US Internal Revenue Service: p929--1998

8/14/2019 US Internal Revenue Service: p929--1998

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ContentsIntroduction ........................................ 2

Part 1. Rules for All Dependents ...... 2

Filing Requirements ........................ 2Who Should File ............................. 4

Responsibility for Child's Return .... 4Standard Deduction ........................ 4

Dependent's Own Exemption ......... 5Withholding From Wages ............... 5

Part 2. Tax on Investment Income ofChild Under 14 ............................. 6

Parent's Election To Report Child'sInterest and Dividends ............. 6

Tax for Children Under Age 14 WhoHave Investment Income ofMore Than $1,400 ................... 8

Glossary .............................................. 18

How To Get More Information .......... 19

Index .................................................... 20

Important Changesfor 1998Investment income of child under age 14.If a child's investment income is more than acertain amount, part of it may be taxed at theparents' rate. This amount has increased from$1,300 in 1997 to $1,400 in 1998. See Taxfor Children Under Age 14 Who Have Invest-ment Income of More Than $1,400 in Part 2.

Filing requirements. The amount of grossincome that dependents can have during theyear without having to file a return has in-creased. See Filing Requirements in Part 1for more information.

Standard deduction. The minimum stand-ard deduction for dependents has increasedfrom $650 in 1997 to $700 in 1998. Thestandard deduction for many dependents withearned income (wages, tips, etc.) has in-creased. See Standard Deduction in Part 1for more information.

Alternative minimum tax. The limit on theexemption amount for figuring the alternativeminimum tax of a child filing Form 8615 hasincreased to the child's earned income plus$5,000. See Alternative Minimum Tax, in Part2.

Important RemindersParent's election to report child's interestand dividends. You may be able to elect toinclude your child's interest and dividends onyour tax return. If you make this election, thechild does not have to file a return. See Par-ent's Election To Report Child's Interest andDividendsin Part 2.

Social security number (SSN). Depen-dents who are required to file a tax returnmust have an SSN. To apply for an SSN,Form SS-5 must be filed with the Social Se-curity Administration. It usually takes about 2weeks to get an SSN.

Departmentof theTreasury

InternalRevenueService

Publica tion 929Cat. No. 64349Y

Tax Rules forChildren andDependents

For use in preparing

1998 Returns


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Individual taxpayer identification number(ITIN). The IRS will issue an ITIN to a non-resident or resident alien who does not haveand is not eligible to get a social securitynumber (SSN). To apply for an ITIN, FormW7 must be filed with the IRS. It usuallytakes about 30 days to get an ITIN. The ITINis entered wherever an SSN is requested ona tax return. If you are required to includeanother person's SSN on your return and thatperson does not have and cannot get anSSN, enter that person's ITIN.

An ITIN is for tax use only. It does notentitle the holder to social security benefitsor change the holder's employment or immi-gration status under U.S. law.

Exemption. A person who can be claimedas a dependent on another person's tax re-turn cannot claim an exemption for himselfor herself on his or her own return.

IntroductionPart 1 of this publication explains the filingrequirements and other tax information forindividuals who can be claimed as a de-pendent on another person's tax return.

Part 2 explains how to report and figurethe tax on certain investment income of chil-dren under age 14 (whether or not they canbe claimed as dependents).

Definitions. Many of the terms used in thispublication, such as dependent, earned in-come, and unearned income, are definedin the Glossaryat the back of this publication.

Useful ItemsYou may want to see:

Publication

501 Exemptions, Standard Deduction,and Filing Information

520 Scholarships and Fellowships

Form (and Instructions)

W4 Employee's Withholding Allow-ance Certificate

8615 Tax for Children Under Age 14Who Have Investment Income ofMore Than $1,400

8814 Parents' Election To ReportChild's Interest and Dividends

See How To Get More Information nearthe end of this publication for informationabout getting these publications and forms.

Part 1. Rules forAll Dependents

Terms you may need to know (seeGlossary):

DependentEarned incomeExemptionFiling status

Gross incomeItemized deductionsStandard deductionUnearned income

This part of the publication discusses thefiling requirements for dependents, who isresponsible for a child's return, how to figurea dependent's standard deduction and ex-emption (if any), and whether a dependent

can claim exemption from federal income taxwithholding.

Filing RequirementsWhether a dependent has to file a returngenerally depends on the amount of the de-pendent's earned and unearned income andwhether the dependent is married, is age 65or older, or is blind.

The following sections apply to depen-dents with:

Earned income only,

Unearned income only, and

Both earned and unearned income.

To find out whether a dependent must file,read the section that applies, or use Table 1.

CAUTION

!A dependent may have to file a returneven if his or her income is below theamount that would normally require a

return. SeeOther Filing Requirements, later.

Earned Income OnlyA dependent must file a return if all his orher income is earned income, and the total ismore than the amount listed in the followingtable.

Example. William is 16. His motherclaims an exemption for him on her incometax return. He worked part time on weekendsduring the school year and full time during thesummer. He earned $4,400 in wages. He didnot have any unearned income.

He must file a tax return because he hasearned income only and his total income ismore than $4,250. If he were blind, he wouldnot have to file a return because his total in-come is not more than $5,300.

Unearned Income OnlyA dependent must file a return if all his or her

income is unearned income, and the total ismore than the amount listed in the followingtable.

Example. Kim is 18 and single. Her par-ents can claim an exemption for her on theirincome tax return. She received $850 of tax-able interest and dividend income. She didnot work during the year.

She must file a tax return because she hasunearned income only and her total incomeof $850 is more than $700. If she were blind,she would not have to file a return becauseshe has unearned income only and her total

income is not more than $1,750.

Election to report child's unearned incomeon parent's return. A parent of a child underage 14 may be able to elect to include thechild's interest and dividend income (includingAlaska Permanent Fund dividends) on theparent's return. See Parent's Election ToReport Child's Interest and Dividends in Part2. If the parent makes this election, the childdoes not have to file a return.

Earned andUnearned Income

A dependent who has both earnedand unearned income generally mustfile a return if his or her gross (total)

income is more than line 5 of the followingworksheet.

65 or older and/or blind. A de-pendent who is 65 or older and/orblind must file a return if his or her

gross (total) income is more than line 7 of thefollowing worksheet.

Marital Status AmountSingle

Under 65 and not blind ............................ $700Either 65 or older or blind ........................ $1,75065 or older and blind ............................... $2,800

Married*Under 65 and not blind ............................ $700Either 65 or older or blind ........................ $1,55065 or older and blind ............................... $2,400

*If a dependent's spouse itemizes deductions on aseparate return, the dependent must file a return ifthe dependent has at least $5 of gross income(earned and/or unearned).

Filing Requirement Worksheetfor Most Dependents


Under 65 and not blind ............................ $4,2501. Enter dependent's earned income plus

$250. .......................................................Either 65 or older or blind ........................ $5,30065 or older and blind ............................... $6,350

2. Minimum amount ..................................... $700Married*3. Compare lines 1 and 2. Enter the larger

amount ....................................................Under 65 and not blind ............................ $3,550Either 65 or older or blind ........................ $4,400

4. Enter the appropriate amount from thefollowing table .........................................

65 or older and blind ............................... $5,250

*If a dependent's spouse itemizes deductions on aseparate return, the dependent must file a return ifthe dependent has at least $5 of gross income

(earned and/or unearned).

Marital Status AmountSingle $4,250

Married $3,5505. Compare lines 3 and 4. Enter the smaller

amount ....................................................6. Enter the dependent's gross total income

..................................................................

If line 6 is more than line 5, the dependent must filean income tax return. If the dependent is marriedand his or her spouse itemizes deductions on aseparate return, the dependent must file an incometax return if gross income is $5 or more.

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Table 1. 1998 Filing Requirements for Dependents

If you are a dependent of your parent (or someone else), use this table to see if you mustfile a return.

Single dependentsWere you either age 65 or older or blind?

No. You must file a return if any of the following apply.

See the definitions of dependent, earned income, and unearned income in theGlossary.

PLUS$700 or your earnedincome (up to $4,000) plus $250

$1,050 ($2,100 if 65or older and blind)

The larger of: This amount:

Married dependentsWere you either age 65 or older or blind?

No. You must file a return if either of the following apply.

Yes. You must file a return if any of the following apply.

PLUS $700 or $850 ($1,700 if 65or older and blind)

The larger of: This amount:

Your gross income was at least $5 and your spouse files a separate return anditemizes deductions.

Your earned income was over $4,400 ($5,250 if 65 or older and blind), Your unearned income was over $1,550 ($2,400 if 65 or over and blind), Your gross income was at least $5 and your spouse files a separate return and

itemizes deductions. Your gross income was more than

Your unearned income was over $1,750 ($2,800 if 65 or over and blind), Your gross income was more than

Yes. You must file a return if any of the following apply. Your earned income was over $5,300 ($6,350 if 65 or older and blind),

Your earned income was more than $4,250. Your unearned income was more than $700.

Your gross income was more thanThe larger of:

$700, or Your earned income (up to $4,000) plus $250.

Your earned income was more than $3,550. Your unearned income was more than $700. Your gross income was more than

The larger of:

$700, or Your earned income (up to $3,300) plus $250.

