Part of a childs 2000 investment income may be subject to tax at the parents tax rate if:
- The child was under age 14 on January 1, 2001,
- The childs investment income was more than $1,400, and
- The child is required to file a return for 2000.
Figure 32-B illustrates these requirements.
If the parent does not or cannot choose to include the childs income on the parents return, figure the childs tax on Form 8615. Attach the form to the childs Form 1040, Form 1040A, or Form 1040NR.
On Form 8615, enter the parents name and social security number and the childs name and social security number in the spaces provided. (If the parents filed a joint return, enter the name and social security number listed first on the joint return.) Check the box for the parents filing status. Then figure the childs tax on Form 8615 in these steps.
- 1. Figure the childs net investment income.
- 2. Figure a tentative tax on the net investment income based on the parents tax rate.
- 3. Figure the childs tax.
Figure 32-B. Do You Have To Use Form 8615 To Figure Your Childs Tax?
Alternative minimum tax.
A child may be subject to alternative minimum tax (AMT) if he or she has certain items given preferential treatment under the tax laws or certain adjustments to taxable income that total more than an exemption amount. See Alternative Minimum Tax in chapter 31.
AMT is figured on Form 6251. For information on special limits that apply to a child who files Form 6251, Alternative Minimum Tax--Individuals see Alternative Minimum Tax in Publication 929.
Parents Return
See Which Parents Return To Use, at the beginning of this chapter, for information on which parents return information must be used on Form 8615.
Different tax years.
If the parent and the child do not have the same tax year, complete Form 8615 using the information on the parents return for the tax year that ends in the childs tax year.
Estimated information.
If the information needed from the parents return is not known by the time the childs return is due (usually April 15), you can file the return using estimates.
You can use any reasonable estimate. This includes using information from last years return. If you use an estimated amount on Form 8615, write "Estimated" on the line next to the amount.
When you get the correct information, file an amended return on Form 1040X, Amended U.S. Individual Income Tax Return.
Instead of using estimated information, you may want to request an extension of time to file. Extensions are discussed in chapter 1.
Part I. Figuring Net Investment Income
The first step in figuring a childs tax using Form 8615 is to figure the childs net investment income. To do that, use Part I of Form 8615.
Line 1 (investment income).
If the child had no earned income, enter the adjusted gross income shown on the childs return. Adjusted gross income is shown on line 33 of Form 1040; line 19 of Form 1040A; or line 33 of Form 1040NR. Form 1040EZ cannot be used if Form 8615 must be filed.
If the child had earned income, figure the amount to enter on line 1 of Form 8615 by using the worksheet in the instructions for the form.
However, if the child has excluded any foreign earned income or deducted either a loss from self-employment or a net operating loss from another year, use the worksheet in Publication 929 to figure the amount to enter on line 1 of Form 8615.
Investment income defined.
Investment income is generally all income other than salaries, wages, and other amounts received as pay for work actually done. It includes taxable interest, dividends, capital gains, the taxable part of social security and pension payments, and certain distributions from trusts. Investment income includes amounts produced by assets the child obtained with earned income (such as interest on a savings account into which the child deposited wages).
Nontaxable income.
For this purpose, investment income includes only amounts that the child must include in total income. Nontaxable investment income, such as tax-exempt interest and the nontaxable part of social security and pension payments, is not included.
Income from property received as a gift.
A childs investment income includes all income produced by property belonging to the child. This is true even if the property was transferred to the child regardless of when the property was transferred or purchased or who transferred it.
A childs investment income includes income produced by property given as a gift to the child. This includes gifts to the child from grandparents or any other person and gifts made under the Uniform Gift to Minors Act.
Example.
Amanda Black, 13, received the following income:
- Dividends--$600
- Wages--$2,100
- Taxable interest--$1,200
- Tax-exempt interest--$100
- Net capital gains--$100.
The dividends were on stock given to her by her grandparents.
Amandas investment income is $1,900. This is the total of the dividends ($600), taxable interest ($1,200), and net capital gains ($100). Her wages are earned (not investment) income because they are pay received for work actually done. Her tax-exempt interest is not included because it is nontaxable.
Trust income.
If a child is the beneficiary of a trust, distributions of taxable interest, dividends, capital gains, and other investment income from the trust are investment income to the child.
Line 2 (deductions).
If the child does not itemize deductions on Schedule A (Form 1040 or Form 1040NR), enter $1,400 on line 2.
If the child does itemize deductions, enter on line 2 the larger of:
- $700 plus the childs itemized deductions that are directly connected with the production of investment income, or
- $1,400.
Directly connected.
Itemized deductions are directly connected with the production of investment income if they are for expenses paid to produce or collect taxable income or to manage, conserve, or maintain property held for producing income. These expenses include custodian fees and service charges, service fees to collect taxable interest and dividends, and certain investment counsel fees.
These expenses are added to certain other miscellaneous deductions on Schedule A (Form 1040). Only the amount greater than 2% of the childs adjusted gross income can be deducted. See chapter 30 for more information.
Example 1.
Roger, 12, has investment income of $8,000, no other income, no adjustments to income, and itemized deductions of $300 (net of the 2% of adjusted gross income limit) that are directly connected with his investment income. His adjusted gross income is $8,000, which is entered on line 1. Line 2 is $1,400 because that is more than the sum of $700 and his directly-connected itemized deductions of $300.
Example 2.
