IRS Tax Forms  
Publication 929 2001 Tax Year

Tax for Children Under Age 14 Who Have
Investment Income of More Than $1,500

Part of a child's 2001 investment income may be subject to tax at the parent's tax rate if:

  1. The child was under age 14 on January 1, 2002,
  2. The child's investment income was more than $1,500, and
  3. The child is required to file a tax return for 2001.

These conditions are also shown in Figure 2 below.

If the parent does not or cannot choose to include the child's income on the parent's return, use Form 8615 to figure the child's tax. Attach the completed form to the child's Form 1040, Form 1040A, or Form 1040NR.

The following discussions explain the parental information needed for Form 8615 and the steps to follow in figuring the child's tax.

Figure 2. Do You Have To Use Form 8615 To Figure Your Child's Tax?


Providing Parental Information (Form 8615, Lines A-C)

On lines A and B of Form 8615, enter the parent's name and social security number. (If the parents filed a joint return, enter the name and social security number listed first on the joint return.) On line C, check the box for the parent's filing status.

See Which Parent's Return To Use, earlier, for a discussion of which parent's return information must be used on Form 8615.

Parent with different tax year. If the parent and the child do not have the same tax year, complete Form 8615 using the information on the parent's return for the tax year that ends in the child's tax year.

Example. Kimberly must use her mother's tax and taxable income to complete her Form 8615 for calendar year 2001 (January 1 - December 31). Kimberly's mother files her tax return on a fiscal year basis (July 1 - June 30). Kimberly must use the information on her mother's return for the tax year ending June 30, 2001, to complete her 2001 Form 8615.

Parent's return information not known timely. If the information needed from the parent's return is not known by the time the child's 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 year's 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.

Extension of time to file. Instead of using estimates, you can get an automatic 4-month extension of time to file if, by April 15, 2002, you either:

  • File Form 4868, Application for Automatic Extension of Time To File U.S. Individual Income Tax Return, or
  • File an extension by phone, using tax software, or through a tax professional.

See the instructions for Form 4868 for details.

If you have an extension, you must file the child's return by August 15, 2002.

Caution: An extension of time to file is not an extension of time to pay. You must make an accurate estimate of the tax for 2001. If you do not pay the full amount due by the regular due date, the child will owe interest and may also be charged penalties. See Form 4868 and its instructions.

Parent's return information not available. If a child cannot get the required information about his or her parent's tax return, the child (or the child's legal representative) can request the necessary information from the Internal Revenue Service (IRS).

How to request. After the end of the tax year, send a signed, written request for the information to the Internal Revenue Service Center where the parent's return will be filed. (The IRS cannot process a request received before the end of the tax year.)

TaxTip: You should also consider getting an extension of time to file the child's return, because there may be a delay in getting the requested information.


The request must contain all of the following.

  1. A statement that you are making the request to comply with section 1(g) of the Internal Revenue Code and that you have tried to get the information from the parent.
  2. Proof the child is under 14 years of age (for example, a copy of the child's birth certificate).
  3. Evidence the child has more than $1,500 of unearned income (for example, a copy of the child's prior year tax return or copies of Forms 1099 for the current year).
  4. The name, address, social security number (if known), and filing status (if known) of the parent whose information is to be shown on Form 8615.

A child's legal representative making the request should include a copy of his or her Power of Attorney, such as Form 2848, or proof of legal guardianship.

Illustrated Part I of Form 8615


Step 1. Figuring the Child's Net Investment Income (Form 8615, Part I)

The first step in figuring a child's tax using Form 8615 is to figure the child's net investment income. To do that, use Part I of Form 8615. For an example, see the Illustrated Part I of Form 8615.

Line 1 (Investment Income)

If the child had no earned income, enter on this line the adjusted gross income shown on the child's return. Adjusted gross income is shown on line 34 of Form 1040; line 20 of Form 1040A; or line 34 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.

Pencil: However, use the following worksheet if the child has excluded any foreign earned income or deducted a loss from self-employment or a net operating loss from another year.

Alternate Worksheet
for Line 1 of Form 8615
A. Enter the amount from the child's Form 1040, line 22, or Form 1040NR, line 23
B. Enter the total of any net loss from self-employment, any net operating loss deduction, any foreign earned income exclusion, and any foreign housing exclusion from the child's Form 1040 or Form 1040NR
C. Add line A and line B and enter the total. Treat the amount on line B as positive (greater than zero)
D. Enter the child's earned income plus any deduction the child claims on line 30 of Form 1040 or Form 1040NR.  
 
 Generally, the child's earned income is the total of the amounts reported on Form 1040, lines 7, 12, and 18 (if line 12 or 18 is a loss, use zero) or Form 1040NR, lines 8, 13, and 19 (if line 13 or 19 is a loss, use zero)
E. Subtract line D from line C. Enter the result here and on Form 8615, line 1

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 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.

Capital loss. A child's capital losses are taken into account in figuring the child's investment income. Capital losses are first applied against capital gains. If the capital losses are more than the capital gains, the difference (up to $3,000) is subtracted from the child's interest, dividends, and other investment income. Any difference over $3,000 is carried to the next year.