Your earned income (up to $3,300) plus $250

Example 2. The facts are the same as inExample 1 except that Joe had $400 taxableinterest income.

He must file a tax return because his totalincome of $2,900 ($400 interest plus $2,500wages) is more than $2,750, the amount online 5 of his filled-in worksheet (shown next).

Example 3. The facts are the same as inExample 2 except that Joe is also blind. Hewould not have to file a return because histotal income of $2,900 is not more than$3,800 (figured by filling in the Filing Re-quirement Worksheet for Dependents WhoAre 65 or Older and/or Blind, as shown next).

Filled-in Example 1 for JoeFiling Requirement Worksheet

for Most Dependents

1. Enter dependent's earned income plus$250. ....................................................... $2,750

2. Minimum amount ..................................... $7003. Compare lines 1 and 2. Enter the larger

amount .................................................... 2,7504. Enter the appropriate amount from the

following table ......................................... 4,250

Marital Status AmountSingle $4,250Married $3,550

5. Compare lines 3 and 4. Enter the smalleramount .................................................... 2,750

6. Enter the dependent's gross total income.................................................................. 2,700


Filled-in Example 2 for JoeFiling Requirement Worksheet

for Most Dependents

1. Enter dependent's earned income plus$250. ....................................................... $2,750


amount .................................................... 2,7504. Enter the appropriate amount from the

following table ......................................... 4,250


5. Compare lines 3 and 4. Enter the smalleramount .................................................... 2,750

6. Enter the dependent's gross (total) in-come ........................................................ 2,900

If line 6 is more than line 5, the dependent must filean income tax return. If the dependent is marriedand his or her spouse itemizes deductions on aseparate return, the dependent must file an incometax return if gross income is $5 or more.Filing Requirement Worksheet

for DependentsWho Are 65 or Older

and/or Blind

Example 1. Joe is 20, single, and a full-time college student. His parents providemost of his support and claim an exemptionfor him on their income tax return. He re-ceived $200 taxable interest income andearned $2,500 from a part-time job.

He does not have to file a tax return be-cause his total income of $2,700 ($200 inter-est plus $2,500 in wages) is not more than$2,750 (figured by filling in the Filing Re-quirement Worksheet for Most Dependents,as shown next).

7. Add lines 5 and 6.Enter the total ..........................................

8. Enter the dependent's gross (total) in-come ........................................................


1. Enter dependent's earned income plus$250 ........................................................


amount ....................................................4. Enter the appropriate amount from the

following table .........................................Filled-in Example 3 for Joe

Filing Requirement Worksheetfor Dependents

Who Are 65 or Older

and/or Blind


5. Compare lines 3 and 4. Enter the smaller

amount ....................................................6. Enter the amount from the following table

that applies to the dependent ................ .1. Enter dependent's earned income plus

$250 ........................................................ $2,7502. Minimum amount ..................................... $700Marital Status Amount3. Compare lines 1 and 2. Enter the larger

amount .................................................... $2,750Single

Either 65 or older or bl ind $1,0504. Enter the appropriate amount from the

following table ......................................... $4,25065 or older and blind $2,100

MarriedEither 65 or older or blind $850 Marital Status Amount65 or older and blind $1,700 Single $4,250

Married $3,550

5. Compare lines 3 and 4. Enter the smalleramount .................................................... $2,750

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Other Filing RequirementsSome dependents may have to file a tax re-turn even if their income is below the amountthat would normally require them to file a re-turn.

A dependent must file a tax return if heor she owes any other taxes, such as:

1) Social security and Medicare tax on tipsnot reported to his or her employer,

2) Uncollected social security and Medicareor railroad retirement tax on tips reportedto his or her employer or on group-termlife insurance,

3) Alternative minimum tax,

4) Tax on a qualified retirement plan, in-cluding an individual retirement arrange-ment (IRA), or

5) Tax from a recapture of investmentcredit, low-income housing credit, federalmortgage subsidy, or qualified electricvehicle credit.

A dependent must also file a tax returnif he or she:

1) Received any advance earned incomecredit payments from his or her employ-

ers in 1998,

2) Had wages of $108.28 or more from achurch or qualified church-controlled or-ganization that is exempt from employersocial security and Medicare taxes, or

3) Had net earnings from self-employmentof at least $400.

Spouse itemizes. A dependent must file areturn if the dependent's spouse itemizesdeductions on a separate return and the de-pendent has at least $5 of gross income(earned and/or unearned).

Who Should FileEven if a dependent does not meet any of thefiling requirements discussed earlier, he orshe should file a tax return if one of the fol-lowing applies.

1) Income tax was withheld from his or herpay.

2) He or she qualifies for the earned in-come credit. See Publication 596 formore information.

By filing a return, the dependent can get arefund.

6. Enter the amount from the following tablethat applies to the dependent ................. $1,050

Responsibility forChild's ReturnGenerally, the child is responsible for filinghis or her own tax return and for paying anytax, penalties, or interest on that return. If achild cannot file his or her own return for anyreason, such as age, the child's parent orguardian is responsible for filing a return onhis or her behalf.

Signing the child's return. If the child can-not sign his or her return, a parent or guardiancan sign the child's name in the space pro-vided at the bottom of the tax return. Then,he or she should add: By (signature), parent(or guardian) for minor child.

Authority of parent or guardian. A par-ent or guardian who signs a return on a child'sbehalf can deal with the IRS on all mattersconnected with the return.

A parent or guardian who does not signthe child's return can only provide informationconcerning the child's return and pay thechild's tax. That parent or guardian is not en-titled to receive information from the IRS orlegally bind the child for a tax liability arising

from the return.A parent or guardian who does not signthe child's return may be designated as thechild's representative by the child or the per-son signing the return on the child's behalf.If designated, a parent or guardian can re-ceive information about the child's return butcannot legally bind the child to a tax liabilityunless authorized to do so by the law of thestate in which the child lives.

Form 2848, Power of Attorney and Dec-laration of Representative, is used to desig-nate a child's representative. See Publication947, Practice Before the IRS and Power ofAttorney, for more information.

IRS notice. If you or the child receives anotice from the Internal Revenue Serviceconcerning the child's return or tax liability,

you should immediately inform the IRS thatthe notice concerns a child. The notice willshow who to contact. The IRS will try to re-solve the matter with the parent(s) orguardian(s) of the child consistent with theirauthority.

Child's earnings. The income a child re-ceives for his or her personal services (labor)is the child's, even if under state law, theparent is entitled to and receives that income.

If the child does not pay the tax due on thisincome, the parent may be liable for the tax.

Child's expenses. Deductions for paymentsthat are due to the child's earnings are thechild's, even if the payments are made by theparent.

Example. You made payments on yourchild's behalf that are deductible as a busi-ness expense and a charitable contribution.You made the payments out of your child'searnings. These items can be deducted onlyon the child's return.

Standard DeductionThe standard deduction for an individual whocan be claimed as a dependent on another

person's tax return is generally limited to thelarger of:

1) $700, or

2) The individual's earned income plus$250, but not more than the regularstandard deduction (generally $4,250).

However, the standard deduction for adependent who is 65 or older or blind maybe higher.

Certain dependents cannot claim any

standard deduction. See Standard Deductionof Zero, later.

Table 2. Table 2 is used to figure the de-pendent's standard deduction.

Example 1. Michael is single, 15, and notblind. His parents can claim him as a de-pendent on their tax return. He has taxableinterest income of $800 and wages of $150.He enters his earned income plus $250($400), on line 1 of Table 2. On line 3, heenters $700, the larger of $400 and $700.Michael enters $4,250 on line 4. On line 5a,he enters $700, the smaller of $700 and$4,250. His standard deduction is $700.

Example 2. Judy, a full-time student, issingle, 22, and not blind. Her parents canclaim her as a dependent on their tax return.She has dividend income of $275 and wagesof $2,500. She enters her earned income plus$250 ($2,750) on line 1 of Table 2. On line3, she enters $2,750, the larger of $2,750 and$700. She enters $4,250 on line 4. On line5a, she enters $2,750 (the smaller of $2,750and $4,250) as her standard deduction.

Example 3. Amy, who is single, isclaimed as a dependent on her parents' taxreturn. She is 18 and blind. She has taxableinterest income of $1,000 and wages of$2,000. She enters her earned income plus$250 ($2,250) on line 1 of Table 2. She enters$2,250 (the larger of $2,250 and $700) on line

3, $4,250 on line 4, and $2,250 (the smallerof $2,250 or $4,250) on line 5a. Because Amyis blind, she checks the box for blindness andenters 1 in the box at the top of Table 2. Sheenters $1,050 on line 5b (number in the boxx $1,050). Her standard deduction on line 5cis $3,300 ($2,250 + $1,050).

Standard Deductionof ZeroThe standard deduction for the following de-pendents is zero.

1) A married dependent filing a separatereturn whose spouse itemizes de-ductions.

2) A dependent who files a return for a pe-riod of less than 12 months due to achange in his or her annual accountingperiod.

3) A nonresident or dual-status alien de-pendent.

