Enlarge image | Userid: CPM Schema: instrx Leadpct: 100% Pt. size: 8.5 Draft Ok to Print AH XSL/XML Fileid: … ions/i8814/2023/a/xml/cycle06/source (Init. & Date) _______ Page 1 of 3 12:18 - 8-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Internal Revenue Service 2023 Instructions for Form 8814 Parents’ Election To Report Child’s Interest and Dividends Section references are to the Internal Revenue Code unless lived with you for most of the year (you were the custodial otherwise noted. parent). If you were the custodial parent and you remarried, you can make the election on a joint return with your new spouse. But if you and your new spouse don’t file a joint return, you Future Developments qualify to make the election only if you had higher taxable For the latest information about developments related to Form 8814 income than your new spouse. and its instructions, such as legislation enacted after they were See Which Parent's Return To Use below for more information published, go to IRS.gov/Form8814. about which parent’s return to use. Note. If you and the child’s other parent were not married but lived General Instructions together during the year with the child, you qualify to make the election only if you are the parent with the higher taxable income. Purpose of Form Use this form if you elect to report your child’s income on your return. Which Parent's Return To Use If you do, your child will not have to file a return. You can make this If a child’s parents are married to each other and file a joint return, election if your child meets all of the following conditions. use the joint return when electing to report the child’s interest and • The child was under age 19 (or under age 24 if a full-time dividend income on their return. For other situations when the student) at the end of 2023. Full-time student is defined below. parents do not file a joint return, see Parents Who Don't File a Joint • The child’s only income was from interest and dividends, Return, next. including capital gain distributions and Alaska Permanent Fund dividends. • The child’s gross income for 2023 was less than $12,500. Parents Who Don’t File a Joint Return • The child is required to file a 2023 return. • The child does not file a joint return for 2023. For parents who don’t file a joint return and are electing to report the • There were no estimated tax payments for the child for 2023 child’s interest and dividend income on their return, the following (including any overpayment of tax from his or her 2022 return discussions explain which parent's tax return must be used to figure applied to 2023 estimated tax). the tax. • There was no federal income tax withheld from the child’s income. Only the parent whose tax return is used can make the election described earlier under Parents who qualify to make the election. You must also qualify. See Parents who qualify to make the election, below. Parents are married. If the child's parents file separate returns, use the return of the parent with the greater taxable income. Note. The amounts at $1,250 and below are not taxed when using Parents not living together. If the child's parents are married to this election. See Rate may be higher for more information. each other but not living together, and the parent with whom the child lives (the custodial parent) is considered unmarried, use the Full-time student. A full-time student is your child who for some return of the custodial parent. If the custodial parent isn’t considered part of each of 5 calendar months during the year was enrolled as a unmarried, use the return of the parent with the greater taxable full-time student at a school, or took a full-time on-farm training income. course given by a school or a state, county, or local government agency. A school includes a technical, trade, or mechanical school. For an explanation of when a married person living apart from his It does not include an on-the-job training course, correspondence or her spouse is considered unmarried, see Head of Household in school, or school offering courses only through the Internet. Pub. 501. Certain January 1 birthdays. A child born on January 1, 2005, is Parents are divorced. If the child's parents are divorced or legally considered to be age 19 at the end of 2023. You cannot make this separated, and the parent who had custody of the child for the election for such a child unless the child was a full-time student. greater part of the year (the custodial parent) hasn’t remarried, use the return of the custodial parent. A child born on January 1, 2000, is considered to be age 24 at Custodial parent remarried. If the custodial parent has the end of 2023. You cannot make this election for such a child. remarried, the stepparent (rather than the noncustodial parent) is How to make the election. To make the election, complete and treated as the child's other parent. Therefore, if the custodial parent attach Form(s) 8814 to your tax return and file your return by the due and the stepparent file a joint return, use that joint return. Don’t use date (including extensions). A separate Form 8814 must be filed for the return of the noncustodial parent. each child whose income you choose to report on your return. You If the custodial parent and the stepparent are married, but file can make the election for one or more children and not for others. separate returns, use the return of the one with