Income from property received as a gift. A child's 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 child's 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, age 13, received the following income.

  • Dividends--$600
  • Wages--$2,100
  • Taxable interest--$1,200
  • Tax-exempt interest--$100
  • Capital gains--$300
  • Capital losses--($200)

The dividends were on stock given to her by her grandparents.

Amanda's investment income is $1,900. This is the total of the dividends ($600), taxable interest ($1,200), and capital gains reduced by capital losses ($300 - $200 = $100). Her wages are earned (not investment) income because they are 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.

Adjustment to income. In figuring the amount to enter on line 1, the child's investment income is reduced by any penalty on the early withdrawal of savings.

Line 2 (Deductions)

If the child does not itemize deductions on Schedule A (Form 1040 or Form 1040NR), enter $1,500 on line 2.

If the child does itemize deductions, enter on line 2 the larger of:

  1. $750 plus the child's itemized deductions that are directly connected with the production of the investment income entered on line 1, or
  2. $1,500.

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 itemized deductions on Schedule A (Form 1040). Only the amount greater than 2% of the child's adjusted gross income can be deducted. See Publication 529, Miscellaneous Deductions, for more information.

Example 1. Roger, age 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 $1,500 because that is more than the sum of $750 and his directly-connected itemized deductions of $300.

Example 2. Eleanor, age 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 $1,800. This is the larger of:

  1. $750 plus the $1,050 of directly connected itemized deductions, or
  2. $1,500.

Line 3

Subtract line 2 from line 1 and enter the result on this line. If zero or less, do not complete the rest of the form. However, you must still attach Form 8615 to the child's tax return. Figure the tax on the child's taxable income in the normal manner.

Line 4 (Child's Taxable Income)

Enter on line 4 the child's taxable income from Form 1040, line 39; Form 1040A, line 25; or Form 1040NR, line 38.

Line 5 (Net Investment Income)

A child's net investment income cannot be more than his or her taxable income. Enter on line 5 the smaller of line 3 or line 4 of Form 8615. This is the child's net investment income. If zero or less, do not complete the rest of the form. However, you must still attach Form 8615 to the child's tax return. Figure the tax on the child's taxable income in the normal manner.

Illustrated Part II of Form 8615


Step 2. Figuring a Tentative Tax at the Parent's Tax Rate (Form 8615, Part II)

The next step in completing Form 8615 is to figure a tentative tax on the child's net investment income at the parent's tax rate. The tentative tax is the difference between the tax on the parent's taxable income figured with the child's net investment income (plus the net investment income of any other child whose Form 8615 includes the tax return information of that parent) and the tax figured without it.

When figuring the tentative tax, do not refigure any of the exclusions, deductions, or credits on the parent's return because of the child's net investment income. For example, do not refigure the medical expense deduction.

Figure the tentative tax on lines 6 through 13. For an example, see Illustrated Part II of Form 8615 on the next page.

Line 6 (Parent's Taxable Income)

Enter on line 6 the amount from the parent's Form 1040, line 39; Form 1040A, line 25; Form 1040EZ, line 6; TeleFile Tax Record, line K; Form 1040NR, line 38; or Form 1040NR-EZ, line 14. If the parent's taxable income is zero or less, enter zero on line 6.

Line 7 (Net Investment Income of Other Children)

If the tax return information of the parent is also used on any other child's Form 8615, enter on line 7 the total of the amounts from line 5 of all the other children's 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 children's net investment income amounts on line 5 of their Forms 8615 are:

  • Sharon--$800
  • Jerry--$600
  • Mike--$1,000

Line 7 of Sharon's Form 8615 will show $1,600, the total of the amounts on line 5 of Jerry's and Mike's Forms 8615.

Line 7 of Jerry's Form 8615 will show $1,800 ($800 + $1,000).

Line 7 of Mike's Form 8615 will show $1,400 ($800 + $600).

Other children's 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. Estimates and extensions are discussed earlier under Providing Parental Information (Form 8615, Lines A-C).

Line 8 (Parent's Taxable Income Plus Children's Net Investment Income)

Enter on this line the total of lines 5, 6, and 7. Then compare the amount on this line with the amount listed below for the parent's filing status.

  • Single--$27,050
  • Married filing jointly or qualifying widow(er)--$45,200
  • Married filing separately--$22,600
  • Head of household--$36,250

If the amount on this line is not more than the amount listed above, do not complete lines 9 through 16 of Form 8615. Skip the rest of this discussion and the discussions for lines 9 through 16 that follow.

If the amount on this line is more than the amount listed above, you must determine the amount of net capital gain it includes, if any, before completing line 9 of Form 8615.

Net capital gain on line 8. If neither the child nor the parent nor any other child has net capital gain, the net capital gain on line 8 is zero. Net capital gain is the smaller of the gain, if any, on line 16 of schedule D or the gain, if any, on line 17 of schedule D. If Schedule D is not required, it is the amount on line 13 of Form 1040 or line 10 of Form 1040A.

