: Solo 401(k) Contributions

A profit-share strategy can be one way solo business owners can maximize their retirement savings. Once a solo 401(k) is set up with profit sharing, a business owner can put up to $23,500 a year into the account, plus up to 25% of net earnings, up to a total of $70,000 in 2025, and up to $24,500 in 2026, plus up to 25% net of earnings, up to a total of $72,000. This retirement savings vehicle also provides flexibility from year to year, depending on profits.

💡 Quick Tip: The advantage of opening a Roth IRA and a tax-deferred account like a 401(k) or traditional IRA is that by the time you retire, you’ll have tax-free income from your Roth, and taxable income from the tax-deferred account. This can help with tax planning.

Withdrawals and Taxes on 401(k) Profit Share Plans

A 401(k) with a generous profit-share plan can help you build your retirement nest egg. But what about when you’re ready to take out distributions? A 401(k) withdrawal will have penalties if you withdraw funds before you’re 59 ½ (barring certain circumstances laid out by the IRS) but the money will still be taxable income once you reach retirement age.

Additionally, like traditional 401(k) plans, a profit-sharing 401(k) plan has required minimum distribution requirements (RMDs) once an account holder turns 73.

Investors who anticipate being in a high tax bracket during their retirement years might choose to consider different strategies to lower their tax liability in the future. For some, this could include converting the 401(k) into a Roth IRA when doing a rollover. To do this, they first have to roll over the 401(k) to a traditional IRA. This is sometimes called a “backdoor Roth IRA” because rolling over the 401(k) generally does not subject an investor to the income limitations that cap Roth contributions.

An investor would need to pay taxes on the money they convert into a Roth IRA, but distributions in retirement years would not be taxed the way they would have if they were kept in a 401(k). In general, any 401(k) participant who qualifies for a Roth IRA can do this, but the additional funds in a 401(k) profit-share account could potentially make these moves that much more impactful in the future.

The Takeaway

A 401(k) profit-sharing plan allows employees to contribute pre-tax dollars to their retirement savings, as well as benefit from their employer’s profitability. But because profit-share plans can take multiple forms, it’s important for employees to understand what their employer is offering. That way, employees can work to create a robust retirement savings strategy that makes sense for them.

Another step that could also help you manage your retirement savings is doing a 401(k) rollover, where you move funds from an old account to a rollover IRA. You may want to consider this option if you have a 401(k) from a previous employer, for instance.

Prepare for your retirement with an individual retirement account (IRA). It’s easy to get started when you open a traditional or Roth IRA with SoFi. Whether you prefer a hands-on self-directed IRA or an automated robo IRA, you can build a portfolio to help support your long-term goals while gaining access to tax-advantaged savings strategies.

Help grow your nest egg with a SoFi IRA.

🛈 While SoFi does not offer 401(k) plans at this time, we do offer individual retirement accounts (IRAs)..

FAQ

Can I cash out my profit-sharing?

You can cash out your profit-sharing 401(k) without penalty once you reach age 59 ½. Withdrawals taken before that time are subject to penalty. However, if you leave the company, you can roll over the profit-sharing 401(k) into an IRA without penalty as long as you follow the IRS rollover rules.

How much tax do you pay on profit-sharing withdrawal?

You pay regular income tax on profit-sharing withdrawals. Depending on what tax bracket you’re in, you might pay anywhere from 10% to 37%.

Is profit-sharing 100% vested?

Depending on your company, your profit-sharing contributions may be 100% vested right away, or they may follow a vesting schedule that requires you to work for a certain number of years before you have full ownership of your contributions.

Can I roll my profit-sharing plan into an IRA?

You can roll over your profit-sharing plan into an IRA when you leave your company. You can choose to have the funds directly transferred from your profit-sharing plan to an IRA, or you can have the money paid to you and then deposit the funds into an IRA yourself. Just be sure to complete the rollover within 60 days to avoid being taxed.


