2007 Department of the Treasury
Internal Revenue Service
Instructions for Form 8615
(Rev. January 2008)
Tax for Children Under Age 18 With Investment Income of More Than $1,700
gain distributions, may be higher if this If the parents were married but filed
General Instructions election is made. For more details, see separate returns, enter the name and
Form 8814, Parents’ Election To Report SSN of the parent who had the higher
What’s New Child’s Interest and Dividends. taxable income. If you do not know
This revision of the Instructions for which parent had the higher taxable
Form 8615 reflects the Tax Technical Additional Information income, see Pub. 929.
Corrections Act of 2007, which has For more details, see Pub. 929, Tax If the parents were unmarried,
changed the instructions for a child or Rules for Children and Dependents. treated as unmarried for federal income
parent who files Form 2555 or 2555-EZ. tax purposes, or separated by either a
See the instructions for lines 4, 6, 9, 10, divorce or separate maintenance
15, 17, and 18. Incomplete Information decree, enter the name and SSN of the
for Parent or Other parent with whom the child lived for
Purpose of Form most of the year (the custodial parent).
For children under age 18, investment Children Exceptions. If the custodial parent
income over $1,700 is taxed at the If the parent’s taxable income or filing remarried and filed a joint return with
parent’s rate if the parent’s rate is status or the net investment income of his or her new spouse, enter the name
higher than the child’s. If the child’s the parent’s other children is not known and SSN of the person listed first on
investment income is more than by the due date of the child’s return, the joint return, even if that person is
$1,700, use Form 8615 to figure the reasonable estimates can be used. not the child’s parent. If the custodial
child’s tax. Enter “Estimated” next to the parent and his or her new spouse filed
appropriate line(s) of Form 8615. When separate returns, enter the name and
Investment Income the correct information is available, file
Form 1040X, Amended U.S. Individual
SSN of the person with the higher
taxable income, even if that person is
For Form 8615, “investment income” Income Tax Return. not the child’s parent.
includes all taxable income other than
earned income as defined on this page. Instead of using estimates, the child If the parents were unmarried but
Investment income includes taxable can get an automatic 6-month lived together during the year with the
interest, ordinary dividends, capital extension of time to file. For details, see child, enter the name and SSN of the
gains (including capital gain Form 4868, Application for Automatic parent who had the higher taxable
distributions), rents, royalties, etc. It Extension of Time To File U.S. income.
also includes taxable social security Individual Income Tax Return.
benefits, pension and annuity income, Line 1
and income (other than earned income) Amended Return If the child had no earned income
received as the beneficiary of a trust. (defined below), enter the child’s
If after the child’s return is filed, the adjusted gross income from Form 1040,
Who Must File parent’s taxable income changes or the line 38; Form 1040A, line 22; or Form
net investment income of any of the 1040NR, line 36.
Form 8615 must be filed for any child parent’s other children changes, the
who meets the following conditions. child’s tax must be refigured using the If the child had earned income, use
• The child was under age 18 at the adjusted amounts. If the child’s tax the worksheet on page 2 to figure the
end of 2007. A child born on January 1, changes, file Form 1040X to correct the amount to enter on line 1. But use Pub.
1990, is considered to be age 18 at the child’s tax. 929 instead of the worksheet to figure
end of 2007. the amount to enter on line 1 if the
• At least one of the child’s parents child:
was alive at the end of 2007. Alternative Minimum Tax • Files Form 2555 or 2555-EZ (relating
• The child had more than $1,700 of A child whose tax is figured on Form to foreign earned income),
investment income. 8615 may owe the alternative minimum • Has a net loss from self-employment,
• The child is required to file a tax tax. For details, see Form 6251, or
return. Alternative Minimum Tax — Individuals, • Claims a net operating loss
• The child does not file a joint return and its instructions. deduction.
for 2007. Earned income. Earned income
includes wages, tips, and other
The parent may be able to elect
TIP to report the child’s interest,
Line Instructions payments received for personal
ordinary dividends, and capital services performed. Generally, it is the
gain distributions on the parent’s return. Lines A and B total of the amounts reported on Form
If the parent makes this election, the If the child’s parents were married to 1040, lines 7, 12, and 18; Form 1040A,
child will not have to file a return or each other and filed a joint return, enter line 7; or Form 1040NR, lines 8, 13,
Form 8615. However, the federal the name and social security number and 19.
income tax on the child’s income, (SSN) of the parent who is listed first on Earned income also includes any
including qualified dividends and capital the joint return. taxable distribution from a qualified
Cat. No. 28914R
disability trust. A qualified disability trust Income Tax Worksheet, instead of the 3. Enter the amount from the
is any trust: parent’s taxable income. (The parent child’s Form 8615, line 1 . . . .