If the child, parent, or any other child has net capital gain, figure the amount of net capital gain included on line 8 by adding together the net capital gain amounts included on lines 5, 6, and 7 of Form 8615. Use the following discussions to find these amounts.

Net capital gain on line 5. If the child has a net capital gain, use the appropriate worksheet below to find the amount of net capital gain included on line 5.

Pencil: Use the following worksheet only if line 2 of the child's Form 8615 is $1,500 and lines 3 and 5 are the same amount.


Line 5 Worksheet #1
A. Enter the child's net capital gain
B. Enter the amount from line 1 of the child's Form 8615
C. Divide line A by line B (but do not enter more than 1)
D. Multiply $1,500 by line C
E. Net capital gain on line 5. Subtract line D from line A (but do not enter less than zero or more than the amount on line 5 of Form 8615)

Pencil: Use the following worksheet only if line 2 of the child's Form 8615 is more than $1,500 and lines 3 and 5 are the same amount.


Line 5 Worksheet #2
A. Enter the child's net capital gain
B. Enter the child's itemized deductions directly connected with the production of the child's net capital gain
C. Subtract line B from line A
D. Enter the amount from line 1 of the child's Form 8615
E. Divide line A by line D (but do not enter more than 1)
F. Multiply $750 by line E
G. Net capital gain on line 5. Subtract line F from line C (but do not enter less than zero or more than the amount on line 5 of Form 8615)

Pencil: Use the following worksheet only if line 5 of the child's Form 8615 is less than line 3.



Line 5 Worksheet #3
A. Enter the child's net capital gain
B. If the child itemized deductions, enter the child's itemized deductions directly connected with the production of the child's net capital gain
C. Subtract line B from line A
D. If the child can claim his or her own exemption, enter $2,900*. Otherwise, enter zero
E. If the child itemized deductions, enter the child's itemized deductions not directly connected with the production of the child's net capital gain. Otherwise, enter the child's standard deduction
F. Add lines D and E
G. Enter the child's adjusted gross income (line 34 of Form 1040, line 20 of Form 1040A, or line 34 of Form 1040NR)
H. Divide line A by line G (but do not enter more than 1)
I. Multiply line F by line H
J. Net capital gain on line 5. Subtract line I from line C. Enter the result here (but do not enter less than zero or more than the amount on line 5 of Form 8615)
* If you enter more than $132,950 on line G, see Deduction for Exemptions Worksheet--Line 38 in the Form 1040 instructions for the amount to enter on line D.

Net capital gain on line 6. If the parent has a net capital gain, its full amount is the net capital gain included on line 6.

Net capital gain on line 7. The net capital gain included on line 7 is the total of the amounts of net capital gain included on line 5 of the other children's Forms 8615. Find the amount for each other child as explained earlier under Net capital gain on line 5. (Do not attach the other children's Forms 8615 to the child's return.)

Line 9 (Tax on Parent's Taxable Income Plus Children's Net Investment Income)

Figure the tax on the amount on line 8 using the Tax Table, the Tax Rate Schedules, the Capital Gain Tax Worksheet (in the Form 1040, 1040A, or 1040NR instructions), the Schedule D Tax Worksheet (in the Schedule D instructions) or Schedule D or J (Form 1040), as follows.

  • If line 8 does not include any net capital gain, use the Tax Table or Tax Rate Schedules to figure this tax. But if Schedule J, Farm Income Averaging, is used to figure the tax on the parent's return, use it to figure this tax.
  • If line 8 does include any net capital gain, use the Capital Gain Tax Worksheet to figure this tax unless the child, parent, or any other child has unrecaptured section 1250 gain, 28% rate gain, qualified 5-year gain, or an amount on Form 4952, line 4e. In that case, use Schedule D to figure this tax, or if there is unrecaptured section 1250 gain or 28% rate gain, use the Schedule D Tax Worksheet. But if Schedule J is used to figure the tax on the parent's return, use it to figure this tax.

Using the Capital Gain Tax Worksheet for line 9 tax. If you use the Capital Gain Tax Worksheet to figure the line 9 tax on Form 8615, complete that worksheet as follows.

  1. On line 1, enter the amount from line 8 of Form 8615.
  2. On line 2, enter the amount of the net capital gain on line 8 of Form 8615. (See the earlier discussion for line 8.)
  3. Complete lines 3 through 15 following the worksheet instructions. (Use the parent's filing status to complete lines 4, 5, and 14.)

Enter the amount from line 15 of the Capital Gain Tax Worksheet on line 9 of Form 8615 and check the box on that line. Do not attach this worksheet to the child's return.

Using Schedule D for line 9 tax. Use Schedule D to figure the line 9 tax on Form 8615 if the child, parent, or any other child has qualified 5-year gain or an amount on Form 4952, line 4e, and none of them has unrecaptured section 1250 gain or 28% rate gain.

If you must use Schedule D, first complete any Schedule D required for the child, parent, or any other child. Then figure the tax using Part IV of another Schedule D as a worksheet. (Do not attach this worksheet Schedule D to the child's return.)