Eleanor, 8, has investment income of $16,000 and an early withdrawal penalty of $100. She has no other income. She has itemized deductions of $1,050 (net of the 2% of adjusted gross income limit) that are directly connected with the production of her investment income. Her adjusted gross income, entered on line 1, is $15,900 ($16,000 − $100). Line 2 is $1,750. This is the larger of:
- $700 plus the $1,050 of directly connected itemized deductions, or
- $1,400.
Part II. Figuring Tentative Tax at Parents Tax Rate
The tentative tax is the difference between the tax on the parents taxable income figured with the childs net investment income and the tax figured without it.
When figuring the tentative tax, do not refigure any of the exclusions, deductions, or credits on the parents return because of the childs net investment income. For example, do not refigure the medical expense deduction.
Figure the tentative tax on lines 6 through 13 of Form 8615.
Note.
If the child has any capital gains or losses, get Publication 929 for help in completing Part II of Form 8615.
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You may be able to skip lines 7 through 16 of Form 8615. See the Form 8615 instructions for line 6 for details.
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Line 7 (net investment income of other children).
If the tax return information of the parent is also used on any other childs Form 8615, enter on line 7 the total of the amounts from line 5 of all the other childrens Forms 8615. Do not include the amount from line 5 of the Form 8615 being completed.
Example.
Paul and Jane Persimmon have three children, Sharon, Jerry, and Mike, who must attach Form 8615 to their tax returns. The childrens net investment income amounts on line 5 of their Forms 8615 are:
- Sharon--$800
- Jerry--$600
- Mike--$1,000
Line 7 of Sharons Form 8615 would show $1,600, the total of the amounts on line 5 of Jerrys and Mikes Forms 8615.
Line 7 of Jerrys Form 8615 would show $1,800 ($800 + $1,000).
Line 7 of Mikes Form 8615 would show $1,400 ($800 + $600).
Other childrens information not available.
If the net investment income of the other children is not available when the return is due, either file the return using estimates or get an extension of time to file. See Estimated information, earlier.
Lines 12a and 12b (dividing the tentative tax).
If line 7 is blank, skip lines 12a and 12b and enter the amount from line 11 on line 13.
If an amount is entered on line 7, divide the tentative tax shown on line 11 among the children according to each childs share of the total net investment income. This is done on lines 12a, 12b, and 13. Add the amount on line 7 to the amount on line 5 and enter the total on line 12a. Divide the amount on line 5 by the amount on line 12a and enter the result as a decimal on line 12b.
Example.
In the earlier example under Line 7 (net investment income of other children), Sharons Form 8615 shows $1,600 on line 7. Line 12a is $2,400, the total of lines 5 and 7 ($800 + $1,600). The decimal on line 12b is .333, figured as follows and rounded to three places. ch 32 formula 1
Part III. Figuring the Childs Tax
The final step in figuring a childs tax using Form 8615 is to determine the larger of:
- The total of:
- The childs share of the tentative tax based on the parents tax rate, plus
- The tax on the childs taxable income in excess of net investment income, figured at the childs tax rate, or
- The tax on the childs taxable income, figured at the childs tax rate.
This is the childs tax. It is figured on lines 14 through 18 of Form 8615.
Illustrated Example
The following example includes a completed Form 8615.
John and Laura Brown have one child, Sara. She is 13 and has $2,750 taxable interest and dividend income and $1,500 earned income. She does not itemize deductions. John and Laura file a joint return with Johns name and social security number listed first. They claim three exemptions, including an exemption for Sara, on their return.
Because Sara is under age 14 and has more than $1,400 investment income, part of her income may be subject to tax at her parents rate. A completed Form 8615 must be attached to her return.
Saras father, John, fills out Saras return for her.
John enters his name and social security number on Saras Form 8615 because his name and number are listed first on the joint return he and Laura are filing. He checks the box for married filing jointly.
He enters Saras investment income, $2,750, on line 1. Sara does not itemize deductions, so John enters $1,400 on line 2. He enters $1,350 ($2,750 − $1,400) on line 3.
Saras taxable income, as shown on line 25 of her Form 1040A, is $2,500. This is her total income ($4,250) minus her standard deduction ($1,750). Her standard deduction is limited to the amount of her earned income plus $250. John enters $2,500 on line 4.
John compares lines 3 and 4 and enters the smaller amount, $1,350, on line 5.
John enters $48,000 on line 6. This is the taxable income from line 39 of their joint Form 1040 return. Sara is an only child, so line 7 is blank. He adds line 5 ($1,350), line 6 ($48,000), and line 7 and enters $49,350 on line 8.
Using the column for married filing jointly in the Tax Table, John finds the tax on $49,350. He enters the tax, $8,125, on line 9. He enters $7,747 on line 10. This is the tax from line 40 of John and Lauras Form 1040. He enters $378 on line 11 ($8,125 − $7,747).
Because line 7 is blank, John skips lines 12a and 12b and enters $378 on line 13.
John subtracts line 5 ($1,350) from line 4 ($2,500) and enters the result, $1,150, on line 14. Using the column for single filing status in the Tax Table, John finds the tax on $1,150. He enters this tax, $174, on line 15. He adds lines 13 ($378) and 15 ($174) and enters $552 on line 16.
Using the column for single filing status in the Tax Table, John finds the tax on $2,500 (line 4). He enters this tax, $377, on line 17.
John compares lines 16 and 17 and enters the larger amount, $552, on line 18 of Saras Form 8615. He also enters that amount on line 26 of Saras Form 1040A.
John also completes Schedule 1 (Form 1040A) for Sara. Form 8615
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