1. Described in 42 U.S.C. must use the Foreign Earned Income
1396p(c)(2)(B)(iv) and established Tax Worksheet in Pub. 4655, not the 4. Divide line 1 by line 3. Enter
worksheet on page 34 of the 2007 the result as a decimal
solely for the benefit of an individual
Instructions for Form 1040.) (rounded to at least three
under 65 years of age who is disabled, places). Do not enter more
and than 1.000 . . . . . . . . . . . . . .
2. All the beneficiaries of which are Line 8 5. Divide line 2 by line 3. Enter
determined by the Commissioner of Enter on this line the total of lines 5, 6, the result as a decimal
Social Security to have been disabled and 7. You must determine the amount (rounded to at least three
for some part of the tax year within the of net capital gain and qualified places). Do not enter more
meaning of 42 U.S.C. 1382c(a)(3). dividends included on this line before than 1.000 . . . . . . . . . . . . . .
completing line 9. 6. Multiply $1,700 by line 4 . . . .
A trust will not fail to meet (2) above
just because the trust’s corpus may Net capital gain. Net capital gain is 7. Multiply $1,700 by line 5 . . . .
revert to a person who is not disabled the smaller of the gain, if any, on 8. Qualified dividends on Form
after the trust ceases to have any Schedule D, line 15, or the gain, if any, 8615, line 5. Subtract line 6
disabled beneficiaries. on Schedule D, line 16. If Schedule D is from line 1 (but do not enter
not required, it is the amount on line 13 less than zero or more than
Child’s Investment Income of Form 1040, line 10 of Form 1040A, the amount on Form 8615,
Worksheet — Line 1 or line 14 of Form 1040NR. line 5) . . . . . . . . . . . . . . . . .
Keep for Your Records
Qualified dividends. Qualified 9. Net capital gain on Form
1. Enter the amount from the
dividends are those dividends reported 8615, line 5. Subtract line 7
child’s Form 1040, line 22; on line 9b of Form 1040 or Form 1040A from line 2 (but do not enter
Form 1040A, line 15; or Form or line 10b of Form 1040NR. less than zero or more than
1040NR, line 23, whichever Net capital gain and qualified the excess of Form 8615, line
applies . . . . . . . . . . . . . . . . . dividends on line 8. If neither the 5, over line 8 of this
2. Enter the child’s earned child, nor the parent, nor any other child worksheet) . . . . . . . . . . . . . .
income (defined on page 1) has net capital gain, the net capital gain
plus the amount of any penalty on line 8 is zero.
on early withdrawal of savings Line 5 Worksheet #2
from the child’s Form 1040, line If neither the child, nor the parent, Keep for Your Records
30, or Form 1040NR, line 29, nor any other child has qualified
whichever applies . . . . . . . . . dividends, the amount of qualified
3. Subtract line 2 from line 1. dividends on line 8 is zero.
Enter the result here and on If the child, parent, or any other child Use this worksheet only if line 2 of the
Form 8615, line 1 . . . . . . . . . . has net capital gain, figure the amount child’s Form 8615 is more than $1,700 and
of net capital gain included on line 8 by lines 3 and 5 are the same amount.
adding together the net capital gain
Line 2 amounts included on lines 5, 6, and 7. 1. Enter the child’s qualified
dividends . . . . . . . . . . . . . . .
If the child itemized deductions, enter If the child, parent, or any other child
the larger of: has qualified dividends, figure the 2. Enter the child’s net capital
• $1,700, or amount of qualified dividends included gain . . . . . . . . . . . . . . . . . .
• $850 plus the portion of the amount on line 8 by adding together the 3. Add lines 1 and 2 . . . . . . . . .
on Schedule A (Form 1040), line 29 (or qualified dividend amounts included on
Form 1040NR, Schedule A, line 17), lines 5, 6, and 7. Use the following 4. Divide line 1 by line 3. Enter
that is directly connected with the discussions to find these amounts. the result as a decimal
production of the investment income on (rounded to at least three
Net capital gain or qualified places) . . . . . . . . . . . . . . . .
Form 8615, line 1. dividends on line 5. If the child has a
net capital gain or qualified dividends, 5. Enter the child’s itemized
Line 4 use the appropriate Line 5 Worksheet deductions directly connected
on this page or page 3 to find the with the production of the
If the child files Form 2555 or 2555-EZ child’s qualified dividends or
to claim the foreign earned income amount of each included on line 5.
These worksheets are needed to adjust net capital gain . . . . . . . . . . .
exclusion or housing exclusion, enter
the amount from line 3 of the child’s the child’s net capital gain and qualified 6. Multiply line 4 by line 5 . . . . .