Example. Jennifer, who is a dependentof her parents, is entitled to file a joint returnwith her husband. However, her husbandelects to file a separate return and itemize hisdeductions. Because he itemizes, Jennifer'sstandard deduction on her return is zero. Shecan, however, itemize any of her allowabledeductions.


Either 65 or older or b lind $1,05065 or older and blind $2,100

MarriedEither 65 or older or blind $85065 or older and blind $1,700

7. Add lines 5 and 6.Enter the total .......................................... $3,800

8. Enter the dependent's gross (total) in-come ........................................................ $2,900

If line 8 is more than line 7, the dependent must filean income tax return.

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Table 2. Standard Deduction Worksheet for Dependents

Use this worksheet ONLY if someone can claim you (or your spouse, if filing jointly) as adependent.

If you were 65 or older and/or blind, check the correct number of boxes below. Put the totalnumber of boxes checked on line c and go to line 1.

You

Your spouse, if claimingspouses exemption

Total boxes checked

65 or older Blind

65 or older Blind

1. Enter your earned income (defined below) plus $250. If none, goon to line 3.

2. Minimum amount.

3. Compare lines 1 and 2. Enter the larger of the two amounts here.

Enter on line 4 the amount shown below for your filing status.4.

Single$4,250 Married filing separate return$3,550 Married filing jointly or qualifying widow(er) with dependent

child$7,100 Head of household$6,250

Standard deduction.5.Compare lines 3 and 4. Enter the smaller amount here. If under 65and not blind, stop here. This is your standard deduction.Otherwise, go on to line 5b.If 65 or older or blind, multiply $1,050 ($850 if married or qualifyingwidow(er) with dependent child) by the number on line c above.Enter the result here.Add lines 5a and 5b. This is your standard deduction for 1998.

a.

b.

c.

Earned income includes wages, salaries, tips, professional fees, and other compensationreceived for personal services you performed. It also includes any amount received as ascholarship that you must include in income.

1.

2.

3.

4.

5a.

5b.

5c.

$700

a.

b.

c.

Conditions for exemption from withhold-ing. An employee can claim exemption fromwithholding for 1999 only if he or she meetsboth of the following conditions.

1) For 1998, the employee had a right to arefund of all federal income tax withheldbecause he or she had no tax liability.

2) For 1999, the employee expects a re-fund of all federal income tax withheldbecause he or she expects to have notax liability.

Dependents. An employee who is a de-pendent ordinarily cannot claim exemptionfrom withholding if both of the following aretrue.

1) The employee's total income will bemore than the minimum standard de-duction amount, which is $700 for 1998.(This amount may be higher for 1999.)

2) The employee's unearned (investment-type) income will be more than $250.

Exceptions. An employee who is 65 orolder or blind or will claim adjustments to in-come, itemized deductions, or tax credits onhis or her 1999 tax return, may be able toclaim exemption from withholding even if theemployee is a dependent. See the dis-cussions in chapter 1 of Publication 505 un-der Exemption From Withholding for moreinformation.

Example. Guy is 17 and a student. Dur-ing the summer he works part time at a gro-cery store. He expects to earn about $1,000this year. He also worked at the store lastsummer and received a refund of all hiswithheld income tax because he did not havea tax liability. The only other income he ex-pects during the year is $275 interest on asavings account. He expects to be claimedas a dependent on his parents' tax return.

Guy is not blind and will not claim adjust-ments to income, itemized deductions, or tax

credits on his return. He cannot claim ex-emption from withholding when he fills outForm W4 because his parents will be ableto claim him as a dependent, his total incomewill be more than the minimum standard de-duction amount and his unearned income willbe more than $250.

Claiming exemption from withholding. Anemployee who meets both conditions de-scribed earlier under Conditions for ex-emption from withholding, must write EX-EMPT in the space provided on Form W-4.Complete the rest of the form and give it toyour employer.

Renewing an exemption from withholding.An exemption from withholding is good foronly one year. An employee must file a newForm W4 by February 15 each year to con-tinue the exemption.

Note. If you are a nonresident or dual-status alien who is married to a U.S. citizenor resident at the end of 1998, you may beable to choose to be treated as a U.S. resi-dent for 1998. See Publication 519, U.S. TaxGuide for Aliens.

You are considered a dual-status alien ifyou were both a nonresident alien and a res-ident alien during the year.

Dependent'sOwn ExemptionA person who can be claimed as a dependenton another taxpayer's return cannot claim hisor her own exemption. This is true even if theother taxpayer does not actually claim theexemption.

Example. James and Barbara have achild, Ben. Ben can be claimed as a de-pendent on their return. He is a full-time col-

lege student who works during the summerand must file a tax return. James and Barbaraclaim Ben as a dependent on their tax return.Ben cannot claim his own exemption on hisreturn. This is true even if James andBarbara do not claim Ben as a dependent.

WithholdingFrom WagesEmployers generally withhold federal incometax, social security tax, and Medicare tax froman employee's wages. If the employee claimsexemption from withholding on Form W4,Employee's Withholding Allowance Certif-icate, the employer will not withhold federalincome tax. The exemption from withholdingdoes not apply to social security or Medicaretaxes.

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Part 2. Tax onInvestment Incomeof Child Under 14Terms you may need to know (seeGlossary):

Adjusted gross incomeAdjustments to income

Alternative minimum taxCapital gain distributionDependentEarned incomeFiling statusGross incomeInvestment incomeItemized deductionsNet capital gainNet investment incomeStandard deductionTax yearTaxable incomeUnearned income

Two special rules apply to the tax on certaininvestment income of a child under age 14:

1) If a child's interest, dividends, and otherinvestment income total more than$1,400, part of that income may be taxedat the parent's tax rate instead of thechild's tax rate (see Tax for ChildrenUnder Age 14 Who Have Investment In-come of More Than $1,400, later).

2) A child's parent may be able to chooseto include the child's interest and divi-dend income (including capital gain dis-tributions) on the parent's return ratherthan file a return for the child (see Par-ent's Election To Report Child's Interestand Dividends, later).

For these rules, the term child includes

a legally adopted child and a stepchild. Theserules apply whether or not the child is a de-pendent.

These rules do notapply if:

1) The child is not required to file a tax re-turn (see Filing Requirementsin Part 1),or

2) Neither of the child's parents were livingat the end of the tax year.

Which Parent'sReturn To UseIf a child's parents are married to each otherand file a joint return, use the joint return tofigure the tax on the investment income of achild under 14. For parents who do not file a

joint return, the following discussions explainwhich parent's tax return must be used tofigure the tax. Only the parent whose tax re-turn is used can make the election describedunder Parent's Election To Report Child's In-terest and Dividends. The tax rate and otherreturn information from that parent's returnare used to compute the child's tax as ex-plained later under Tax for Children UnderAge 14 Who Have Investment Income ofMore Than $1,400.

Parents are married. If the child's parents fileseparate returns, use the return of the parentwith the greater taxable income.

Parents not living together. If a child'sparents are married to each other but not liv-ing together, and the parent with whom thechild lives (the custodial parent) is consideredunmarried, use the return of the custodialparent. If the custodial parent is not consid-ered unmarried, use the return of the parentwith the greater taxable income.

For an explanation of when a marriedperson living apart from his or her spouse isconsidered unmarried, see Head of House-holdin Publication 501.

Parents are divorced. If a child's parentsare divorced or legally separated, and theparent who had custody of the child for thegreater part of the year (the custodial parent)has not remarried, use the return of the cus-todial parent.

Custodial parent remarried. If the cus-todial parent has remarried, the stepparent(rather than the noncustodial parent) istreated as the child's other parent. Therefore,if the custodial parent and the stepparent filea joint return, use that joint return. Do not usethe return of the noncustodial parent.

If the custodial parent and the stepparentare married, but file separate returns, use thereturn of the one with the greater taxable in-come. If the custodial parent and the

stepparent are married but not living together,the earlier discussion under Parents not livingtogetherapplies.

Parents never married. If a child's parentsdid not marry each other, but lived togetherall year, use the return of the parent with thegreater taxable income. If the parents did notlive together all year, the rules explainedearlier under Parents are divorcedapply.

Widows and widowers. If a widow orwidower remarries, the new spouse is treatedas the child's other parent. The rules ex-plained earlier under Custodial parent remar-riedapply.

Parent's ElectionTo Report Child'sInterest and Dividends

You may be able to elect to include yourchild's interest and dividend income (includingcapital gain distributions) on your tax return.If you do, your child will not have to file areturn.

You can make this election for 1998 onlyif allthe following conditions are met.

1) Your child was under age 14 on January1, 1999.

2) Your child is required to file a return for1998 unless you make this election.

3) Your child had income only from interestand dividends (including capital gaindistributions and Alaska PermanentFund dividends).

4) The dividend and interest income wasless than $7,000.

5) No estimated tax payments were madefor 1998 and no 1997 overpayment wasapplied to 1998 under your child's nameand social security number.

6) No federal income tax was taken out ofyour child's income under the backupwithholding rules.

7) You are the parent whose return mustbe used when applying the special taxrules for children under 14. (See WhichParent's Return To Use, earlier.)

These conditions are also shown in Figure 1.