Complete this worksheet Schedule D as follows.

  1. On line 19, enter zero.
  2. On line 20, enter the amount from line 8 of Form 8615.
  3. On line 21, enter the net capital gain included on line 8 of Form 8615. (See the earlier discussion for line 8.)
  4. On line 22, enter the total of the amounts on line 22 of each completed Schedule D.
  5. Complete lines 23 through 40, following the Schedule D instructions. (Use the parent's filing status to complete lines 25, 26, and 39.) If you need to complete line 29, enter zero if neither the child, nor the parent, nor any other child has qualified 5-year gain. Otherwise, enter the amount of qualified 5-year gain included in the net capital gain on line 21 of this worksheet. Figure this amount as explained next under Figuring qualified 5-year gain (line 29).

Enter the amount from line 40 of this worksheet Schedule D on line 9 of Form 8615 and check the box on that line.

Figuring qualified 5-year gain (line 29). If the child, parent, or any other child has qualified 5-year gain, figure the amount of qualified 5-year gain included in the net capital gain on line 21 of the worksheet Schedule D using the following worksheet.

Worksheet for Line 29 of Schedule D (Line 9 Tax)
1. Enter the amount, if any, from line 7 of the child's Qualified 5-Year Gain Worksheet in the Schedule D instructions
  If line 1 is zero or blank, skip lines 2 through 4, enter zero on line 5, and go to line 6.  
2. Enter the amount from the last line of the child's completed Line 5 Worksheet. (See the earlier discussion for line 8 of Form 8615.)
3. Enter the amount from line A of the child's completed Line 5 Worksheet
4. Divide line 2 by line 3. Enter the result as a decimal
5. Multiply line 1 by line 4
6.. If no other child has qualified 5-year gain, enter zero. Otherwise, repeat lines 1 through 5 above for each other child who has qualified 5-year gain and enter the total of the line 5 amounts for those other children
7. Enter the amount, if any, from line 7 of the parent's Qualified 5-Year Gain Worksheet in the Schedule D instructions
8. Add lines 5, 6, and 7. Also enter this amount on line 29 of the worksheet Schedule D
 

Using the Schedule D Tax Worksheet for line 9 tax. Use the Schedule D Tax Worksheet in the Schedule D instructions to figure the line 9 tax on Form 8615 if the child, parent, or any other child has unrecaptured section 1250 gain or 28% rate gain. If you must use the Schedule D Tax Worksheet, first complete any Schedule D and any actual Schedule D Tax Worksheet required for the child, parent, or any other child. Then figure the line 9 tax using another Schedule D Tax Worksheet. (Do not attach this Schedule D Tax Worksheet to the child's return.)

Complete this Schedule D Tax Worksheet as follows.

  1. On line 1, enter the amount from line 8 of Form 8615.
  2. On line 2, enter the net capital gain included on line 8 of Form 8615. (See the earlier discussion for line 8.)
  3. On line 3, enter the total of the amounts, if any, on line 22 of each actual Schedule D.
  4. On line 4, follow the worksheet instructions.
  5. Leave line 5 blank.
  6. On line 6, enter zero if neither the child, parent, nor any other child has 28% rate gain (line 15 of Schedule D). Otherwise, enter the amount of 28% rate gain included in the net capital gain on line 2. Figure this amount as explained later under Figuring 28% rate gain (line 6).
  7. On line 7, enter zero if neither the child, parent, nor any other child has unrecaptured section 1250 gain (line 19 of Schedule D). Otherwise, enter the amount of unrecaptured section 1250 gain included in the net capital gain on line 2. Figure this amount as explained later under Figuring unrecaptured section 1250 gain (line 7).
  8. Complete lines 8 through 37, following the worksheet instructions. (Use the parent's filing status to complete lines 11, 15, and 36.) If you need to complete line 17, enter zero if neither the child, parent, nor any other child has qualified 5-year gain (line 7 of the Qualified 5-Year Gain Worksheet in the Schedule D instructions). Otherwise, enter the amount of qualified 5-year gain included in the net capital gain on line 2. Figure this amount as explained later under Figuring qualified 5-year gain (line 17).

Enter the amount from line 37 of this Schedule D Tax Worksheet on line 9 of Form 8615 and check the box on that line.

Figuring 28% rate gain (line 6). If the child, parent, or any other child has 28% rate gain, figure the amount of 28% rate gain included in the net capital gain on line 2 using the following worksheet.

