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Instructions for Form 8615 2023 Internal Revenue Service

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Money from work, by contrast, is “earned income.” Unearned income includes all forms of investment income, including interest, dividends, most rent and royalty income. It also includes capital gains—the profit you make when you sell something for more than what you paid for it. Taxpayers may elect to modify their tax on dependent children with unearned income for tax years 2018 and 2019. The election allows https://turbo-tax.org/ taxpayers to recalculate the tax on dependent children with unearned income for these years to be based on the parent’s individual tax rate instead of the previous tax rates (condensed trust and estates tax rates). The rates do go up quickly, reaching 24% when taxable income that does not qualify for preferential treatment exceeds $2,600, 35% when it exceeds $9,300, and 37% when it exceeds $12,750.

Line 5 Worksheet #2

Given the intricacies of the kiddie tax rules, seeking assistance from a tax professional or utilizing dependable tax software is often invaluable. Such resources can offer essential guidance, ensure adherence to tax laws, and potentially optimize tax outcomes. Use the Tax Table, the Tax Computation Worksheet, the Qualified Dividends and Capital Gain Tax Worksheet, the Schedule D Tax Worksheet, or the child’s actual Schedule J (Form 1040), whichever applies. If the amount was figured using the Qualified Dividends and Capital Gain Tax Worksheet, the Schedule D Tax Worksheet, or Schedule J, check the box on that line. Enter the amount from line 47 of this Schedule D Tax Worksheet on Form 8615, line 15, and check the box on that line. If an amount is entered on line 7, multiply line 11 by the decimal on line 12b and enter the result on line 13.

Instructions

The kiddie tax, which was first introduced in the Code by the Tax Reform Act of 1986,15 applied to tax years beginning after Dec. 31, 1986. At that time, the kiddie tax applied only to children who were under the age of 14. Over the next 30 years, the scope of the tax has progressively increased, and it may now apply to college students from 19 to 23 years old, some of whom could be receiving scholarships that pay other costs besides tuition and qualifying expenses. “Unearned income” is income gained from a source other than employment, work, or other business activity.

The kiddie tax and unearned income from scholarships

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If the capital losses are more than the capital gains, the difference (up to $3,000 ($1,500 in the case of a married individual filing a separate return)) is subtracted from your child’s interest, dividends, and other unearned income. However, the 30% limit doesn’t apply if there are no net profits from the trade or business. The first $1,050 of unearned income is offset by the taxpayer’s standard deduction and therefore is not taxed. Anything above $2,100 is taxed at the modified estate and trust rates.

On January 19, 2024 the IRS officially ended the moratorium on the Certified Acceptance Agent (CAA) program, signaling the reopening of applications for both new participants and renewals. You can email the site owner to let them know you were blocked. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. When you use Taxfyle, you’re guaranteed an affordable, licensed Professional. Taxfyle connects you to a licensed CPA or EA who can take time-consuming bookkeeping work off your hands. Taxes are incredibly complex, so we may not have been able to answer your question in the article.

From what I gather, we essentially have two options, neither of which allows us to treat the income as earned in a similar way that we would with a W-2. In the latter case, the parent’s tax details are brought into the mix and the liability rises.. Both seem a poor reflection of the ultimate reality, but if forced to choose between the two, I would lean towards the Schedule C argument, especially if there’s no wiggle room with 8615. No there was not any other income  than the W-2 and 1099-NEC. He had a capital gain of under $1; nothing else that would be considered unearned and certainly not $2,200 if investment income.

If you’re a parent, guardian, or a young taxpayer, understanding Form 8615 is essential for ensuring compliance and possibly reducing tax liabilities. We’ll explore what this form entails, who needs to file it, and how it impacts your tax situation. For 2024, these amounts are increased such that the first $1,300 of a child’s unearned income is tax-free, the next $1,300 is taxed at the child’s tax rate and amounts over $2,600 are taxed at the parent’s tax rate. If Schedule J applies, use it as a worksheet to figure the tax to enter on Form 8615, line 15. On line 1 of this worksheet, enter the amount from Form 8615, line 14.

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  1. If the parent has qualified dividends, the full amount is the amount of qualified dividends included on line 6.
  2. One notable advantage of the change implemented by the TCJA is the child’s ability to use rates from the lower modified trust and estate tax brackets, thereby saving some tax on the first portion of the child’s unearned income.
  3. Form 8615 must be completed within 14 calendar days after the activity being documented is provided.