How to make the election. Make the election

by attaching Form 8814 to your Form 1040or Form 1040NR. Attach a separate Form8814 for each child for whom you make theelection. You can make the election for oneor more children and not for others.

If you file Form 8814, you cannot file Form1040A or Form 1040EZ.

Effect of Makingthe ElectionThe federal income tax on your child's incomemay be more if you make the Form 8814election rather than file a return for the child.

Rates may be higher. If you use Form8814, the child's income may be taxed at a

higher rate on your return than it would be onthe child's own return.Deductions you cannot take. By making

the Form 8814 election, you cannot take cer-tain deductions the child would be entitled toon his or her return, as explained next.

If you use Form 8814, you cannot take anyof the following deductions that could havebeen taken on your child's return:

1) A higher standard deduction if your childwas blind,

2) Deduction for penalty on early with-drawal of your child's savings, and

3) Itemized deductions (such as your child'sinvestment expenses or charitable con-

tributions).

Deductible investment interest. If youuse Form 8814, your child's investment in-come is considered your investment income.To figure the limit on your deductible invest-ment interest, add the investment income toyours. However, if your child received capitalgain distributions or Alaska Permanent Funddividends, see chapter 3 of Publication 550,Investment Income and Expenses, for infor-mation about how to figure the limit.

Alternative minimum tax. If your childreceived tax-exempt interest from a privateactivity bond, you must determine if that in-terest is a tax preference item for alternativeminimum tax (AMT) purposes. If it is, youmust include it with your own tax preference

items when figuring your AMT. For more in-formation, get the instructions for Form6251, Alternative Minimum TaxIndividuals.

Reduced deductions or credits. If youuse Form 8814, your increased adjustedgross income may reduce certain deductionsor credits on your return, including the fol-lowing:

1) Deduction for contributions to an indi-vidual retirement arrangement (IRA),

2) Itemized deductions for medical ex-penses, casualty and theft losses, andcertain miscellaneous expenses,

3) Total itemized deductions,

Page 6


7/20

4) Credit for child and dependent care ex-penses,

5) Personal exemptions, and

6) Earned income credit.

Penalty for underpayment of estimatedtax. If you make this election for 1998 anddid not have enough tax withheld or payenough estimated tax to cover the tax youowe, you may be subject to a penalty. If youplan to make this election for 1999, you may

need to increase your federal income taxwithholding or your estimated tax paymentsto avoid the penalty. Get Publication 505 formore information.

Figuring Child's IncomeUse Part Iof Form 8814 to figure your child'sinterest and dividend income to report on yourreturn. Only the amount over $1,400 is addedto your income. This amount is shown on line6 of Form 8814. Include this amount on line21 of Form 1040 or Form 1040NR. In thespace next to line 21, write Form 8814. Ifyou file more than one Form 8814, include thetotal amounts from line 6 of all your Forms8814 on line 21.

Capital gain distributions. Enter on line 3of Form 8814 any capital gain distributionsyour child received. Part of these distributionswill be taxed separately on the parent'sSchedule D (Form 1040).

Use the following worksheet to figurethe amount to report as capital gaindistributions on Schedule D and the

amount to report on Form 8814, line 6.

On the dotted line next to line 6, Form8814, write CGD and the amount from line7 of this worksheet. On the dotted line nextto line 13, Schedule D, write Form 8814 andthe amount from line 6 of this worksheet.

If any of the child's capital gain distribu-tions are reported as 28% rate gain, you mustdetermine how much to also include onSchedule D, line 13, column (g). Multiply thechild's capital gain distribution included online 13, column (f) by a fraction. The numer-ator is the part of the child's total capital gaindistribution that is 28% rate gain. The de-nominator is the child's total capital gain dis-tribution.

If any of the child's capital gain distribu-tions are reported as unrecaptured section1250 gain, you must determine how much toinclude on Schedule D, line 25. Multiply thechild's capital gain distribution included online 13, column (f) by a fraction. The numer-ator is the part of the child's total capital gaindistribution that is unrecaptured section 1250gain. The denominator is the child's totalcapital gain distribution.

Figure 1. Can You Include Your Childs Income On Your TaxReturn?

Start Here

Was your child under age 14 onJanuary 1, 1999?

No

Yes

Is your child required to file a tax return in

1998 if you dont make this election?

Yes

Was the childs only income interest anddividends (including capital gainsdistributions)?

Yes

Was the childs income less than$7,000?

Yes

Did the child make any estimated taxpayments for 1998?

No

Did the child have an overpayment of taxon his or her 1997 return applied to the1998 estimated tax?

No

Was any federal income tax withheld fromthe childs income (backup withholding)?

No

Are you the parent whose return must beused?*

Yes

You can include your childs income onyour tax return by completing Form 8814and attaching it to your return. If you do,

your child is not required to file a return.

No

No

No

Yes

Yes

Yes

No

You cannot includeyour childs income

on your return.

*See Which Parents Return to Use

Worksheet(Keep for your records)

1. Enter amount from Form 8814, line 3 ..2. Enter amount from Form 8814, line 4 ..3. Divide line 1 by line 2 ...........................

4. Base amount ......................................... 1,4005. Subtract line 4 from line 2 .....................6. Multiply line 5 by the decimal on line 3.

Enter the result here and on ScheduleD, line 13, column (f) .. .................. ........

7. Subtract line 6 from line 5. Enter theresult here and on Form 8814, line 6 ...

Example. Fred is 6 years old. In 1998,he received dividend income of $1,600, whichincluded a $320 capital gain distribution froma mutual fund. (None of the distributions werereported as 28% gain.) He has no other in-come and is not subject to backup withhold-ing. No estimated tax payments were madeunder his name and social security number.

Fred's parents elect to include Fred's in-come on their tax return instead of filing areturn for him. They enter $1,280 on line 2and $320 on line 3, Form 8814.

$200 of Fred's income must be includedas income on his parents' tax return ($1,600gross income minus $1,400). They figure theamount to report on line 13, Schedule D andthe amount to report on line 6, Form 8814,as follows:

Page 7


8/20

Fred's parents enter $160 on line 6 of Form8814 and write CGD$40 on the dotted line

next to line 6. They include the $160 on line21 of their Form 1040 and write Form8814$160 on the dotted line next to thetotal. On Schedule D they include $40 on line13, column (f) and write Form 8814$40 onthe dotted line next to this line. They do notinclude any part of the $40 in column (g) be-cause none of the distribution was reportedas 28% rate gain.

Figuring Additional TaxUse Part IIof Form 8814 to figure the tax onyour child's interest and dividends you do notinclude in your income. This tax is added tothe tax figured on your income.

This additional tax is the smallerof:

1) 15% (your child's gross income $700), or

2) $105.00.

Include the amount from line 9 of all yourForms 8814 in the total on line 40, Form1040, or line 39, Form 1040NR. Check boxa on Form 1040, line 40, or Form 1040NR,line 39.

Illustrated ExampleDavid and Linda Parks are married and will

file separate tax returns for 1998. Their onlychild, Philip, is 8. Philip received a Form1099-INT showing $3,200 taxable interest in-come and a Form 1099-DIV showing $300ordinary dividends. His parents decide to in-clude that income on one of their returns sothey will not have to file a return for Philip.

First, David and Linda each figure theirtaxable income (Form 1040, line 39) withoutregard to Philip's income. David's taxable in-come is $41,700 and Linda's is $59,300. Be-cause her taxable income is greater, Lindacan elect to include Philip's income on herreturn.

On Form 8814, Linda enters her nameand social security number, then Philip'sname and social security number. She entersPhilip's taxable interest income, $3,200, online 1a. Philip had no tax-exempt interest in-come, so she leaves line 1b blank. Linda en-ters Philip's ordinary dividends, $300, on line2. Philip did not have any capital gain distri-butions, so she leaves line 3 blank.

Linda adds lines 1a and 2 and enters theresult, $3,500, on line 4. From that amountshe subtracts the $1,400 base amount shownon line 5 and enters the result, $2,100, on line6. This is the part of Philip's income that Lindamust add to her income.

Linda includes the $2,100 in the total online 21 of her Form 1040 and in the spacenext to that line writes Form 8814$2,100.Adding that amount to her income increaseseach of the amounts on lines 22, 33, 34, 37,

Fi lled-in Worksheet for Fred and 39 of her Form 1040 by $2,100. Linda isnot claiming any deductions or credits that areaffected by the increase to her income.Therefore, her revised taxable income on line39 is $61,400 ($59,300 + $2,100).

On Form 8814, Linda subtracts the $700shown on line 7 from the $3,500 on line 4 andenters the result, $2,800, on line 8. Becausethat amount is not less than $700, she enters$105 on line 9. This is the tax on the first$1,400 of Philip's income, which Linda did nothave to add to her income. She must add thisadditional tax to the tax figured on her revisedtaxable income.

The tax on her $61,400 revised taxableincome is $14,755. She adds $105, enters the$14,860 total on line 40 of Form 1040, andchecks box a.

Linda attaches Form 8814 to her Form1040.