Worksheet for Line 6 of the Schedule D Tax Worksheet (Line 9 Tax)
 1. If the child does not have 28% rate gain, skip this line and lines 2 through 5, enter zero on line 6, and go to line 7. Otherwise, if an actual Schedule D Tax Worksheet was required for the child, skip this line, enter the amount from line 6 of that worksheet on line 2 below, and go to line 3. If that worksheet was not required, enter the total of lines 7 and 15 of the child's Schedule D, but not less than zero
 2. Enter the smaller of line 1 above or line 15 of the child's Schedule D, but not less than zero
  If line 2 is zero, skip lines 3 through 5, enter zero on line 6, and go to line 7.  
 3. Enter the amount from the last line of the child's completed Line 5 Worksheet. (See the earlier discussion for line 8 of Form 8615.)
 4. Enter the amount from line A of the child's completed Line 5 Worksheet
 5. Divide line 3 by line 4. Enter the result as a decimal
 6. Multiply line 2 by line 5
 7. If no other child has 28% rate gain, enter zero. Otherwise, repeat lines 1 through 6 above for each other child who has 28% rate gain and enter the total of the line 6 amounts for those other children
 8. If the parent does not have 28% rate gain, skip this line, enter zero on line 9, and go to line 10. Otherwise, if an actual Schedule D Tax Worksheet was required for the parent, skip this line, enter the amount from line 6 of that worksheet on line 9 below, and go to line 10. If that worksheet was not required, enter the total of lines 7 and 15 of the parent's Schedule D, but not less than zero
 9. Enter the smaller of line 8 above or line 15 of the parent's Schedule D, but not less than zero
10. Add lines 6, 7, and 9. Also enter this amount on line 6 of the Schedule D Tax Worksheet
 

Figuring unrecaptured section 1250 gain (line 7). If the child, parent, or any other child has unrecaptured section 1250 gain, figure the amount of unrecaptured section 1250 gain included in the net capital gain on line 2 using the following worksheet.

Worksheet for Line 7 of the Schedule D Tax Worksheet (Line 9 Tax)
1. Enter the amount, if any, from line 19 of the child's Schedule D
  If line 1 is zero or blank, skip lines 2 through 4, enter zero on line 5, and go to line 6.
2. Enter the amount, if any, from the last line of the child's completed Line 5 Worksheet. (See the earlier discussion for line 8 of Form 8615.)
3. Enter the amount from line A of the child's completed Line 5 Worksheet
4. Divide line 2 by line 3. Enter the result as a decimal
5. Multiply line 1 by line 4
6. If no other child has unrecaptured section 1250 gain, enter zero. Otherwise, repeat lines 1 through 5 for each other child who has unrecaptured section 1250 gain and enter the total of the line 5 amounts for those children
7. If the parent does not have unrecaptured section 1250 gain, enter zero. Otherwise, enter the amount from line 19 of the parent's Schedule D
8. Add lines 5, 6, and 7. Also enter this amount on line 7 of the Schedule D Tax Worksheet
 

Figuring qualified 5-year gain (line 17). If the child, parent, or any other child has qualified 5-year gain, figure the amount of qualified 5-year gain included in the net capital gain on line 2 using the following worksheet.

Worksheet for Line 17 of the Schedule D Tax Worksheet (Line 9 Tax)
1. Enter the amount, if any, from line 7 of the child's Qualified 5-Year Gain Worksheet in the Schedule D instructions
  If line 1 is zero or blank, skip lines 2 through 4, enter zero on line 5, and go to line 6.  
2. Enter the amount from the last line of the child's completed Line 5 Worksheet. (See the earlier discussion for line 8 of Form 8615.)
3. Enter the amount from line A of the child's completed Line 5 Worksheet
4. Divide line 2 by line 3. Enter the result as a decimal
5. Multiply line 1 by line 4
6. If no other child has qualified 5-year gain, enter zero. Otherwise, repeat lines 1 through 5 above for each child who has qualified 5-year gain and enter the total of the line 5 amounts for those other children
7. If the parent has no qualified 5-year gain, enter zero. Otherwise, enter the amount from line 7 of the parent's Qualified 5-Year Gain Worksheet in the Schedule D instructions
8. Add lines 5, 6 and 7. Also enter this amount on line 17 of the Schedule D Tax Worksheet
 

Using Schedule J for line 9 tax. Use Schedule J, Farm Income Averaging, to figure the line 9 tax on Form 8615 if Schedule J is used to figure the tax on the parent's return. First complete the actual Schedule J for the parent, then use another Schedule J as a worksheet to figure the tax to enter on line 9 of Form 8615. (Do not attach this worksheet to the child's return.)

Complete this worksheet Schedule J as follows.

  1. On line 1, enter the amount from line 8 of Form 8615.
  2. On line 2, enter the amount from the parent's Schedule J, line 2.
  3. Complete line 3 following the Schedule J instructions.
  4. Complete line 4. If line 8 of Form 8615 includes any net capital gain, use the Capital Gain Tax Worksheet to figure the tax amount on this line unless the child, parent, or any other child has unrecaptured section 1250 gain, 28% rate gain, qualified 5-year gain, or an amount on Form 4952, line 4e. In that case, use Schedule D to figure this tax or, if there is unrecaptured section 1250 gain or 28% rate gain, use the Schedule D Tax Worksheet. Follow the earlier instructions under Using the Capital Gain Tax Worksheet for line 9 tax, Using Schedule D for line 9 tax, or Using the Schedule D Tax Worksheet for the line 9 tax, except use the amount on line 3 of this worksheet (instead of the amount on line 8 of Form 8615) in item (1) of those instructions.
  5. On lines 5 through 16, enter the amounts from the parent's Schedule J, lines 5 through 16.
  6. Complete line 17 following the Schedule J instructions.
  7. On lines 18 through 21, enter the amounts from the parent's Schedule J, lines 18 through 21.
  8. Complete line 22 following the Schedule J instructions.