the greater taxable Parents who qualify to make the election. You qualify to make income. If the custodial parent and the stepparent are married but this election if you file Form 1040, 1040-SR, or 1040-NR and any of not living together, the earlier discussion under Parents not living the following apply. together applies. • You are filing a joint return for 2023 with the child’s other parent. Parents never married. If a child's parents have never been • You and the child’s other parent were married to each other but married to each other, but lived together all year, use the return of file separate returns for 2023 and you had the higher taxable the parent with the greater taxable income. If the parents didn’t live income. together all year, the rules explained earlier under Parents are • You were unmarried, treated as unmarried for federal income divorced apply. tax purposes, or separated from the child’s other parent by a divorce or separate maintenance decree. The child must have Jan 8, 2024 Cat. No. 92918Z |
Enlarge image | Page 2 of 3 Fileid: … ions/i8814/2023/a/xml/cycle06/source 12:18 - 8-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Widowed parent remarried. If a widow or widower remarries, the Enter “Form 8814” on the dotted line next to line 7a or line 8, new spouse is treated as the child's other parent. The rules whichever applies. Complete line 7b if applicable. explained earlier under Custodial parent remarried apply. Note. If you file Form 8814 with your income tax return to report Tax benefits you cannot take. If you elect to report your child’s your child’s foreign financial account, you have an interest in the income on your return, you cannot take certain deductions that your assets from that account and may be required to file Form 8938, child could take on his or her own return such as: Statement of Specified Foreign Financial Assets. See the Form 8938 • Additional standard deduction of $1,850 if the child is blind, instructions for details. • Penalty on early withdrawal of child’s savings, and • Itemized deductions such as the child’s charitable contributions. Change of address. If your child filed a return for a previous year and the address shown on the last return filed is not your child’s Reduced deductions or credits. If you use Form 8814, your current address, be sure to notify the IRS, in writing, of the new increased adjusted gross income may reduce certain deductions or address. To do this, use Form 8822, Change of Address. credits on your return, including the following. • Deduction for contributions to a traditional IRA. • Deduction for student loan interest. Specific Instructions • Itemized deductions for medical expenses and casualty and theft losses. Name and social security number (SSN). If you are filing a joint • Credit for child and dependent care expenses. return, enter both names but enter the SSN of the person whose • Child tax credit. name is shown first on the return. • Education tax credits. • Earned income credit. Taxable and Tax-Exempt Interest Penalty for underpayment of estimated tax. If you make this Line 1a. Enter all taxable interest income your child received in election for 2023 and didn't have enough tax withheld or pay enough 2023. Do not include tax-exempt interest in the total for line 1a, but estimated tax to cover the tax you owe, you may be subject to a be sure to include it on line 1b. penalty. If you plan to make this election for 2024, you may need to If your child received, as a nominee, interest that actually belongs increase your federal income tax withholding or your estimated tax to another person, enter the amount and “ND” (nominee distribution) payments to avoid the penalty. See Pub. 505 for more information. on the dotted line next to line 1a. Do not include amounts received as a nominee in the total for line 1a. Rate may be higher. If your child received qualified dividends or capital gain distributions, you may pay up to $125 more tax if you If your child had accrued interest that was paid to the seller of a make this election instead of filing a separate tax return for the child. bond, amortizable bond premium (ABP) allowed as a reduction to This is because the tax rate on the child's income between $1,250 interest income, or if any original issue discount (OID) is less than and $2,500 is 10% if you make this election. However, if you file a the amount shown on your child’s Form 1099-OID, enter the separate return for the child, the tax rate may be as low as 0% nontaxable amount on the dotted line next to line 1a and “Accrued because of the preferential tax rates for qualified dividends and interest,” “ABP adjustment,” or “OID adjustment,” whichever applies. capital gain distributions. Do not include any nontaxable amounts in the total for line 1a. To figure the most beneficial tax on your child's income, first Line 1b. If your child received any tax-exempt interest income, such figure the tax on your child’s income as if they are filing a return. as from certain state and municipal bonds, report it on line 1b. Next, figure the tax as if you are electing to report your child’s income Tax-exempt interest, including any exempt-interest dividends your on your return. Then, compare the methods to determine which child received as a shareholder in a mutual fund or other regulated results in the lower tax. investment company, should be shown in box 8 of Form 