Tax for Children UnderAge 14 Who HaveInvestment Income of

More Than $1,400Part of a child's 1998 investment income maybe subject to tax at the parent's tax rate if:

1) The child was under age 14 on January1, 1999,

2) The child's investment income was morethan $1,400, and

3) The child is required to file a tax returnfor 1998.

Figure 2illustrates these requirements.If you do not or cannot choose to include

the child's income on your return, figure thechild's tax on Form 8615. Attach the form tothe child's Form 1040, Form 1040A, or Form

1040NR.On Form 8615, enter your name and so-

cial security number and your child's nameand social security number in the spacesprovided. (If you filed a joint return, enter thename and social security number listed firston the joint return.) Check the box for yourfiling status. Then figure the child's tax onForm 8615 in these steps.

1. Figure the child's net investment income.

2. Figure a tentative tax on the net investmentincome based on the parent's tax rate.

3. Figure the child's tax.

Parent's ReturnSee Which Parent's Return To Use, earlier,for a discussion of which parent's return in-formation must be used on Form 8615.

Different tax years. If you and the child donot have the same tax year, complete Form8615 using the information on your return forthe tax year that ends in the child's tax year.

Example. Kimberly must use her moth-er's tax and taxable income to complete herForm 8615 for calendar year 1998 (January1 December 31). Kimberly's mother files her

tax return on a fiscal year basis (July 1 June30). Kimberly must use the information on hermother's return for the tax year ending June30, 1998, to complete her 1998 Form 8615.

Estimated information. If the informationneeded from your return is not known by thetime 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 lastyear's return. If you use an estimated amount

on Form 8615, write Estimated on the linenext to the amount.

When you get the correct information, filean amended return on Form 1040X,Amended U.S. Individual Income TaxReturn.

Extension of time to file. Instead of usingestimates, you may be able to get an auto-matic 4-month extension of time to file. To getthe extension, you must file Form 4868, Ap-plication for Automatic Extension of Time ToFile U.S. Individual Income Tax Return.

Calendar year taxpayers must file Form4868 by April 15, 1999. If you file for an ex-tension, you must file the child's return byAugust 16, 1999.

An extension of time to file is not an ex-tension of time to pay. You must make anaccurate estimate of the tax for 1998. If youcannot pay the full amount due with Form4868, you can still get the extension. You willowe interest on the unpaid amount. See Form4868 and its instructions.

Parent's return information not available.If a child cannot get the required informationabout his or her parent's tax return, the child(or the child's legal representative) can re-quest the necessary information from theInternal Revenue Service.

How to request. A signed, written re-quest for the information must be sent to the

Internal Revenue Service Center where theparent's return will be filed. The request mustcontain allof the following.

1) A statement that you are making the re-quest to comply with section 1(g) of theInternal Revenue Code and that youhave tried to get the information from theparent.

2) Proof the child is under 14 years of age(for example, a copy of the child's birthcertificate).

3) Evidence the child has more than $1,400of unearned income (for example, a copyof the child's prior year tax return orcopies of Forms 1099 for the currentyear).

4) The name, address, social securitynumber (if known), and filing status (ifknown) of the parent whose informationis to be shown on Form 8615.

A child's legal representative making therequest should include a copy of his or herPower of Attorney, such as Form 2848, orproof of legal guardianship.

The IRS cannot process the request be-fore the end of the tax year. In fact, youshould also consider getting an extension oftime to file the child's return, because theremay be a delay in getting the information.

1. Enter amount from Form 8814, line 3 .. $3202. Enter amount from Form 8814, line 4 .. $1,6003. Divide line 1 by line 2 ........................... .204. Base amount ......................................... 1,4005. Subtract line 4 from line 2 ..................... $2006. Multiply line 5 by the decimal on line 3.

Enter the result here and on ScheduleD, line 13, column (f) ............................ $40

7. Subtract line 6 from line 5. Enter theresult here and on Form 8814, line 6 ... $160

Page 8


9/20

Linda Parks

Philip Parks

1 1 1 0 0

0 0 0 0 0 0 0 0 0

1 1 1 1

3,200

30 0

3,500

2,10 0

2,800

10 5 0 0

OMB No. 1545-1128Parents Election To ReportChilds Interest and Dividends

Form 8814 See instructions below and on back.

Department of the TreasuryInternal Revenue Service

AttachmentSequence No. 40 Attach to parents Form 1040 or Form 1040NR.

How To Make the Election. To make theelection, complete and attach Form(s) 8814to your tax return and file your return bythe due date (including extensions). Aseparate Form 8814 must be filed for eachchild whose income you choose to report.

Had no estimated tax payments for 1998(including any overpayment of tax from hisor her 1997 return applied to 1998estimated tax).

General InstructionsPurpose of Form. Use this form if youelect to report your childs income on yourreturn. If you do, your child will not have tofile a return. You can make this election if

your child meets all of the followingconditions:

Had no Federal income tax withheldfrom his or her income.

Was under age 14 on January 1, 1999.

You must also qualify. See Parents WhoQualify To Make the Election below.

Had income only from interest anddividends, including Alaska PermanentFund dividends.

Had gross income for 1998 that was lessthan $7,000.

Your social security numberName(s) shown on your return

Childs social security numberChilds name (first, initial, and last)

If more than one Form 8814 is attached, check here

Childs Interest and Dividends To Report on Your Return

Enter your childs taxable interest. If this amount is different from the amounts shown on thechilds Forms 1099-INT and 1099-OID, see the instructions

1a1a

b Enter your childs tax-exempt interest. DO NOT include thisamount on line 1a 1b

2 Enter your childs ordinary dividends, including any Alaska Permanent Fund dividends. If yourchild received any ordinary dividends as a nominee, see the instructions

Enter your childs capital gain distributions. If your child received any capital gain distributions

as a nominee, see the instructionsAdd lines 1a, 2, and 3. If the total is $1,400 or less, skip lines 5 and 6 and go to line 7. If thetotal is $7,000 or more, do not file this form. Your child must file his or her own return to reportthe income

3

1 ,400 00

4

Base amount

4

5

Subtract line 5 from line 4. If you checked the box on line C above or if you entered an amounton line 3, see the instructions. Also, include this amount in the total on Form 1040, line 21, orForm 1040NR, line 21. In the space next to line 21, enter Form 8814 and show the amount.Go to line 7 below 6

Tax on the First $1,400 of Childs Interest and Dividends

700 00Amount not taxed

9

77

Subtract line 7 from line 4. If the result is zero or less, enter -0-

No. Enter $105 here and see the Note below.

Tax. Is the amount on line 8 less than $700?

8 8

Yes. Multiply line 8 by 15% (.15). Enter the result here and see the Note below.

Note: If you checked the box on line C above, see the instructions. Otherwise, include the amount from line 9 in the tax you enteron Form 1040, line 40, or Form 1040NR, line 39. Be sure to check box aon Form 1040, line 40, or Form 1040NR, line 39.

For Paperwork Reduction Act Notice, see back of form. Form 8814 (1998)Cat. No. 10750J

A B

C

Is required to file a 1998 return.

(99)

1998

3

6

2

5

Part I

Part II

9

Parents Who Qualify To Make theElection. You qualify to make this electionif you file Form 1040 or Form 1040NR andany of the following apply:

You are filing a joint return for 1998 withthe childs other parent.

You were unmarried, treated as

unmarried for Federal income taxpurposes, or separated from the childsother parent by a divorce or separatemaintenance decree. You must have hadcustody of your child for most of the year(you were the custodial parent). If you werethe custodial parent and you remarried,you may make the election on a jointreturn with your new spouse. But if youand your new spouse do not file a jointreturn, you qualify to make the electiononly if you had higher taxable income thanyour new spouse.

Caution: The Federal income tax on your childs income, including capital gain distributions, may be less if you file a separate taxreturn for the child instead of making this election. This is because you cannot take certain tax benefits that your child would beentitled to on his or her own return. For details, seeTax Benefits You May Not Takeon the back.

You and the childs other parent weremarried to each other but file separate

returns for 1998 AND you had the highertaxable income. If you do not know if youhad the higher taxable income, see Pub.929, Tax Rules for Children andDependents.

(continued)

Page 9


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Part I. FiguringNet Investment IncomeThe first step in figuring a child's tax usingForm 8615 is to figure the child's net invest-ment income. To do that, use Part I of Form8615. For an example, see the Illustrated PartI of Form 8615.

Line 1 (investment income). If the child hadno earned income, enter the adjusted gross

income shown on the child's return. Adjustedgross income is shown on line 33 of Form1040; line 18 of Form 1040A; or line 33 ofForm 1040NR. Form 1040EZ cannot be usedif Form 8615 must be filed.

If the child had earned income, figure theamount to enter on line 1 of Form 8615 byusing the worksheet in the instructions for theform.

However, use the following worksheetif the child has excluded any foreignearned income or deducted a loss

from self-employment or a net operating lossfrom another year.

Investment income defined. Invest-ment income is generally all income otherthan salaries, wages, and other amounts re-ceived as pay for work actually done. It in-cludes taxable interest, dividends, capitalgains, the taxable part of social security andpension payments, and certain distributionsfrom trusts. Investment income includesamounts produced by assets the child ob-tained with earned income (such as intereston a savings account into which the childdeposited wages).