Enter the amount from line 22 of this worksheet Schedule J on line 9 of Form 8615 and check the box on that line.

Line 10 (Parent's Tax)

Enter on line 10 the amount from the parent's Form 1040, line 40; Form 1040A, line 26 (minus any alternative minimum tax); Form 1040EZ, line 10; TeleFile Tax Record, line K; Form 1040NR, line 39; or Form 1040NR-EZ, line 15. Do not include the tax, if any, from Form 4972 or Form 8814.

Line 11 (Tentative Tax)

Subtract line 10 from line 9 and enter the result on this line. This is the tentative tax.

If line 7 is blank, skip lines 12a and 12b and enter the amount from line 11 on line 13.

Lines 12a and 12b (Dividing the Tentative Tax)

If an amount is entered on line 7, divide the tentative tax shown on line 11 among the children according to each child's 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), Sharon's Form 8615 shows $1,600 on line 7. The amount entered on line 12a is $2,400, the total of the amounts on lines 5 and 7 ($800 + $1,600). The decimal on line 12b is .333, figured as follows and rounded to three places.

Graphic

Line 13 (Child's Share of Tentative Tax)

If an amount is entered on line 7, multiply line 11 by the decimal on line 12b and enter the result on line 13. This is the child's share of the tentative tax.


Step 3. Figuring the Child's Tax

The final step in figuring a child's tax using Form 8615 is to determine the larger of:

  1. The total of:
    1. The child's share of the tentative tax based on the parent's tax rate, plus
    2. The tax on the child's taxable income in excess of net investment income, figured at the child's tax rate, or
  2. The tax on the child's taxable income, figured at the child's tax rate.

This is the child's tax. It is figured on lines 14 through 18 of Form 8615.

Line 14 (Child's Taxable Income in Excess of Net Investment Income)

If lines 4 and 5 of Form 8615 are the same, the child's taxable income does not exceed the child's net investment income. Skip line 14, enter zero on line 15, and go to line 16. Also skip the rest of this discussion and the discussion for line 15 that follows.

If lines 4 and 5 are not the same, subtract line 5 from line 4 and enter the result on line 14. Then, before completing line 15, you must determine the amount of net capital gain, if any, included on line 14.

Net capital gain on line 14. If the child does not have any net capital gain, the net capital gain included on line 14 is zero. For an explanation of net capital gain, see Net capital gain on line 8 in the earlier discussion for line 8 of Form 8615.

If the child has net capital gain, the amount included on line 14 is the amount from line A of the child's completed Line 5 Worksheet minus the amount from the last line of that worksheet. (See the earlier discussion for line 8 of Form 8615.)

Line 15 (Tax on Child's Taxable Income in Excess of Net Investment Income).

Figure the tax on the amount on line 14 using the Tax Table, the Tax Rate Schedules, the Capital Gain Tax Worksheet, the Schedule D Tax Worksheet, or Schedule D or J (Form 1040), as follows.

  • If line 14 does not include any net capital gain, use the Tax Table or Tax Rate Schedules (or Schedule J, if applicable) to figure this tax.
  • If line 14 does include any net capital gain, use the Capital Gain Tax Worksheet to figure this tax unless the child has unrecaptured section 1250 gain, 28% rate gain, qualified 5-year gain, or an amount on Form 4952, line 4e. In that case, use Schedule D to figure this tax or, if the child has unrecaptured section 1250 gain or 28% rate gain, use the Schedule D Tax Worksheet. (But use Schedule J instead, if it applies.)

Caution: Tax computation for certain dependents. Generally, if the child can be claimed as a dependent on someone else's tax return, you can reduce any tax amount figured using the 2001 Tax Table or Tax Rate Schedules (including any line 15 tax figured on any worksheet or schedule described in the following paragraphs) by one-third of the tax amount or $300, whichever is smaller.

This reduction does not apply to the following dependents.

  • A child who received (before any offsets) an advance payment of his or her 2001 taxes.
  • A child who files Form 1040NR.

Using the Capital Gain Tax Worksheet for line 15 tax. If you use the Capital Gain Tax Worksheet to figure the line 15 tax on Form 8615, complete that worksheet as follows.

  1. On line 1, enter the amount from line 14 of Form 8615.
  2. On line 2, enter the amount of the net capital gain included on line 14 of Form 8615. (See the earlier discussion for line 14.)
  3. Complete lines 3 through 15 following the worksheet instructions. Use the child's filing status to complete lines 4, 5, and 14. (Before completing lines 4 and 14, see the caution, Tax computation for certain dependents, earlier.)

Enter the amount from line 15 of this Capital Gain Tax Worksheet on line 15 of Form 8615 and check the box on that line. Do not attach this worksheet to the child's return.