Foreign Earned Income Tax dividends by the appropriate allocated
amount of the child’s deductions. 7. Subtract line 6 from line 5 . . .
Worksheet, instead of the child’s
taxable income. (The Foreign Earned 8. Subtract line 7 from line 2 . . .
Income Tax Worksheet that must be 9. Subtract line 6 from line 1 . . .
used is the one in Pub. 4655, not the Line 5 Worksheet #1
Keep for Your Records 10. Enter the amount from the
worksheet on page 34 of the 2007
Instructions for Form 1040.) child’s Form 8615, line 1 . . . .
11. Divide line 1 by line 10. Enter
Line 6 Use this worksheet only if line 2 of the the result as a decimal
If the parent filed a joint return, enter child’s Form 8615 is $1,700 and lines 3 and (rounded to at least three
the taxable income shown on that 5 are the same amount. places). Do not enter more
return even if the parent’s spouse is not than 1.000 . . . . . . . . . . . . . .
the child’s parent. 1. Enter the child’s qualified
dividends . . . . . . . . . . . . . . .
If the Foreign Earned Income Tax
Worksheet was used to figure the 2. Enter the child’s net capital
parent’s tax, enter the amount from line gain . . . . . . . . . . . . . . . . . .
3 of the parent’s Foreign Earned
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12. Divide line 2 by line 10. Enter 14. Divide line 3 by line 13. Enter Schedule D is more than zero, use the
the result as a decimal the result as a decimal Schedule D Tax Worksheet in the
(rounded to at least three (rounded to at least three Instructions for Schedule D to figure the
places). Do not enter more places). Do not enter more than tax. See Pub. 929 for details on how to
than 1.000 minus the amount 1.000 . . . . . . . . . . . . . . . . . figure the line 9 tax using the Schedule
on line 11 . . . . . . . . . . . . . . 15. Multiply line 12 by line 14 . . . . D Tax Worksheet.
13. Multiply $850 by line 11 . . . . . 16. Multiply line 15 by line 4 . . . . Child files Form 2555 or 2555-EZ. If
17. Subtract line 16 from line 15 . .
line 8 includes any net capital gain or
14. Multiply $850 by line 12 . . . . . qualified dividends and the child or any
15. Qualified dividends on Form 18. Qualified dividends on Form other child filing Form 8615 also files
8615, line 5. Subtract line 13 8615, line 5. Subtract line 16 Form 2555 or 2555-EZ, see Pub. 929
from line 9 (but do not enter from line 9. Enter the result for instructions on how to figure the line
less than zero or more than here (but do not enter less than 9 tax.
the amount on Form 8615, zero or more than the amount
line 5) . . . . . . . . . . . . . . . . . on Form 8615, line 5) . . . . . . Using the Qualified Dividends and
19. Net capital gain on Form Capital Gain Tax Worksheet for line 9
16. Net capital gain on Form tax. If you use the Qualified Dividends
8615, line 5. Subtract line 17
8615, line 5. Subtract line 14 and Capital Gain Tax Worksheet to
from line 8 (but do not enter
from line 8 (but do not enter figure the line 9 tax, complete that
less than zero or more than the
less than zero or more than worksheet as follows.
excess of Form 8615, line 5,
the excess of Form 8615, line
over line 18 of this worksheet) 1. On line 1, enter the amount from
5, over line 15 of this
worksheet) . . . . . . . . . . . . . . Form 8615, line 8.
* If you enter more than $117,300 on line 13, see 2. On line 2, enter the amount of
the Deduction for Exemptions Worksheet in the
Form 1040, Form 1040A, or Form 1040NR qualified dividends included on Form
instructions for the amount to enter on line 10. 8615, line 8. (See the instructions for
line 8.)
3. On line 3, enter the amount of the
Net capital gain or qualified net capital gain included on Form 8615,
dividends on line 6. If the parent has line 8. (See the instructions for line 8.)
Line 5 Worksheet #3 a net capital gain, its full amount is the
Keep for Your Records 4. Complete line 4 following the
net capital gain included on line 6. If the worksheet instructions.
parent has qualified dividends, the full 5. If you are completing the
amount is the amount of qualified worksheet in the Form 1040
Use this worksheet only if the child’s Form dividends included on line 6. instructions, enter on line 5 the total of
8615, line 5, is less than line 3. Net capital gain or qualified the amounts, if any, on line 4g of all
dividends on line 7. The net capital Forms 4952 filed by the child, parent, or
1. Enter the child’s qualified gain included on line 7 is the total of the any other child.
dividends . . . . . . . . . . . . . . . amounts of net capital gain included on 6. Complete line 6 (line 5 of the
2. Enter the child’s net capital gain line 5 of the other children’s Forms worksheet in the Form 1040A or Form
3. Add lines 1 and 2 . . . . . . . . . 8615. The qualified dividends included 1040NR instructions) following the
on line 7 is the total of the amounts of worksheet instructions.