INVESTMENTS ARE NOT FDIC INSURED • ARE NOT BANK GUARANTEED • MAY LOSE VALUE

SoFi Invest is a trade name used by SoFi Wealth LLC and SoFi Securities LLC offering investment products and services. Robo investing and advisory services are provided by SoFi Wealth LLC, an SEC-registered investment adviser. Brokerage and self-directed investing products offered through SoFi Securities LLC, Member FINRA/SIPC.

For disclosures on SoFi Invest platforms visit SoFi.com/legal. For a full listing of the fees associated with Sofi Invest please view our fee schedule.

Financial Tips & Strategies: The tips provided on this website are of a general nature and do not take into account your specific objectives, financial situation, and needs. You should always consider their appropriateness given your own circumstances.

Tax Information: This article provides general background information only and is not intended to serve as legal or tax advice or as a substitute for legal counsel. You should consult your own attorney and/or tax advisor if you have a question requiring legal or tax advice.

Third Party Trademarks: Certified Financial Planner Board of Standards Center for Financial Planning, Inc. owns and licenses the certification marks CFP®, CERTIFIED FINANCIAL PLANNER®

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What Is 401(k) Matching and How Does It Work?

Matching in 401(k) retirement accounts involves an employee making a contribution to the account, and their employer mirroring that contribution — or matching it. A 401(k) is a mechanism for saving retirement funds by making pre-tax contributions through deductions from payroll.

Some plans offer a 401(k) employer match, which can be the equivalent of getting “free money” from an employer. That can help increase an investor’s retirement savings over time.

Key Points

•   401(k) matching involves employers contributing to an employee’s retirement plan, matching the employee’s contributions up to a certain limit.

•   Benefits include tax-deferred growth on investments and immediate ownership of contributions.

•   Matching rates vary, with some employers offering dollar-for-dollar matches and others a percentage.

•   Contribution limits are set annually, with additional catch-up contributions allowed for those over 50.

•   Vesting schedules determine when employees gain full ownership of employer contributions.

What Is 401(k) Matching?

Matching a 401(k) contribution means that an employer matches or mirrors an employee’s contribution to their retirement account, typically up to a certain percentage. In effect, if an employee contributes $1 to their 401(k), an employer would also contribute $1, thereby “matching” the contribution. But again, there are limits to how much employers are generally willing to match.

There are certain advantages to 401(k) matching.

For one, investment gains and elective deferrals to 401(k) plans are not subject to federal income tax until they’re distributed, which is typically when:

•   The participant reaches the age of 59 ½

•   The participant becomes disabled, deceased, or otherwise has a severance from employment

•   The plan terminates and no subsequent plan is established by the employer

•   The participant incurs a financial hardship

Second, elective deferrals are 100% vested. The participant owns 100% of the money in their account, and the employer cannot take it back or forfeit it for any reason.

And third, participants choose how to invest their 401(k). The plans are mainly self-directed, meaning participants decide how they’d like to invest the money in their account. This could mean mutual funds or exchange-traded funds (ETFs) which invest in a wide array of sectors and companies, but typically doesn’t include investing in individual companies and stocks.

Investment tactics might vary from person to person, but by understanding their goals, investors can decide whether their portfolio will have time to withstand market ups and downs with some high-risk, high-reward investments, or if they should shift to a more conservative allocation as they come closer to retirement.

💡 Quick Tip: The advantage of opening a Roth IRA and a tax-deferred account like a 401(k) or traditional IRA is that by the time you retire, you’ll have tax-free income from your Roth, and taxable income from the tax-deferred account. This can help with tax planning.

How Does 401(k) Matching Work?

A 401(k) match is an employee benefit that allows an employer to contribute a certain amount to their employee’s 401(k) plan. The match can be based on a percentage of the employee’s contribution, up to a certain portion of their total salary or a set dollar amount, depending on the terms of the plan.

So, some employers might offer a dollar-for-dollar match, while others might offer matching based on a percentage, or a partial-match. Others may not offer any type of match.

That’s important to keep in mind: Not all employers offer this benefit, and some have prerequisites for participating in the match, such as a minimum required contribution or a cap up to a certain amount.