1099-INT. Alternative minimum tax (AMT). If your child received tax-exempt Note. If line 1b includes tax-exempt interest or exempt-interest interest (or exempt-interest dividends paid by a regulated investment dividends paid by a regulated investment company from private company) from certain private activity bonds, you must take this into activity bonds, see Alternative minimum tax, earlier. account in determining if you owe the AMT. This type of interest should be shown in box 9 of Form 1099-INT. See Form 6251, Ordinary Dividends Alternative Minimum Tax—Individuals, and its instructions for details. Line 2a. Enter the ordinary dividends your child received in 2023. Net Investment Income Tax (NIIT). For purposes of figuring any Ordinary dividends should be shown in box 1a of Form 1099-DIV. NIIT liability of the parents on Form 8960, the following rules apply. Also include ordinary dividends your child received through a 1. All income reported on line 12 is included in the parents’ partnership, an S corporation, or an estate or trust. modified adjusted gross income. Ordinary dividends received as nominee. If your child received, 2. All net investment income included on line 12 (except for Alaska as a nominee, ordinary dividends that actually belong to another Permanent Fund dividends) is included in the parents’ net person, enter the amount and “ND” on the dotted line next to line 2a. investment income. Do not include amounts received as a nominee in the total for line 2a. For more information on NIIT, go to IRS.gov/NIIT. Investment interest expense. Your child’s income (other than Qualified Dividends qualified dividends, Alaska Permanent Fund dividends, and capital gain distributions) that you report on your return is considered to be Line 2b. Enter all qualified dividends your child received in 2023. your investment income for purposes of figuring your investment Qualified dividends are those dividends normally reported on Form interest expense deduction. If your child received qualified 1040, 1040-SR, or 1040-NR, line 3a. They are the ordinary dividends, Alaska Permanent Fund dividends, or capital gain dividends that are eligible for the same lower tax rate as a net capital distributions, see Pub. 550, Investment Income and Expenses, to gain. Qualified dividends should be shown in box 1b of Form figure the amount you can treat as your investment income. 1099-DIV. For detailed information about qualified dividends, see Pub. 550. Foreign accounts and trusts. You must complete Schedule B Enter the child's qualified dividends on Form 8814, line 2b. But (Form 1040), Part III, and file it with your tax return if your child: don't include this amount on the parent’s Form 1040, 1040-SR, or 1. Had a foreign financial account; or 1040-NR, line 3a. Instead, include the amount from Form 8814, line 9, on Form 1040, 1040-SR, or 1040-NR, line 3a. (The amount on 2. Received a distribution from, or was the grantor of, or transferor Form 8814, line 9, may be less than the amount on Form 8814, to, a foreign trust. 2 Instructions for Form 8814 |
Enlarge image | Page 3 of 3 Fileid: … ions/i8814/2023/a/xml/cycle06/source 12:18 - 8-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. line 2b, because lines 7 through 12 of the form divide the $2,500 Example. Fred is 6 years old. In 2023, he received dividend base amount on Form 8814, line 5, between the child's qualified income of $2,600, which included $1,990 of ordinary dividends and dividends, capital gain distributions, and other interest and dividend a $610 capital gain distribution from a mutual fund. (None of the income, reducing each of those amounts.) distributions were reported on Form 1099-DIV as unrecaptured section 1250 gain, section 1202 gain, or collectibles (28% rate) Note. Don't include these dividends on Form 8814, line 12; or gain.) All of the ordinary dividends are qualified dividends. He has Schedule 1 (Form 1040), line 8z. no other income and isn’t subject to backup withholding. No estimated tax payments were made under his name and SSN. Capital Gain Distributions Fred's parents elect to include Fred's income on their tax return Line 3. Enter the capital gain distributions your child received in instead of filing a return for him. 2023. Capital gain distributions should be shown in box 2a of Form They figure the amount to report on Form 1040, lines 3a and 3b, 1099-DIV. and the amount to report on their Schedule D, line 13, as follows. The amount of these distributions that is added to your income They leave lines 1a and 1b of Form 8814 blank because Fred must be reported on Schedule D (Form 1040), Capital Gains and doesn’t have any interest income. They enter his ordinary dividends Losses, line 13, or, if you aren't required to file Schedule D, on Form of $1,990 on lines 2a and 2b because all of Fred's ordinary 1040, 1040-SR, or 1040-NR, line 7, whichever applies. dividends are qualified dividends. They enter the amount of Fred's This is the amount on Form 8814, line 10. (The amount on Form capital gain distributions, $610, on line 3. Next, they add the 8814, line 10, may be less than the amount on Form 8814, line 3, amounts on lines 1a, 2a, and 3 and enter the result, $2,600, on because lines 7 through 12 of the form divide the $2,500 base line 4. amount on Form 8814, line 5, between the child's qualified They subtract the base amount on line 5, $2,500, from the dividends, capital gain distributions, and