Nontaxable income. For this purpose,investment income includes only amounts thechild must include in total income. Nontaxableinvestment income, such as tax-exempt in-terest and the nontaxable part of social se-curity and pension payments, is not included.

Capital loss. A child's capital losses aretaken into account in figuring the child's in-vestment income. Capital losses are first ap-plied against capital gains. If the capitallosses are more than the capital gains, thedifference (up to $3,000) is subtracted fromthe child's interest, dividends (including capi-tal gain distributions), and other investmentincome. Any difference over $3,000 is carriedto the next year.

Income from property received as agift. A child's investment income includes allincome produced by property belonging to thechild. This is true even if the property wastransferred to the child, regardless of whenthe property was transferred or purchased orwho transferred it.

A child's investment income includes in-come produced by property given as a gift tothe child. This includes gifts to the child fromgrandparents or any other person and giftsmade under the Uniform Gift to Minors Act.

Example. Amanda Black, 13, receivedthe 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 byher grandparents. Amanda's investment in-come is $1,900. This is the total of the divi-dends ($600), taxable interest ($1,200), and

capital gains reduced by capital losses ($300 $200 = $100). Her wages are earned (notinvestment) income because they are re-ceived for work actually done. Her tax-exemptinterest is not included because it is nontax-able.

Trust income. If a child is the beneficiaryof a trust, distributions of taxable interest,dividends, capital gains, and other investment

income from the trust are investment incometo the child.

Adjustment to income. In figuring theamount to enter on line 1, the child's invest-ment income is reduced by any penalty on theearly withdrawal of savings.

Line 2 (deductions). If the child does notitemize deductions on Schedule A (Form1040 or Form 1040NR), enter $1,400 on line2.

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

1) $700 plus the child's itemized deductionson Schedule A (Form 1040 or Form1040NR) that are directly connected withthe production of the investment income,or

2) $1,400.

Directly connected. Itemized deductionsare directly connected with the production ofinvestment income if they are for expensespaid to produce or collect taxable income orto manage, conserve, or maintain propertyheld for producing income. These expenses

include custodian fees and service charges,service fees to collect taxable interest anddividends, and certain investment counselfees.

These expenses are added to certainother miscellaneous deductions on ScheduleA (Form 1040). Only the amount greater than2% of the child's adjusted gross income canbe deducted. See Publication 529, Miscella-neous Deductions, for more information.

Alternate Worksheet for Line 1 of Form 8615

A. Enter the amount from the child's Form1040, line 22 or Form 1040NR, line 23

B. Enter the total of any net loss fromself-employment, any net operatingloss deduction, any foreign earned in-come exclusion, and any foreign hous-ing exclusion from the child's Form1040 or Form 1040NR .........................

C. Add line A and line B and enter thetotal. Treat the amount on line B aspositive (greater than zero) ..................

Figure 2. Do You Have To Use Form 8615 To Figure YourChilds Tax?

Was your child under age 14 on January 1, 1999?

Is your child required to file a tax return for 1998?

Was the childs investment income more than $1,400?

Use Form 8615 to figure your childs tax. Attach it toyour childs return.

Note:If you (or your childs other parent)* choose to reportyour childs income by filing Form 8814, the child is notrequired to file a tax return. Do not use Form 8615. (SeeParents Election To Report Childs Interest and Dividends.)

Start Here

*See Which Parents Return To Use

Yes

Yes

Yes

No

No

No

Do not useForm 8615 tofigure yourchilds tax.

D. Enter the child's earned income plusany deduction the child claims on line30 of Form 1040 or Form 1040NR.Generally, the child's earned income isthe total of the amounts reported onForm 1040, lines 7, 12, and 18 (if line12 or 18 is a loss, use zero) or Form1040NR, lines 8, 13, and 19 (if line 13

or 19 is a loss, use zero) ................ .....

E. Subtract line D from line C. Enter theresult here and on Form 8615, line 1 ..

Page 10


11/20

Proo

faso

f

October

20,199

8

(subje

ct toch

ange)

Illustrated Part I of Form 8615

Carlas total income on Form 1040A, line 14,is $5,000. This total includes wages (earnedincome) of $600 reported on line 7. She hasno itemized deductions. Carlas taxableincome on Form 1040A, line 24, is $4,150.Because Carla has earned income, theworksheet in the instructions is used tofigure the amount on line 1 of Form 8615.

Carlas filled-in worksheet and Part I ofher Form 8615, with lines 1 through 5 filled

in, are shown here.Carlas total income of $5,000 (as shown

on line 14 of her Form 1040A) is entered on

line 1 of the worksheet. Her earned incomeof $600 (her wages as shown on line 7 ofher Form 1040A) is entered on line 2 of theworksheet. Line 3 is the result of subtract ing$600 from $5,000.

The amount from line 3 of the worksheetis entered on line 1 of Form 8615. Carla didnot itemize deduct ions, so $1,400 is enteredon line 2. Line 3 of Form 8615 is the resultof subtracting $1,400 from $4,400. Carlas

taxable income of $4,150 (as shown on line24 of her Form 1040A) is entered on line 4of Form 8615. The smaller of $3,000 or$4,150 is entered on line 5. This is her netinvestment income.

Worksheet (keep for your records)

1.

2.

3.

5,000

4,400

6 0 0

4,400

1,40 0

3,000

4,1503,000

1 1 1 1

4 5 6 7

0 01 1 1

0 01 2 3

Carla C. Rose

George B. Rose

Enter the amount from thechilds Form 1040, line 22;Form 1040A, line 14; or Form1040NR, line 23, whicheverappliesEnter the childs earned incomeplus any deduction the childclaims on Form 1040, line 30,or Form 1040NR, line 30,

whichever appliesSubtract the amount on line 2from the amount on line 1.Enter the result here and onForm 8615, line 1

OMB No. 1545-0998Tax for Children Under Age 14Who Have Investment Income of More Than $1,400Form 8615

Department of the TreasuryInternal Revenue Service

AttachmentSequence No. 33 Attach ONLY to the childs Form 1040, Form 1040A, or Form 1040NR.

Childs social security numberChilds name shown on return

Parents social security numberParents name (first, initial, and last). Caution: See instructions on back before completing.

Parents filing status (check one):

Childs Net Investment Income

Enter the childs investment income, such as taxable interest and dividends. See instructions. Ifthis amount is $1,400 or less, stop; do not file this form

11

If the child did not itemize deductions on Schedule A (Form 1040 or Form 1040NR), enter$1,400. If the child did itemize deductions, see instructions

22

Subtract line 2 from line 1. If the result is zero or less, stop; do not complete the rest of thisform but do attach it to the childs return

33

4

Enter the childs taxable income from Form 1040, line 39; Form 1040A, line 24; or Form 1040NR,line 38

4

Enter the smaller of line 3 or line 4 5 5

A B

C

Single

Part I

(99)

1998

Married f iling jo int ly Married f iling separately Head o f househo ld Qualifying w idow(er)

Example 1. Roger, 12, has investmentincome of $8,000, no other income, no ad-

justments to income, and itemized deductionsof $300 that are directly connected with hisinvestment income. His adjusted gross in-come 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-connecteditemized deductions of $300.

Example 2. Eleanor, 8, has investmentincome of $16,000 and an early withdrawalpenalty of $100. She has no other income.She has itemized deductions of $1,050 thatare directly connected with the production ofher investment income. Her adjusted grossincome, entered on line 1, is $15,900($16,000 $100). Line 2 is $1,750. This isthe larger of:

1) $700 plus the $1,050 of directly con-nected itemized deductions, or

2) $1,400.

Eleanor's net investment income is $14,150($15,900 $1,750).

Line 3. If line 2 equals or is more than line1, do not complete the rest of the form.However, you must still attach Form 8615 tothe child's tax return. Figure the tax on thechild's taxable income in the normal manner.

Line 4 (child's taxable income). Enter online 4 the child's taxable income from Form1040, line 39; Form 1040A, line 24; or Form1040NR, line 38.

Line 5 (net investment income). A child'snet investment income cannot be more thanhis or her taxable income. Enter on line 5 the

smaller of line 3 or line 4 of Form 8615. Thisis the child's net investment income.

Part II. FiguringTentative Tax

At Parent's Tax RateThe next step in completing Form 8615 is tofigure a tentative tax on the child's net in-vestment income at the parent's tax rate. Thetentative tax is the difference between the taxon the parent's taxable income figured withthe child's net investment income and the taxfigured without it.

Figure the tentative tax on lines 6 through13. For an example, see Illustrated Part II ofForm 8615.

When figuring the tentative tax, do not re-figure any of the exclusions, deductions, orcredits on the parent's return because of thechild's net investment income. For example,do not refigure the medical expense de-duction.

Line 6 (parent's taxable income). Enter online 6 the amount from the parent's Form1040, line 39; Form 1040A, line 24; Form1040EZ, line 6; TeleFile Tax Record, line J;Form 1040NR, line 38; or Form 1040NREZ,line 14. If the parent's taxable income is lessthan zero, enter zero on line 6.