Meeting with an HR representative or a benefits administrator is a one way to get a better idea of what’s possible. Learning the maximum percent of salary the company will contribute is a start, then the employee can set or increase their contribution accordingly to maximize the employer match benefit.

401(k) Matching Example

Many employers use a match formula to determine their 401(k) matches (assuming they offer it at all). Some formulas are more common than others, too, which can help us with an example.

Consider this: Many 401(k) plans use a single-tier match formula, with $0.50 on the dollar on the first 6% of pay being common. But others use multi-tier match formulas, e.g., dollar-on-dollar on the first 3% of pay and $0.50 on the dollar on the next 2% of pay.

For the sake of breaking a few things down, here’s a retirement saving scenario that can illuminate how 401(k) matching works in real life:

Let’s say a person is 30 years old, with a salary of $50,000, contributing 3% of their salary (or $1,500) to a 401(k). Let’s also say they keep making $50,000 and contributing 3% every year until they’re 65. They will have put $52,500 into their 401(k) in those 35 years.

Now let’s say they opt into an employer match with a dollar-for-dollar up to 3% formula. Putting aside the likelihood of an increase in the value of the investments, they’ll have saved $105,000 — with $52,500 in free contributions from their employer.

That, effectively, is a no-cost way to increase retirement savings by 100%.

Average 401(k) Match

Average 401(k) matches is generally around 4% or 5%, and can vary from year to year. With that in mind, workers who are getting an employer match in that range, or within a broader range — perhaps 3% to 6% — are likely getting a “good” match.

But again, considering that some employers don’t offer any match at all, the chance to secure almost any type of match could be considered good for some investors.

Contribution Limits When 401(k) Matching

When deciding how much to contribute to a 401(k) plan, many factors might be considered to take advantage of a unique savings approach:

•   If a company offers a 401(k) employer match, the participant might consider contributing enough to meet whatever the minimum match requirements are.

•   If a participant is closer to retirement age, they’ll probably have a pretty good idea of what they already have saved and what they need to reach their retirement goals. An increase in contributions can make a difference, and maxing out their 401(k) might be a solid strategy.

A retirement calculator can also be helpful in determining what the right contribution amount is for a specific financial situation.

In addition to the uncertainty that can come with choosing how much to contribute to a 401(k), there’s the added pressure of potential penalties for going over the maximum 401(k) contribution limit.

Three common limits to 401(k) contributions:

1.    Elective deferral limits: Contribution amounts chosen by an employee and contributed to a 401(k) plan by the employer. In 2025, participants can contribute up to $23,500. In 2026, participants can contribute up to $24,500.

2.    Catch-up contribution limits: After the age of 50, participants can contribute more to their 401(k) with catch-up contributions. In 2025, participants can make up to $7,500 in catch-up contributions per year, and in 2026, they can make up to $8,000 in catch-up contributions annually. In both 2025 and 2026, those aged 60 to 63 may contribute up to an additional $11,250, instead of $7,500 and 8,000 respectively, thanks to SECURE 2.0.

3.    Employer contribution limits: An employer can also make contributions and matches to a 401(k). The combined limit (not including catch-up contributions) on employer and employee contributions in 2025 is $70,000 and in 2026 is $72,000.

If participants think their total deferrals will exceed the limit for that particular year, the IRS recommends notifying the plan to request the difference (an “excess deferral”) “be paid out of any of the plans that permit these distributions. The plan must then pay the employee that amount by April 15 of the following year (or an earlier date specified in the plan).”

401(k) Vesting Schedules

Vesting ” means “ownership” in a retirement plan. The employee will vest, or own, some percent of their account balance. In the case of a 401(k), being 100% vested means they’ve met their employer’s vesting schedule requirements to ensure complete ownership of their funds.

Vesting schedules, determined by 401(k) plan documents, can lay out certain employer vesting restrictions that range from immediate vesting to 100% vesting after three years to a schedule that increases the vested percentage based on years of service. Either way, all employees must be 100% vested if a plan is terminated by the employer or upon reaching the plan’s standard retirement age.

Tips on Making the Most of 401(k) Matching

Here are some things to keep in mind when trying to make the most of 401(k) matching.