Using Schedule D for line 15 tax. Use Part IV of Schedule D to figure the line 15 tax on Form 8615 if the child has qualified 5-year gain or an amount on Form 4952, line 4e, and no unrecaptured section 1250 gain or 28% rate gain. If you must use Schedule D, first complete any actual Schedule D required for the child. Then figure the line 15 tax using Part IV of another Schedule D as a worksheet. (Do not attach this worksheet Schedule D to the child's return.)

Complete this worksheet Schedule D as follows.

  1. On line 19, enter zero.
  2. On line 20, enter the amount from line 14 of Form 8615.
  3. On line 21, enter the net capital gain included on line 14 of Form 8615. (See the earlier discussion for line 14.)
  4. On line 22, enter the amount from line 22 of the child's actual Schedule D.
  5. Complete lines 23 through 40, following the Schedule D instructions. Use the child's filing status to complete lines 25, 26, and 39. (Before completing lines 25 and 39, see the caution, Tax computation for certain dependents, earlier.) If you need to complete line 29, enter zero if the child has no qualified 5-year gain (line 7 of the Qualified 5-year Gain Worksheet in the Schedule D instructions). Otherwise, in the earlier discussion for line 9 of Form 8615, see the Worksheet for Line 29 of Schedule D (Line 9 Tax) or the Worksheet for Line 17 of the Schedule D Tax Worksheet (Line 9 Tax), whichever was used. Subtract line 5 of that worksheet from line 1 of that worksheet and enter the result on line 29 of this worksheet Schedule D.

Enter the amount from line 40 of this worksheet Schedule D on line 15 of Form 8615.

Using the Schedule D Tax Worksheet for line 15 tax. Use the Schedule D Tax Worksheet in the Schedule D instructions to figure the line 15 tax on Form 8615 if the child has unrecaptured section 1250 gain or 28% rate gain. If you must use the Schedule D Tax Worksheet, first complete any Schedule D and any actual Schedule D Tax Worksheet required for the child. Then figure the line 15 tax using another Schedule D Tax Worksheet. (Do not attach thisSchedule D Tax Worksheet to the child's return.)

Complete this Schedule D Tax Worksheet as follows.

  1. On line 1, enter the amount from line 14 of Form 8615.
  2. Leave lines 2 and 3 blank.
  3. On line 4, enter the net capital gain included on line 14 of Form 8615. (See the earlier discussion for line 14.)
  4. Leave line 5 blank.
  5. On line 6, enter zero if the child has no 28% rate gain (line 15 of Schedule D). Otherwise, see the Worksheet for Line 6 of the Schedule D Tax Worksheet (Line 9 Tax) under Using the Schedule D Tax Worksheet for line 9 tax, earlier. Subtract line 8 of that worksheet from line 2 of that worksheet, and enter the result.
  6. On line 7, enter zero if the child has no unrecaptured section 1250 gain (line 19 of Schedule D). Otherwise, in the earlier discussion for line 9 of Form 8615, see the Worksheet for Line 7 of the Schedule D Tax Worksheet (Line 9 Tax). Subtract line 5 of that worksheet from line 1 of that worksheet and enter the result on line 7 of this worksheet.
  7. Complete lines 8 through 37, following the worksheet instructions. Use the child's filing status to complete lines 11, 15, and 36. (Before completing lines 15 and 36, see the caution, Tax computation for certain dependents, earlier.) If you need to complete line 17, enter zero if the child has no qualified 5-year gain (line 7 of the Qualified 5-Year Gain Worksheet in the Schedule D instructions). Otherwise, in the earlier discussion for line 9 of Form 8615, see the Worksheet for Line 17 of the Schedule D Tax Worksheet (Line 9 Tax). Subtract line 5 of that worksheet from line 1 of that worksheet and enter the result on line 17 of this worksheet.

Enter the amount from line 37 of this Schedule D Tax Worksheet on line 15 of Form 8615 and check the box on that line.

Using Schedule J for line 15 tax. If Schedule J applies, use it as a worksheet to figure the tax to enter on line 15 of Form 8615. On line 1 of this worksheet, enter the amount from line 14 of Form 8615. Complete lines 2 through 22 following the worksheet instructions. Use the child's filing status to complete lines 4, 8, 12, and 16. (Before completing line 4, see the caution, Tax computation for certain dependents, earlier.)

Enter the amount from line 22 of this worksheet Schedule J on line 15 of Form 8615 and check the box on that line. Do not attach this worksheet to the child's return.

Line 16 Combined Tax

Add lines 13 and 15 and enter the total on line 16. This is the child's tax figured at the parent's rate on net investment income and the child's rate on other income.

Line 17 (Tax at Child's Rate)

Figure the tax on line 4 (the child's taxable income). Use the Tax Table, the Tax Rate Schedules, the Capital Gain Tax Worksheet, the Schedule D Tax Worksheet, or the child's actual Schedule D or J, whichever applies. (Before completing line 17, see the caution, Tax computation for certain dependents, earlier.) Enter the tax amount on line 17. If it is from the Capital Gain Tax Worksheet, the Schedule D Tax Worksheet, Schedule D, or Schedule J, check the box on that line.