Line 7 (net investment income of otherchildren). If the tax return information of theparent is also used on any other child's Form8615, enter on line 7 the total amounts fromline 5 of all the other children's Forms 8615.Do not include the amount from line 5 of theForm 8615 being completed.

Example. Paul and Jane Persimmonhave three children, Sharon, Jerry, and Mike,who must attach Form 8615 to their tax re-turns. The children's net investment incomeamounts on line 5 of their Forms 8615 are:

Sharon $800

Jerry $600

Mike $1,000

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

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

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

Other children's information not avail-able. If the net investment income of theother children is not available when the returnis due, either file the return using estimatesor get an extension of time to file. Estimates

and extensions are discussed earlier underParent's Return.

Line 8. The method you will use to figure thetax entered on line 9 depends on whetherthere is any net capital gain included in thetotal on line 8. If there is net capital gain online 5, 6, or 7, then there is also net capitalgain on line 8.

Net capital gain is the excess of net long-term capital gain over net short-term capitalloss. For 1998, this is the smaller of the gainon line 16 or the gain on line 17 of ScheduleD(Form 1040).

Use the following discussions to find theamounts of net capital gain on lines 5, 6, and

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Illustrated Part II of Form 8615

Randy and his sister must each file Form8615. Their parents joint return informationis used on the Forms 8615 of both children.The net investment income on line 5 ofRandys Form 8615 is $2,280. His sistersnet investment income is $1,520. Randysparents taxable income is $30,570. Theirtax, from the Tax Table, is $4,586.

Part II of Randys Form 8615, with lines 6through 13 filled in, is shown here.

Randys parents taxable income of$30,570 (from line 39 of Form 1040) isentered on line 6 of Form 8615.

Randys sisters net investment income of$1,520 (from line 5 of her Form 8615) isentered on line 7 of Randys Form 8615. Theamounts on line 5 ($2,280), line 6 ($30,570),and line 7 ($1,520) are added and the totalof $34,370 is entered on line 8.

The tax on $34,370 is found in the TaxTable using the parents joint filing status.The tax, $5,156, is entered on line 9.Randys parents tax of $4,586 (from line 40

of Form 1040) is entered on line 10 and issubtracted from the amount on line 9. Thedifference, $570, is entered on line 11.

The amount on line 5 ($2,280) is dividedby the amount on line 12a ($3,800) and theresult, .60, is entered on line 12b.

Randys net investment income on line 5($2,280) is added to his sisters netinvestment income on line 7 ($1,520) andthe total, $3,800, is entered on line 12a.

The amount on line 11 ($570) is multipliedby the amount on line 12b (.60) and theresult, $342, is entered on line 13. This is

Randys tentative tax based on his parentstax rate.

30,570

1,520

34,370

5,156

4,586

570

3426 0

3,800

Tentative Tax Based on the Tax Rate of the Parent Listed on Line A

Enter the parents taxable income from Form 1040, line 39; Form 1040A, line 24; Form 1040EZ,line 6; TeleFile Tax Record, line J; Form 1040NR, line 38; or Form 1040NR-EZ, line 14. If lessthan zero, enter -0-

6

6

Enter the total net investment income, if any, from Forms 8615, line 5, of all other children ofthe parent identified above. Do not include the amount from line 5 above

77

8Add lines 5, 6, and 78

9Enter the tax on line 8 based on the parents filing status. See instructions. If Schedule Dor J (Form 1040) is used to figure the tax, check here

9

10 Enter the parents tax from Form 1040, line 40; Form 1040A, line 25; Form 1040EZ, line 10;TeleFile Tax Record, line J; Form 1040NR, line 39; or Form 1040NR-EZ, line 15. If any tax is from

Form 4972, see instructions. If Schedule D or J (Form 1040) is used to figure the tax,check here 10

Subtract line 10 from line 9 and enter the result. If line 7 is blank, enter on line 13 the amountfrom line 11 and go to Part III

1111

12aAdd lines 5 and 712a12b .Divide line 5 by line 12a. Enter the result as a decimal (rounded to three places)b

Multiply line 11 by line 12b 13 13

Part II

7 included on line 8. You will need theseamounts to figure the tax to enter on line 9.

Net capital gain on line 5. Use one ofthe Line 5 Worksheetsbelow to figure the netcapital gain from line 5 included on line 8.

Use the following worksheet to figurethe net capital gain included on line5 of the child's Form 8615 if that line

is the same as line 3 and line 2 is $1,400.

Use the following worksheet only ifline 5 of the child's Form 8615 is thesame as line 3 and line 2 is morethan

$1,400.

Use the following worksheet only ifline 5 of the child's Form 8615 is lessthan line 3.

Net capital gain on line 6. If net capitalgain is included on line 6 of Form 8615, thenet capital gain from that line included on line8 is the smaller of the gain on line 16 or line17 of the parent's Schedule D.

Do not attach the parent's Schedule D tothe child's return.

Net capital gain on line 7. If net capitalgain is included on line 7 of Form 8615, thenet capital gain from that line included on line8 must be figured by using a Line 5 Work-sheet, explained earlier. Since the amount online 7 is the total of the net investment incomeof the parent's other children who must fileForm 8615, you will have to fill out a Line 5Worksheetfor each of those children who has

D. If the child can claim his or her own ex-emption, enter $2,700*. Otherwise, enterzero ..........................................................

Line 5 Worksheet #2

A. Enter the child's net capital gain ..............E. If the child itemized deductions, enter the

child's itemized deductions notdirectlyconnected with the production of thechild's net capital gain. Otherwise, enterthe child's standard deduction .................

B. Enter the child's itemized deductions di-rectly connected with the production of thechild's net capital gain ..............................

C. Subtract line B from line A .......................

D. Enter the amount from line 1 of the child'sForm 8615 ................................................

F. Add lines D and E ....................................

G. Enter the child's adjusted gross income(line 33 of the child's Form 1040) ............E. Divide line A by line D (but do not enter

more than 1) .............................................H. Divide line A by line G (but do not enter

more than 1) .............................................Line 5 Worksheet #1 F. Multiply $700 by line E .............................

G. Subtract line F from line C. Enter the resulthere (but do not enter more than theamount on line 5 of Form 8615). This isthe net capital gain included on line 5. ....

I. Multiply line F by line H ............................A. Enter the child's net capital gain ..............

J. Subtract line I from line C. Enter the resulthere (but do not enter more than theamount on line 5 of Form 8615). This isthe net capital gain included on line 5. ....

B. Enter the amount from line 1 of the child'sForm 8615 ................................................

C. Divide line A by line B (but do not entermore than 1) .............................................

* If you enter more than $124,500 on line G, seeDeduction for Exemptions WorksheetLine 38 inthe Form 1040 instructions for the amount to enteron line D.

D. Multiply $1,400 by the result on line C .....

E. Subtract line D from line A. Enter the resulthere (but do not enter more than theamount on line 5 of Form 8615). This is thenet capital gain included on line 5 . .........

Line 5 Worksheet #3

A. Enter the child's net capital gain ..............

B. If the child itemized deductions, enter thechild's itemized deductions directly con-nected with the production of the child'snet capital gain .........................................

C. Subtract line B from line A .......................

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a net capital gain on line 5 of his or her ownForm 8615.

Do not attach a copy of any of the otherchildren's Form 8615 to this child's return.

Net capital gain on line 8. The net cap-ital gain included on line 8 is the sum of thenet capital gains figured on lines 5, 6, and 7.

Line 9 (tax on parent's taxable income pluschildren's net investment income). Figurethe tax on line 9 in one of the following ways.

If net capital gain is notincluded in thetotal on line 8, and line 8 is less than$100,000, use the Tax Table to figure thetax on line 9. If line 8 is $100,000 or more,use the Tax Rate Schedules.

If net capital gain isincluded in the totalon line 8, complete the Line 9 ScheduleD Worksheet.

If Schedule J (Form 1040) is used to fig-ure the parent's tax, complete the Line 9Schedule J Worksheet.

Completing Line 9 Schedule D Work-sheet. Use Part IV of another Schedule Das a worksheet to figure the tax to enter on

line 9 of Form 8615. For purposes of thisworksheet, use information from the parentand all the parent's children for whom Form8615 is filed, but only for those showing netcapital gain (excess of net long-term capitalgain over net short-term capital loss). AllSchedules D, Part IV, must be filled out be-fore using this worksheet.

Complete this worksheet as follows:

1) On line 19 of Schedule D (worksheet),enter the amount from line 8 of Form8615.

2) On line 20 of Schedule D (worksheet),enter the net capital gain included on line8 of Form 8615.

3) Add the amounts from lines 21 of eachSchedule D (actual). Enter the total online 21 of Schedule D (worksheet).

4) On line 22 of Schedule D (worksheet),subtract line 21 from line 20.

5) Leave line 23 of Schedule D (worksheet)blank.

6) On line 24 of Schedule D (worksheet),add the following amounts:

a) (The child's net capital gain frombottom line of line 5 worksheet The child's total net capital gainfrom line A of line 5 worksheet) The child's line 24, Schedule D(actual).

b) (Each other child's net capital gainfrom bottom line of line 5 worksheet That child's total net capital gainfrom line A of line 5 worksheet) That child's line 24, Schedule D.

c) The parent's line 24, Schedule D.