Remember: It’s “Free” Money

An employer match is one part of the overall compensation package and another way to maximize the amount of money an employer pays their employees. Those employees could be turning their backs on free money by not contributing to an employer-matched 401(k) plan.

You Can Reduce Taxable Income

According to FINRA, “with pre-tax contributions, every dollar you save will reduce your current taxable income by an equal amount, which means you will owe less in income taxes for the year. But your take-home pay will go down by less than a dollar.”

If a participant contributed $1,500 a year to a 401(k), they’d only owe taxes on their current salary minus that amount, which could save some serious money as that salary grows.

Every Dollar Counts

It can be tempting to avoid contributing to your retirement plan, and instead, use the money for something you want or need now. But remember: The more time your money has to potentially grow while it’s invested, the more likely you are to reach your financial goals sooner. While that’s not guaranteed, every dollar you can save or invest now for future use is a dollar you don’t need to save or invest later.

The Takeaway

A 401(k) match is an employee benefit that allows an employer to contribute a certain amount to their employee’s 401(k) plan. Matches can be based on a percentage of the employee’s contribution, up to a certain portion of their total salary or a set dollar amount, depending on the terms of the plan.

Taking advantage of employer matches in a 401(k) plan can help workers reach their financial goals sooner, as a match is, in effect, “free money.” If you’re considering how matches can help bolster your investment strategy, it may be worth discussing with a financial professional.

Prepare for your retirement with an individual retirement account (IRA). It’s easy to get started when you open a traditional or Roth IRA with SoFi. Whether you prefer a hands-on self-directed IRA or an automated robo IRA, you can build a portfolio to help support your long-term goals while gaining access to tax-advantaged savings strategies.

Help grow your nest egg with a SoFi IRA.

FAQ

How much should I match 401(k)?

It’ll be up to the individual investor, but to make the most of a 401(k) match, workers should likely try to contribute as much as possible up to their employer’s match — it may be worth discussing with a financial professional for additional guidance.

What does 6% 401(k) match mean?

A 6% 401(k) match means that an employer is willing to match up to 6% of an employee’s total salary or compensation in their 401(k) account through matching contributions.

What is a good 401(k) match?

A good 401(k) match could be in the 3% to 6% range, as average employer matches tend to be between 4% and 5%.

Is a 3% match good? Is a 4% match good?

Generally speaking, a 3% match could be considered “good,” as could a 4% match. On average, employers match somewhere between 4% and 5%, and when you get down to it, almost any employer match is “good.”

How do I maximize my 401(k) match?

Maximizing your 401(k) match involves contributing enough to get at least your employer’s full match, whatever that match may be. You should be able to change your contribution levels through your provider, or by speaking with your employer.


INVESTMENTS ARE NOT FDIC INSURED • ARE NOT BANK GUARANTEED • MAY LOSE VALUE

SoFi Invest is a trade name used by SoFi Wealth LLC and SoFi Securities LLC offering investment products and services. Robo investing and advisory services are provided by SoFi Wealth LLC, an SEC-registered investment adviser. Brokerage and self-directed investing products offered through SoFi Securities LLC, Member FINRA/SIPC.

For disclosures on SoFi Invest platforms visit SoFi.com/legal. For a full listing of the fees associated with Sofi Invest please view our fee schedule.

Financial Tips & Strategies: The tips provided on this website are of a general nature and do not take into account your specific objectives, financial situation, and needs. You should always consider their appropriateness given your own circumstances.

¹Claw Promotion: Probability of Member receiving $1,000 is a probability of 0.026%; If you don’t make a selection in 45 days, you’ll no longer qualify for the promo. Customer must fund their account with a minimum of $50.00 to qualify. Probability percentage is subject to decrease. See full terms and conditions.

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What Is a SLAT (Spousal Lifetime Access Trust)?

A spousal lifetime access trust (SLAT) is a specific type of trust that’s designed to help married couples reduce estate taxes while retaining access to their assets. Trusts can serve as a tool to help you preserve your wealth and potentially minimize some of your tax burden when planning your estate. A SLAT trust is established by one spouse for the benefit of the other and may be particularly appealing to higher-net-worth couples with larger estates.

