Tax on investment income of certain children

Chapter 32
Tax on investment income of certain children

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Reminder

Net Investment Income Tax. A child whose tax is figured on Form 8615 may be subject to the Net Investment Income Tax (NIIT). NIIT is a 3.8% tax on the lesser of the net investment income or the excess of the child’s modified adjusted gross income (MAGI) over the threshold amount. Use Form 8960, Net Investment Income Tax, to figure this tax. For more information on NIIT, go to www.irs.gov and enter “Net Investment Income Tax” in the search box.

This chapter discusses the following two rules that may affect the tax on unearned income of certain children.

1. If the child’s interest and dividend income (including capital gain distributions) total less than $10,000, the child’s parent may be able to choose to include that income on the parent’s return rather than file a return for the child. (See Parent’s Election To Report Child’s Interest and Dividends, later.)
   
2. If the child’s interest, dividends, and other unearned income total more than $2,000, part of that income may be taxed at the parent’s tax rate instead of the child’s tax rate. (See Tax for Certain Children Who Have Unearned Income, later.)

For these rules, the term “child” includes a legally adopted child and a stepchild. These rules apply whether or not the child is a dependent.

Useful Items

Publication

Form (and Instructions)

Which Parent’s Return To Use

If a child’s parents are married to each other and file a joint return, use the joint return to figure the tax on the child’s unearned income. The tax rate and other return information from that return are used to figure the child’s tax as explained later under Tax for Certain Children Who Have Unearned Income.

Parents Who Do Not File a Joint Return

Only the parent whose tax return is used can make the election described under Parent’s Election To Report Child’s Interest and Dividends.

Parents are married. If the child’s parents file separate returns, use the return of the parent with the greater taxable income.

Parents not living together. If the child’s parents are married to each other but not living together, and the parent with whom the child lives (the custodial parent) is considered unmarried, use the return of the custodial parent. If the custodial parent is not considered unmarried, use the return of the parent with the greater taxable income.

For an explanation of when a married person living apart from his or her spouse is considered unmarried, see Head of Household in chapter 2.

Parents are divorced. If the child’s parents are divorced or legally separated, and the parent who had custody of the child for the greater part of the year (the custodial parent) has not remarried, use the return of the custodial parent.

Custodial parent remarried. If the custodial parent has remarried, the stepparent (rather than the noncustodial parent) is treated as the child’s other parent. Therefore, if the custodial parent and the stepparent file a joint return, use that joint return. Do not use the return of the noncustodial parent.

If the custodial parent and the stepparent are married, but file separate returns, use the return of the one with the greater taxable income. If the custodial parent and the stepparent are married but not living together, the earlier discussion under Parents not living together applies.

Parents never married. If a child’s parents have never been married to each other, but lived together all year, use the return of the parent with the greater taxable income. If the parents did not live together all year, the rules explained earlier under Parents are divorced apply.

Widowed parent remarried.