other interest and dividend amount on line 4, $2,600, and enter the result, $100, on line 6. This income, reducing each of those amounts.) is the total amount from Form 8814 to be reported on their return. Next, they figure how much of this amount is qualified dividends and Note. Don’t include these dividends on Form 8814, line 12; or how much is capital gain distributions. Schedule 1 (Form 1040), line 8z. • They divide the amount on line 2b, $1,990, by the amount on Types of capital gain distributions. Capital gain distributions are line 4, $2,600. They enter the result, 0.77, on line 7. organized into the following three subcategories. • They divide the amount on line 3, $610, by the amount on line 4, • Collectibles (28% rate) gain distributions. $2,600. They enter the result, 0.23, on line 8. • Unrecaptured section 1250 gain distributions. • They multiply the amount on line 6, $100, by the decimal on • Section 1202 gain distributions. line 7, 0.77, and enter the result, $77, on line 9. • They multiply the amount on line 6, $100, by the decimal on Collectibles (28% rate) gain distributions. If any of the child's line 8, 0.23, and enter the result, $23, on line 10. capital gain distributions are reported on Form 1099-DIV as • They include the amount from line 9, $77, on lines 3a and 3b of collectibles (28% rate) gain, you must determine how much to also their Form 1040 and enter “Form 8814 — $77” on the dotted include on line 4 of the 28% Rate Gain Worksheet in the instructions lines next to lines 3a and 3b. They include the amount from for Schedule D, line 18. Multiply the child's capital gain distribution line 10, $23, on line 13 of their Schedule D (Form 1040) and included on Schedule D, line 13, by a fraction. The numerator is the enter “Form 8814 — $23” on the dotted line next to Schedule D, part of the child's total capital gain distribution that is collectibles line 13. (28% rate) gain. The denominator is the child's total capital gain distribution. Enter the result on line 4 of the 28% Rate Gain Additional Instructions Worksheet. Line 9. Include this amount on Form 1040, 1040-SR, or 1040-NR, Unrecaptured section 1250 gain distributions. If any of the lines 3a and 3b. Enter “Form 8814” and this amount on the dotted child's capital gain distributions are reported on Form 1099-DIV as line next to those lines unless you file Schedule B (Form 1040). unrecaptured section 1250 gain, you must determine how much to If you file Schedule B, include this amount on line 5 and identify it include on line 11 of the Unrecaptured Section 1250 Gain as from “Form 8814.” Complete Schedule B as instructed. Also Worksheet in the instructions for Schedule D, line 19. Multiply the include this amount on Form 1040, 1040-SR, or 1040-NR, line 3a. child's capital gain distribution included on Schedule D, line 13, by a fraction. The numerator is the part of the child's total capital gain You must file Schedule B if this amount plus the parents’ distribution that is unrecaptured section 1250 gain. The denominator dividends is more than $1,500. is the child's total capital gain distribution. Enter the result on the Line 10. Include this amount on Schedule D (Form 1040), line 13; Unrecaptured Section 1250 Gain Worksheet, line 11. or Form 1040, 1040-SR, or 1040-NR, line 7. Enter “Form 8814” and Section 1202 gain distributions. If any of the child's capital gain this amount on the dotted line next to line 13 of Schedule D or in the distributions are reported as section 1202 gain (gain on qualified space to the left of line 7 of Form 1040, 1040-SR, or 1040-NR. small business stock) on Form 1099-DIV, part or all of that gain may If any of the child's capital gain distributions were reported on be eligible for the section 1202 exclusion. (For information about the Form 1099-DIV as unrecaptured section 1250 gain, section 1202 exclusion, see chapter 4 of Pub. 550.) To figure that part, multiply the gain, or collectibles (28% rate) gain, see Types of capital gain child's capital gain distribution included on Schedule D, line 13, by a distributions, earlier, to locate the instructions for the type(s) of fraction. The numerator is the part of the child's total capital gain capital gain distributions your child has and for details on the distribution that is section 1202 gain. The denominator is the child's amount(s) to report on Schedule D. total capital gain distribution. Your section 1202 exclusion is Line 12. If you checked the box on line C, add the amounts from generally 50% of the result, but may be subject to a limit. In some line 12 of all your Forms 8814. Include the result on Schedule 1 cases, the exclusion is more than 50%. See the Instructions for (Form 1040), line 8z. Enter “Form 8814” and the total of the line 12 Schedule D for details and information on how to report the amounts in the space on that line. exclusion amount.) Capital gain distributions received as nominee. If your child Line 15. If you checked the box on line C, add the amounts from received, as a nominee, capital gain distributions that actually line 15 of all your Forms 8814. Include the total on Form 1040, belong to another person, enter the amount and “ND” on the dotted 1040-SR, or 1040-NR, line 16. Be sure to check box 1 on Form line next to line 3. Do not include amounts received as a nominee in 1040, 1040-SR, or 1040-NR, line 16. the total for line 3. Instructions for Form 8814 3 |