Key Points

•   A SLAT allows one spouse to transfer assets to a trust for the benefit of the other spouse.

•   Assets transferred to a SLAT are removed from the grantor’s taxable estate, potentially lowering estate taxes.

•   The recipient spouse can access trust assets, providing financial flexibility and support.

•   Gift tax may apply if the transferred asset value exceeds the annual exclusion limit.

•   Once assets are placed in a SLAT, they become irrevocable, and the grantor loses direct control over them.

Understanding the Basics of a Spousal Lifetime Access Trust


What is a SLAT? As noted, it’s an irrevocable trust that’s created by a grantor (spouse A) for a beneficiary (spouse B). If the grantor wishes to include additional beneficiaries, such as children or grandchildren, they have the flexibility to do so.1

In effect, a SLAT can be an addition to your overall financial plan, along with your saving and investing activities. To fund the trust, the grantor must transfer ownership of assets that will be held in trust to a trustee. This trustee has a fiduciary duty to manage the trust according to the grantor’s wishes and in the best interests of the beneficiary or beneficiaries. Spousal lifetime access trust can hold a variety of asset types, including:

•   Real estate

•   Bank accounts

•   Investment accounts

•   Individual shares of stock

•   Bonds

•   Life insurance policies

An irrevocable SLAT trust is permanent; once it’s established its terms cannot be changed. Any assets transferred to the trust cannot be removed, which is an important consideration for estate planning. If you’d prefer to have the option of changing trust terms, you’d likely need to establish a revocable trust instead.

A SLAT trust allows the beneficiary spouse to have access to those assets during their lifetime. They can draw on trust assets or any interest those assets earn for income should they need to do so.

SLAT trusts are generally protected from creditors, though state laws may vary. If your spouse, who is named as beneficiary, is sued for a debt, the creditor might be barred from attempting to attach any assets in a SLAT trust to satisfy a judgment. It may be wise to speak with a lawyer or financial professional to get a sense of your exact situation.

Key Benefits of Establishing a SLAT


Setting up a trust can be time-consuming and costly, so there typically needs to be a good reason to do it. With that in mind, it’s worth asking what advantages a spousal lifetime access trust may offer you, and maybe even thinking more about money and marriage tips that could further help you build out a comprehensive estate plan.

SLAT trusts do one simple but very powerful thing from an estate and tax planning perspective: They remove assets from the grantor spouse’s taxable estate. This means that any future appreciation of those assets is free of estate tax.

Federal tax rules allow for annual gift tax exclusions, as well as lifetime gift and estate tax exemption. The annual gift tax exclusion allows you to make gifts up to a certain threshold, without triggering gift tax.

•   For 2025, the annual gift tax exclusion limit is $19,000.

•   For 2026, the limit remains at $19,000.

These amounts double for married couples. So, if you have three children you could gift each one of them $38,000 in 2025 and 2026 if you and your spouse agree to “split” the gift on your joint tax return.

Amounts exceeding the annual gift tax exclusion limit count against your lifetime gift and estate tax exemption. This is the amount of assets you can give away during your lifetime without triggering federal estate or gift tax.

•   For 2025, the exemption limit is $13,990,000.

•   For 2026, the is $15,000,000.

Again, those limits double for married couples. Under the One Big Beautiful Bill Act that was signed into law in July 2025, the $15,000,000 exemption limit is permanent but will be adjusted annually for inflation.

Now, here’s where the SLAT fits in. When you establish a SLAT, you lock in the gift tax value at the time assets are transferred to the trust. Funding a spousal lifetime access trust now could help you hedge against less favorable changes to the gift and estate tax exemption in the future.

How to Set Up and Fund a SLAT


A SLAT estate planning attorney can help you establish and fund your trust. They can also walk you through which assets to include and how a SLAT trust may affect your tax liability.

The basic steps in creating a SLAT trust are as follows:

•   Trust creation. The first step is establishing the trust on paper. An estate planning attorney can draft the necessary documents for you. You’ll need to designate one or more beneficiaries and select someone to act as trustee. When drafting the trust document, you can include instructions for how trust assets should be managed.

