Does the “Kiddie Tax” Apply to my Situation?

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A child with earned income above a certain level is generally required to file a separate tax return as a single taxpayer. However, a child with a certain amount of unearned income (from investments, including dividends, interest, and capital gains) may find that this income becomes subject to tax at his or her parent’s highest marginal tax rate. This is referred to as the “kiddie tax,” and it is designed to prevent parents from transferring income-producing investments to their children, who would generally be taxed at a lower rate.

Does the kiddie tax apply to my situation?

The kiddie tax applies if:

  1. The child has investment income greater than the annual inflation-adjusted amount ($1,900 for 2013; $2,000 for 2014);
  2. At least one of the child’s parents was alive at the end of the tax year;
  3. The child is required to file a tax return for the tax year;
  4. The child does not file a joint return for the tax year; and
  5. The child meets one of the following requirements relating to age and income:
    • The child was under age 18 at the end of the tax year; or
    • The child was age 18 at the end of the tax year and the child’s earned income does not exceed one-half of the child’s own support for the year; or
    • The child was a full-time student who was under age 24 at the end of the tax year and the child’s earned income does not exceed one half of the child’s own support for the year (This does not include scholarships.)

Computing the kiddie tax

If the kiddie tax applies to a child, the child’s tax is calculated as the greater of one of two items:

  1. The tax on all of the child’s income, calculated at the rates applicable to single individuals; or
  2. The sum of two things:
    • The tax that would be imposed on a single individual if the child’s taxable income were reduced by net unearned income, plus
    • The child’s share of the allocable parental tax.

The allocable parent tax is the amount of the increase in the parent’s tax liability that results from adding to the parent’s taxable income the net unearned income of the parent’s children who are subject to the kiddie tax. If a parent has more than one child with unearned income subject to the kiddie tax, then each child’s share of the allocable parental tax would be assigned pro rata according to the ratio that its net unearned income bears to the aggregate net unearned income subject to the kiddie tax.

Which tax form should I use?

A parent with a child or children whose unearned income is subject to the kiddie tax must generally complete and file Form 8615 with his or her tax return. However, if the child’s unearned income is less than $9,500 for 2013 ($10,000 for 2014), the parent may be able to elect to include that income on the parent’s return rather than file a separate return for the child. In this case, the parents should complete Form 8814. However, the IRS cautions that the federal income tax owed on a child’s income may be lower if the parent files a separate tax return for the child, which would enable him or her to take certain tax benefits that cannot be taken on the parents’ return.

Divorced, separated, or unmarried parents

Special rules may apply to children of divorced, separated or unmarried parents.  Please contact our office to determine how the kiddie tax may be treated in your situation.

Calculating the kiddie tax can become confusing as a taxpayer attempts to sort through the numerous rules governing who is subject to the tax, which income is subject to the tax, and how to report it properly. Please do not hesitate to contact our office with any questions.

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