Line 18 (Tax)

Enter on line 18 the larger of line 16 or line 17. Also enter this amount on the child's Form 1040, line 40; Form 1040A, line 26; or Form 1040NR, line 39. This is the child's 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 law. These items include accelerated depreciation and certain tax-exempt interest income. The AMT may also apply if the child has passive activity losses or certain distributions from estates or trusts.

For more information on who is liable for AMT and how to figure it, get Form 6251.

Limit on exemption amount. Ordinarily, single people can subtract a $35,750 exemption amount from their AMT taxable income. However, a child who files Form 8615 has a limited exemption amount. The child's exemption amount for 2001 is limited to the child's earned income plus $5,350. Figure the child's allowable exemption amount on the worksheet in the instructions for line 22 of Form 6251.


Illustrated Example

This example shows how to fill out Forms 8615 and 1040A for Sara Brown. It also shows how to use the Capital Gain Tax Worksheet in the Form 1040A instructions to figure Sara's tax.

John and Laura Brown have one child, Sara. She is 13 and has $2,100 taxable interest and dividend income, $700 capital gain distributions, and $1,550 earned income. She does not itemize deductions and did not receive an advance payment of her 2001 taxes during 2001. John and Laura file a joint return with John's name and social security number listed first. They claim three exemptions, including an exemption for Sara, on their return.

Because she is under age 14 and has more than $1,500 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.

Sara's father, John, fills out Sara's return. He completes her Form 1040A through line 25, then begins completing her Form 8615.

John enters his name and social security number on Sara's 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 Sara's investment income, $2,800, on line 1. Sara does not itemize deductions, so John enters $1,500 on line 2. He enters $1,300 ($2,800 - $1,500) on line 3.

Sara's taxable income, as shown on line 25 of her Form 1040A, is $2,550. This is her total income ($4,350) minus her standard deduction ($1,800). Her standard deduction is limited to the amount of her earned income plus $250. John enters $2,550 on line 4.

John compares lines 3 and 4 and enters the smaller amount, $1,300, 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 ($1,300), line 6 ($48,000), and line 7 (blank) and enters $49,300 on line 8.

Because Sara's capital gain distributions are included on line 5, John uses Line 5 Worksheet #1 (in the discussion for line 8, earlier) to figure out that $325 net capital gain is included on line 5. He completes that worksheet as follows.

Line 5 Worksheet #1
A. Enter the child's net capital gain 700
B. Enter the amount from line 1 of the child's Form 8615 2,800
C. Divide line A by line B (but do not enter more than 1) .25
D. Multiply $1,500 by line C 375
E. Net capital gain on line 5. Subtract line D from line A (but do not enter less than zero or more than the amount on line 5 of Form 8615) 325

Therefore, line 8 of Sara's Form 8615 also includes net capital gain of $325. John uses the Capital Gain Tax Worksheet (in the Form 1040A instructions) and follows the instructions under Using the Capital Gain Tax Worksheet for line 9 tax, earlier, to figure the $7,883 tax to enter on line 9 of Sara's Form 8615. He completes that worksheet as shown on Filled-in Capital Gain Tax Worksheet #1.

He enters the tax from his and Laura's Form 1040 ($7,557) on line 10 of Sara's Form 8615, subtracts that amount from the $7,883 on line 9, and enters the $326 remainder on line 11. Because line 7 is blank, John skips lines 12a and 12b and enters $326 on line 13.

John subtracts line 5 ($1,300) from line 4 ($2,550) and enters the result, $1,250 on line 14. Using the instructions for line 14 earlier, John subtracts the net capital gain included on line 5 ($325) from Sara's net capital gain ($700) to figure the $375 net capital gain included on line 14. He uses another Capital Gain Tax Worksheet and follows the instructions under Using the Capital Gain Tax Worksheet for line 15 tax, earlier, to figure the $126 tax to enter on Form 8615, line 15. He completes that worksheet as shown on Filled-in Capital Gain Tax Worksheet #2.

John adds lines 13 and 15 of Form 8615 and enters the sum, $452, on line 16. Then he uses another Capital Gain Tax Worksheet to figure the $256 tax on Sara's $2,550 taxable income to enter on Form 8615, line 17. He completes that worksheet as shown on Filled-in Capital Gain Tax Worksheet #3.

Finally, John compares lines 16 and 17 and enters the larger amount, $452, on line 18 of Sara's Form 8615. He also enters that amount on line 26 of Sara's Form 1040A.

John also completes Schedule 1, Form 1040A (not shown) for Sara.

Form 1040A, page 1, for Sara L. Brown

Form 1040A, page 2, for Sara L. Brown

Form 8615 for Sara L. Brown

Filled-in Capital Gain Tax Worksheet #1 (showing 7,883)

Filled-in Capital Gain Tax Worksheet #2 (showing 126)

Filled-in Capital Gain Tax Worksheet #3 (showing 256)

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