•   Asset selection. Once the paperwork is out of the way you can fund the trust. Here, you’ll need to decide which assets it makes the most sense to include. Your SLAT estate planning attorney might advise you to include any assets that are likely to appreciate significantly in value, as well as life insurance policies or other assets you want your spouse to have access to.

•   Trust funding. If you know what you want to put into a SLAT trust, the remaining step is funding. Here, you’ll work with your attorney to transfer ownership of assets to the trustee. Remember, once assets are transferred to a SLAT trust the move is permanent.

Your beneficiary spouse can also act as trustee but you may prefer to have a third party take on this role. When choosing a trustee, look for an individual or entity that’s reliable and trustworthy. You might ask your attorney, financial advisor, or bank to handle trustee duties, depending on your situation and needs.

Tax Implications of a Spousal Lifetime Access Trust


SLAT trusts can offer some tax benefits if you’re able to reduce what you owe in estate taxes during your lifetime. Needing a trust is a sign that you’ve accumulated some wealth, which is a good thing, but there are a few important tax rules to keep in mind.

•   Annual gift tax exclusion limits still apply. When you transfer assets to a SLAT trust you’re making a financial gift to your spouse. Ordinarily, gifts to spouses are not subject to gift tax but SLAT trusts are an exception. As the gifting spouse, you’re responsible for any gift tax that may be due if the value of assets donated exceeds the annual gift tax exclusion limit.

•   Gifts must be reported. You’ll need to tell the IRS about the assets you’ve transferred to a SLAT trust. Gifts to the trust are reported on IRS Form 709.

•   Income tax returns are required for the trust. You’ll also need to handle annual income tax filing for any income tax generated by trust assets. Income includes dividends, interest, and capital gains. The trustee should file a blank Form 1041 to let the IRS know that any trust income and/or deductions will be reported on your personal income tax return.5,6

Potential Drawbacks and Considerations


SLAT trusts may have some downsides that could make them a less-than-ideal choice for your estate plan. As you weigh spousal lifetime access trust pros and cons, here are a few things to note.

•   SLAT trusts are irrevocable; if your financial situation or marital situation changes, you would be locked in to the trust terms even if they’re no longer suitable for your needs.

•   Transferring your assets to a SLAT trust means you give up control of them and become dependent on your beneficiary spouse to retain a connection to them.

•   If your beneficiary spouse passes away first, you lose the benefit of having indirect access to trust assets without estate tax implications.

•   Any heirs who inherit assets from a SLAT trust also inherit your original tax basis, which could result in a significant capital gains tax bill if those assets have greatly appreciated.

There’s also the time and expense of setting up a SLAT trust to consider. If you have a smaller estate, it may not be worth it to create this type of trust. A different type of trust may be more appropriate if you’re not in danger of hitting the estate tax exclusion limit.

Recommended: Can You Use your Spouse’s Income for a Personal Loan?

How Does SLAT Help With Retirement?


SLAT trusts can help you create a secure retirement by creating an additional income stream, should your beneficiary spouse need one. While you would be cut off from any assets you transfer, your spouse could still draw on the interest from assets held in the trust. That income can supplement a 401(k) plan, an IRA, Social Security benefits, or any other type of retirement assets you might have.

This income is good for the beneficiary spouse’s lifetime. How valuable that is to you may depend on the size of your estate and what income streams you already have in place for retirement.

Keep in mind that if your spouse should pass away first, assets in the trust would not automatically revert to you. Instead, they would be distributed to any other beneficiaries named in the trust. You would need to ensure that you have other retirement assets to rely on in that scenario.

Recommended: Am I Responsible for My Spouse’s Debt?

SLATs vs. Other Estate Planning Tools


SLAT trusts are just one way to plan your estate. You may consider other types of trusts instead, including:

•   Marital trusts

•   Bypass trusts (also known as AB trusts)

•   Special needs trusts

•   Life insurance trusts

These types of trusts are designed to meet different needs. For example, say that you and your spouse are parents to a child with a permanent disability that prevents them from living on their own. You might establish a special needs trust to plan and pay for their care during your lifetime and after you’re gone.

