What You Should Know about Children with Investment Income

Special tax rules may apply to some children who receive investment income. The rules may affect the amount of tax and how to report the income. Here are five important points to keep in mind if your child has investment income:

Investment Income. Investment income generally includes interest, dividends and capital gains. It also includes other unearned income, such as from a trust.
Parent’s Tax Rate. If your child’s total investment income is more than $2,100 then your tax rate may apply to part of that income instead of your child’s tax rate. See the instructions for Form 8615, Tax for Certain Children Who Have Unearned Income.
Parent’s Return. You may be able to include your child’s investment income on your tax return if it was less than $10,500 for the year. If you make this choice, then your child will not have to file his or her own return. See Form 8814, Parents’ Election to Report Child’s Interest and Dividends, for more.
Child’s Return. If your child’s investment income was $10,500 or more in 2015 then the child must file their own return. File Form 8615 with the child’s federal tax return.
Net Investment Income Tax. Your child may be subject to the Net Investment Income Tax if they must file Form 8615. Use Form 8960, Net Investment Income Tax, to figure this tax.

Refer to IRS Publication 929, Tax Rules for Children and Dependents. You can get related forms and publications on IRS.gov.

Each and every taxpayer has a set of fundamental rights they should be aware of when dealing with the IRS. These are your Taxpayer Bill of Rights. Explore your rights and our obligations to protect them on IRS.gov.

Additional IRS Resources:

Questions and Answers on the Net Investment Income Tax
Filing Your Taxes
IRS Tax Map

No Author Biography has been linked to this Article.

In re Crocker: New Approaches to Discharge Enforcement and Student Loan Dischargeability?

November 17, 2019

By Alexander E. Schmidt, Law Clerk to the Honorable John P. Gustafson (Toledo, OH) As any attorney with an eye for case law can tell you, circuit-level opinions that decide matters of first impression deserve extra attention from practitioners. Not only do these opinions oftentimes illuminate the dark corners of the law, they can also raise or provide answers to...

Members

Tribute to Barbara P. Foley, Esq.

Hon. Scott W. Dales

September 15, 2024

“ . . . Barb quickly put my concerns to rest . . . . She was respectful but firm, of course, and I could also detect a nurturing side. We talked about, of all things, my relationship with my mother (let's not go there!) and I foresaw that Barb would be making her mark on our district.” We will miss you, Barb!!!

Passing of Sitting Chief Judge

The Academy

December 3, 2023

District of Idaho Announces Passing of Chief Bankruptcy Judge Joseph M. Meier

Expectations for the 341 Meeting of Creditors

Martha G. Bronitsky

October 6, 2024

This week Trustee Bronitsky brings subscribers an excellent checklist on conducting 341’s – yes, we know, unless you are new to consumer bankruptcy practice you’ve been doing them for years but chances are you too need this reminder!!

Members

Critical Case Comment – Funds on Hand at Dismissal Go to Debtor. Not So Fast. 13 Trustee May Be Subject to State Court Proceedings

Henry E. Hildebrand, III

January 16, 2022

While a 13 trustee is partially insulated by the Barton doctrine from being dragged into state court, if a movant seeks authority from the Bankruptcy Court to pursue the trustee and satisfies the conditions of the Barton doctrine, the trustee may be subject to state court judicial proceedings. (Hall) In re Alexander Louis Bednar, 2021 WL 1625399 (Bankr. W.D. Okla....

Members

Re-Examining the Means Test Cost of Home Ownership

Cathy Moran

December 29, 2024

From June: Bankruptcy lawyers can better present non-mortgage homeownership expenses to reflect current economic realities on the means test. By advocating for realistic expense allowances, based on a percentage of the home’s purchase price, attorneys can ensure fairer assessments and more successful bankruptcy plans. Additionally, Trustees and Judges should look at Atty Moran’s analysis here – change will take the whole village.

Members

One Woman’s Opinion

December 13, 2020

By Margaret A. Burks, Chapter 13 Standing Trustee for the Southern District of Ohio (Cincinnati) Chapter 13 works. Some people wish to continually criticize Chapter 13. They criticize the success rate. They criticize racial bias. They criticize how Chapter 13 works. They also criticize the fact that Chapter 13 appears less voluntary than it was before access to Chapter 7...

Critical Case Comment– Absolute Right to Dismiss But Not the End of the Story

Henry E. Hildebrand, III

December 5, 2021

Although a Chapter 13 debtor has the absolute right to voluntarily dismiss her Chapter 13 case, even after a motion to convert is filed, the Court retains the rights to impose restrictions on the dismissal. (Waites) In re Brittany Frances Minogue, 2021 WL 4453589 (Bankr. D. S.C. September 29, 2021) Summary Brittany Minogue filed a voluntary petition under Chapter 13...

Members

LLC’s and Chapter 13

The NACTT Emeritus Trustees

August 25, 2024

As a follow up to No Gracie, LLCs May Not File Chapter 13, we posed some questions to the NACTT Emeritus Trustees group. We think you will find their answers interesting and thought provoking.

Members

From the Editor

September 20, 2020

By The Honorable William Houston Brown (Retired) Chapter 13 debtor lacked “person aggrieved” standing to appeal objection to trustee’s final report. The bankruptcy court had overruled the debtor’s objection to the trustee’s final report, and debtor’s appeal was dismissed, with the Bankruptcy Appellate Panel finding that debtor lacked “person aggrieved” standing to appeal. Debtor’s objection had not included amount of...

Members