7) On line 25 of Schedule D (worksheet),add the following amounts:

a) (The child's net capital gain frombottom line of line 5 worksheet The child's total net capital gainfrom line A of line 5 worksheet) The child's line 25, Schedule D(actual).

b) (Each other child's net capital gainfrom bottom line of line 5 worksheet That child's total net capital gainfrom line A of line 5 worksheet) That child's line 25, Schedule D.

c) The parent's line 25, Schedule D.

8) Complete lines 26 through 54 of Sched-ule D (worksheet). Enter the amountfrom line 54 of Schedule D (worksheet)on line 9 of Form 8615 and check thebox.

Do not attach this worksheet to the child'sreturn.

Completing Line 9 Schedule J Work-sheet. If Schedule J is used to figure theparent's tax on Form 1040, use anotherSchedule J as a worksheet to figure the taxto enter on line 9 of Form 8615. For purposesof this worksheet, use information from theparent's Schedule J.


1) On line 1 of Schedule J (worksheet),enter the amount from line 8 of Form8615.

2) On line 2 of Schedule J (worksheet),enter the amount from the parent's

Schedule J, line 2.3) Complete lines 3 and 4 of Schedule J

(worksheet).

4) On lines 516 of Schedule J (work-sheet), enter the amounts from the par-ent's Schedule J, lines 516.

5) Complete line 17 of Schedule J (work-sheet).

6) On lines 1821 of Schedule J (work-sheet), enter the amounts from the par-ent's Schedule J, lines 1821.

7) Complete line 22 of Schedule J (work-sheet). If the amount on this line is lessthan the tax figured from the Tax Table,

Tax Rate Schedules, or Schedule D,enter this amount on line 9 of Form8615.


Line 10 (parent's tax). Enter on line 10 theamount from the parent's Form 1040, line 40;Form 1040A, line 25; Form 1040EZ, line 10;TeleFile Tax Record, line J; Form 1040NR,line 39; or Form 1040NREZ, line 15.

Lines 12a and 12b (dividing the tentativetax). If line 7 is blank, skip lines 12a and 12band 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 thechildren according to each child's share of thetotal net investment income. This is done onlines 12a, 12b, and 13. Add the amount online 7 to the amount on line 5 and enter thetotal on line 12a. Divide the amount on line 5by the amount on line 12a and enter the re-sult, as a decimal, on line 12b.

Example. In the earlier example underLine 7 (net investment income of other chil-dren), Sharon's Form 8615 shows $1,600 online 7. The amount entered on line 12a is$2,400, the total of the amounts on lines 5and 7 ($800 + $1,600). The decimal on line12b is .333, figured as follows and roundedto three places.

$800$2,400

.333=

Line 13 (child's share of tentative tax). Ifan amount is entered on line 7, multiply line11 by the decimal on line 12b and enter theresult on line 13. If line 7 is blank, enter theamount from line 11 on line 13.

Line 13 is the child's share of the tentativetax.

Part III. Figuringthe Child's TaxThe final step in figuring a child's tax usingForm 8615 is to determine the largerof:

1) The total of:

a) The child's share of the tentative taxbased on the parent's tax rate, plus

b) The tax on the child's taxable in-come in excess of net investmentincome, figured at the child's taxrate, or

2) The tax on the child's taxable income,figured at the child's rate.

This is the child's tax. It is figured on lines 14through 18 of Form 8615. For an example,see Illustrated Part III of Form 8615.

Line 14 (child's taxable income in excessof net investment income). Subtract line 5from line 4 and enter the difference on line14. If lines 4 and 5 are the same, enter zeroon line 15 and enter the amount from line 13on line 16.

Line 15 (tax on excess of child's taxableincome over child's net investment in-come). Figure the tax on line 15 in one of thefollowing ways, depending on whether thereis any net capital gain included in the total on

line 14.No net capital gain on line 14. If netcapital gain is notincluded in the total on line14, and line 14 is less than $100,000, use theTax Table to figure the tax on line 15. If line14 is $100,000 or more, use the Tax RateSchedules.

Net capital gain on line 14. If net capitalgain is included in the total on line 14, youmust determine the amount of the net capitalgain included on line 14 to compute the taxon line 15. Figure that amount by using theLine 5 Worksheet used to figure net capitalgain included on line 5. Subtract the netcapital gain included on line 5 (the amounton the last line of the worksheet) from thechild's net capital gain (the amount on line Aof that worksheet). The result is the amountof net capital gain included on line 14 of thechild's Form 8615.

Once you have determined the amount ofnet capital gain on line 14, use Part IV ofanotherSchedule D as a worksheet to figurethe tax to enter on line 15 of Form 8615.


1) On line 19 of Schedule D (worksheet),enter the amount from line 14 of Form8615.



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) 15656 6

521

56 6

1,040

Illustrated Part III of Form 8615

Nancy must file Form 8615. Her taxableincome on line 4 of her Form 8615 is $3,465.Her net investment income on line 5 is$2,425. Her tentative tax on line 13 is $410.

Part III of Nancys Form 8615, with lines14 through 18 filled in, is shown here.

She enters $1,040 on line 14. This is foundby subtracting Nancys net investmentincome (line 5) from the taxable income onher return (line 4). The tax on this amountfrom the Tax Table is $156. She enters $156on line 15.

Nancy then adds the tentative tax fromline 13 ($410) to the tax on line 15 ($156)

and enters the total, $566, on line 16. Online 17 she enters $521, the tax from theTax Table on her taxable income (line 4). Online 18 she enters $566, the larger of lines16 and 17. This is the tax she will show onher tax return.

Childs TaxIf lines 4 and 5 above are the same, enter -0- on line 15 and go to line 16.

1414 Subtract line 5 from line 4

1515 Enter the tax on line 14 based on the childs filing status. See instructions. If Schedule D

or J (Form 1040) is used to figure the tax, check here

1616 Add lines 13 and 15

17

17 Enter the tax on line 4 based on the childs filing status. See instructions. If Schedule Dor J (Form 1040) is used to figure the tax, check here

18 Enter the larger of line 16 or line 17 here and on Form 1040, line 40; Form 1040A, line 25; orForm 1040NR, line 39 18

Part III

4) On line 22 of Schedule D (worksheet),enter the net capital gain included on line14 of Form 8615.


6) Subtract the amount figured in step 6a)under Completing Line 9 Schedule DWorksheetfrom the amount on thechild's line 24, Schedule D (actual). En-ter the result on line 24 of Schedule D(worksheet).

7) Subtract the amount figured in step 7a)under Completing Line 9 Schedule DWorksheetfrom the amount on thechild's line 25, Schedule D (actual).Enter the result on line 25 of ScheduleD (worksheet).

8) Complete lines 26 through 54 of Sched-ule D (worksheet). Enter the amountfrom line 54 of Schedule D (worksheet)on line 15 of Form 8615 and check thebox.


Line 16. Add lines 13 and 15 and enter thetotal on line 16. If lines 4 and 5 are the same,enter zero on line 15. Then enter the amountfrom line 13 on line 16.

Line 17 (tax at child's rate). Figure the taxon the child's taxable income entered on line4. Use the Tax Table for single status, TaxRate Schedule X, or the child's Schedule D(actual), whichever applies. Enter the amounton line 17. If it is from Schedule D, check thebox.

Attach this Schedule D to the child's re-turn.

Line 18 (tax). Enter on line 18 the larger ofline 16 or line 17. Also enter this amount onthe child's Form 1040, line 40; Form 1040A,

line 25; or Form 1040NR, line 39. This is thechild's tax.

Alternative Minimum TaxA child may be subject to alternative minimumtax (AMT) if he or she has certain items givenpreferential treatment under the tax law.These items include accelerated depreciationand certain tax-exempt interest income. TheAMT may apply if the child has passive ac-tivity losses or certain distributions from es-tates or trusts.

For more information on who is liable forAMT and how to figure it, get Form 6251,Alternative Minimum TaxIndividuals.

Limit on exemption amount. Ordinarily,single people can subtract a $33,750 ex-emption amount from their AMT taxable in-come. However, a child who files Form 8615has a limited exemption amount. The child'sexemption amount is limited to the child'searned income plus $5,000. Figure the child'sallowable exemption amount on the work-sheet in the instructions for line 22 of Form6251.

Illustrated ExampleThis example shows how to fill out Forms8615 and 1040A for Sara Brown.

John and Laura Brown have one child,Sara. She is 13 and has $2,750 taxable in-terest and dividend income and $1,500earned income. She does not itemize de-ductions. John and Laura file a joint returnwith John's name and social security numberlisted first. They claim three exemptions, in-cluding an exemption for Sara, on their return.

Because she is under age 14 and hasmore than $1,400 investment income, part ofher income may be subject to tax at her par-ents' rate. A completed Form 8615 must beattached to her return.

Sara's father, John, fills out Sara's return.

John enters his name and social securitynumber on Sara's Form 8615 because hisname and number are listed first on the jointreturn he and La

Documents

US Internal Revenue Service: p929--1998