At a minimum, it’s wise to have a will in your estate plan. A will is a legal document that allows you to specify how you’d like your assets to be distributed when you pass away. You can also use a will to name a legal guardian for minor children or specify care instructions for any pets you may leave behind.

Wills may not offer the same level of creditor protection as a trust and they don’t convey any tax benefits either. Wills are subject to probate whereas trusts are not so it’s important to consider what you want your estate plan to look like when deciding what to include.

Recommended: What Is a Collective Income Trust?

The Takeaway


A SLAT trust is a power estate planning tool for preserving wealth. Your financial advisor can help you weigh the advantages and disadvantages to help you decide if a spousal lifetime access trust is a good fit for your needs.

When considering how you’ll build your future estate, opening an online brokerage account is a good first step. You can create and fund your account in minutes to begin building a diversified portfolio.

Ready to invest in your goals? It’s easy to get started when you open an investment account with SoFi Invest. You can invest in stocks, exchange-traded funds (ETFs), mutual funds, alternative funds, and more. SoFi doesn’t charge commissions, but other fees apply (full fee disclosure here).

Opening and funding an Active Invest account gives you the opportunity to get up to $1,000 in the stock of your choice.¹


¹Probability of Member receiving $1,000 is a probability of 0.026%; If you don’t make a selection in 45 days, you’ll no longer qualify for the promo. Customer must fund their account with a minimum of $50.00 to qualify. Probability percentage is subject to decrease. See full terms and conditions.

FAQ

Who can be the beneficiary of a SLAT?

SLATs are designed to benefit a spouse primarily, though you may name one or more other beneficiaries. For example, if you’d like to ensure that your wealth stays within the family you could name your children or grandchildren as beneficiaries. If your spouse passes away, the trust’s assets would be passed on to the other beneficiaries you named.

Can both spouses create SLATs for each other?

Spouses can create a SLAT trust fund for one another but doing so tends to be tricky, as you’ll need to ensure that you’re funding each one with distinct and separate assets. Each trust would also need to have a distinct structure and terms so the IRS doesn’t perceive them as being too similar in nature. In that scenario, you risk them canceling one another out and losing any anticipated tax benefits.

What happens to a SLAT in case of divorce?

Since SLAT trusts are irrevocable, divorce typically won’t change much. Your ex-spouse would remain the beneficiary and they would have access to the trust assets. None of your other beneficiary designations would change either if you added children or grandchildren to the trust. You may have to continue paying income tax on the trust income as well, unless the terms of your divorce state otherwise.


About the author

Rebecca Lake

Rebecca Lake

Rebecca Lake has been a finance writer for nearly a decade, specializing in personal finance, investing, and small business. She is a contributor at Forbes Advisor, SmartAsset, Investopedia, The Balance, MyBankTracker, MoneyRates and CreditCards.com. Read full bio.



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INVESTMENTS ARE NOT FDIC INSURED • ARE NOT BANK GUARANTEED • MAY LOSE VALUE

SoFi Invest is a trade name used by SoFi Wealth LLC and SoFi Securities LLC offering investment products and services. Robo investing and advisory services are provided by SoFi Wealth LLC, an SEC-registered investment adviser. Brokerage and self-directed investing products offered through SoFi Securities LLC, Member FINRA/SIPC.

For disclosures on SoFi Invest platforms visit SoFi.com/legal. For a full listing of the fees associated with Sofi Invest please view our fee schedule.

Financial Tips & Strategies: The tips provided on this website are of a general nature and do not take into account your specific objectives, financial situation, and needs. You should always consider their appropriateness given your own circumstances.

¹Claw Promotion: Probability of Member receiving $1,000 is a probability of 0.026%; If you don’t make a selection in 45 days, you’ll no longer qualify for the promo. Customer must fund their account with a minimum of $50.00 to qualify. Probability percentage is subject to decrease. See full terms and conditions.

SOIN-Q424-047
CN-Q425-3236452-140

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