In addition, the educational institution will most likely report any scholarship that is received by the institution, but there may be situations where the scholarship is received directly by the student and not reported to the institution. Both of these situations present a gap in the amount of taxable income that can be calculated from the Form 1098-T by the taxpayer and by the IRS. Whether athletic or similar service-based scholarships still qualify under the no-strings-attached test is debatable, but at this point the IRS has chosen not to press the issue. Assuming there is no change in treatment for these scholarships, they would be treated like any other qualifying scholarship. Many of these programs would likely stop providing a scholarship to any student who decided to no longer participate in the activity, demonstrating the quid pro quo relationship and the conditions that are inherently attached to the scholarship. Thus, a court could find that the facts were distinguishable from those in Bingler and hold that the funds the student-athlete received were earned income that must be included in gross income rather than nontaxable scholarship payments.

Qualified dividends are those dividends reported on line 3a of Form 1040 or 1040-NR. Line 7 of Sharon’s Form 8615 will show $1,800, the total of the amounts on line 5 of Jerry’s and Mike’s Forms 8615. For the latest information about developments related to Form 8615 and its instructions, such as legislation enacted after they were published, go to IRS.gov/Form8615.

Being accepted into the college or university of choice is a wonderful feeling for many students, and receiving scholarships to help pay for school will reduce the overall cost. While most scholarships are excluded from gross income, students need to be aware of situations where scholarships need to be reported as income and that the income that is reported in some cases could be subject to the new kiddie tax. In cases where a tax preparer believes a student might be in a taxable situation because of scholarships, a good starting point for making this calculation is Form 1098-T. However, details for the account the student has with the college/university may be needed in some situations.

One notable advantage of the change implemented by the TCJA is the child’s ability to use rates from the lower modified trust and estate tax brackets, thereby saving some tax on the first portion of the child’s unearned income. Before, the child was most likely paying tax at the parent’s top marginal tax rate for all of his or her income with little, if any, advantage of a progressive tax table. Today, there are fewer tax brackets within the modified trust and estate tax table, but the child is able to take advantage of all of them, depending on the child’s income. The tax rates and brackets used to figure the tax on a child’s unearned income were modified in the Secure Act that was included in the 2020 Appropriations legislation enacted on December 20, 2019. The next step in completing Form 8615 is to figure a tentative tax on the child’s net unearned income at the parent’s tax rate.

Complete lines 2a through 23 following the Schedule J instructions. Use the child’s filing status to complete lines 4, 8, 12, and 16. If the child doesn’t have any net capital gain or qualified dividends, the amount of the net capital gain and qualified dividends included on line 14 is zero. If lines 4 and 5 of Form 8615 are the same, the child’s taxable income isn’t more than the child’s net unearned income. Also skip the rest of this discussion and the discussion for line 15 that follows.

The child is no longer taxed at the parent’s top marginal tax rate and is instead taxed at a modified tax rate that is based on the rate that applies to estates and trusts. This change simplifies the completion of Form 8615, which in prior years required the child to include taxable income of the parent (line 6) and any other qualifying children (line 7). The incomes for those other individuals either may not be available or, possibly, the parent or sibling may not want to reveal to the child that information. Itemized deductions are directly connected with the production of unearned income if they are for expenses 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. Your child’s capital losses are taken into account in figuring their unearned income.

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Form 8615, officially titled “Tax for Certain Children Who Have Unearned Income,” is a crucial IRS form for reporting the tax on unearned income of certain minors in the United States. This form specifically targets children under 18, or those under 24 if they are full-time students, who possess significant unearned income. The “kiddie tax,” a common term for the tax calculated using this form, aims to prevent tax evasion tactics where parents shift considerable investment income to their children, thus exploiting the lower tax rates typically applied to minors. For this purpose, unearned income includes only amounts your child must include in gross income. Nontaxable unearned income, such as tax-exempt interest and the nontaxable part of social security and pension payments, isn’t included in gross income. If capital isn’t an income-producing factor and the child’s personal services produced the business income, all of the child’s gross income from the trade or business is considered earned income.

As many times as I delete the form, it continues to present itself – unless I go the Schedule C route. You can connect with a licensed CPA or EA who can file your business tax returns. Enter the amount from line 23 of this worksheet Schedule J on form 8615, line 15, and check the box on that line.

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