4. Divide line 1 by line 3. Enter the
qualified dividends included on line 5 of 7. If the Foreign Earned Income Tax
result as a decimal (rounded to
at least three places) . . . . . . .
the other children’s Forms 8615. Find Worksheet was used to figure the
these amounts for each other child as parent’s tax, go to step 8 below.
5. If the child itemized deductions, explained under Net capital gain or Otherwise, skip steps 8, 9, and 10
enter the child’s itemized qualified dividends on line 5 on page 2. below, and go to step 11.
deductions directly connected
(Do not attach the other children’s 8. Determine whether there is a line
with the production of the
income on line 3 . . . . . . . . . .
Forms 8615 to the child’s return.) 8 capital gain excess. To do this,
subtract from line 1 of the worksheet
6. Multiply line 4 by line 5 . . . . .
Line 9 the amount on line 2 of the parent’s
7. Subtract line 6 from line 5 . . . Foreign Earned Income Tax
Figure the tax using the Tax Table, Tax
8. Subtract line 7 from line 2 . . . Worksheet. Subtract the result from line
Computation Worksheet, Qualified
6 of this Qualified Dividends and
9. Subtract line 6 from line 1 . . . Dividends and Capital Gain Tax
Capital Gain Tax Worksheet (line 5 of
Worksheet, Schedule D Tax
10. If the child can claim his or her the worksheet in the Form 1040A or
Worksheet, or Schedule J, whichever
own exemption, enter $3,400*. Form 1040NR instructions). If the result
applies. If line 8 includes any net capital
Otherwise, enter -0- . . . . . . . is more than zero, that amount is the
gain or qualified dividends, use the
11. If the child itemized deductions, line 8 capital gain excess. If the result is
Qualified Dividends and Capital Gain
enter the child’s itemized zero or less, there is no line 8 capital
Tax Worksheet in the Form 1040,
deductions not directly gain excess.
1040A, or 1040NR instructions to figure
connected with the production 9. If there is no line 8 capital gain
the tax, unless you have to use the
of the income on line 3. excess, skip step 10 below and go to
Schedule D Tax Worksheet or
Otherwise, enter the child’s step 11.
Schedule J (see below).
standard deduction . . . . . . . . 10. If there is a line 8 capital gain
12. Add lines 10 and 11 . . . . . . . Schedule J. If any farming or fishing excess, complete a second Qualified
income is included on line 8, the tax Dividends and Capital Gain Tax
13. Enter the child’s adjusted gross may be less if you use Schedule J. If
income (Form 1040, line 38; Worksheet as instructed above and in
Schedule J was used to figure the tax step 11 below but in its entirety and
Form 1040A, line 22; or Form
1040NR, line 36) . . . . . . . . .
on the parent’s return, see Pub. 929 for with the following additional
details on how to figure the tax. modifications.
Schedule D Tax Worksheet. If the a. Reduce the amount you would
child, parent, or another child has to file otherwise enter on line 3 (but not below
Schedule D and line 18 or 19 of any zero) by the line 8 capital gain excess.
-3-
b. Reduce the amount you would line 14 is the amount from line 2 of the Dividends and Capital Gain Tax
otherwise enter on line 2 (but not below child’s completed Line 5 Worksheet Worksheet, Schedule D Tax
zero) by any of the line 8 capital gain minus the amount from the last line of Worksheet, or Schedule J, whichever
excess not used in (a) above. that worksheet. applies. If line 4 includes any qualified
11. Complete lines 7 through 19 If the child has qualified dividends, dividends or net capital gain, use the
(lines 6 through 17 of the worksheet in the amount of qualified dividends Qualified Dividends and Capital Gain
the Form 1040A or Form 1040NR included on line 14 is the amount from Tax Worksheet to figure the tax unless
instructions) following the worksheet line 1 of the child’s completed Line 5 the Schedule D Tax Worksheet has to
instructions. Use the parent’s filing Worksheet minus the amount from the be used instead. If any farming or
status to complete lines 8, 16, and 18 next to the last line of that worksheet. fishing income is included on line 4, the
(lines 6, 14, and 16 of the worksheet in Child files Form 2555 or 2555-EZ. If tax may be less if you use Schedule J.
the Form 1040A or Form 1040NR line 14 includes any net capital gain or Child files Form 2555 or 2555-EZ. If
instructions). qualified dividends and the child files line 4 includes any qualified dividends
Form 2555 or 2555-EZ, see Pub. 929 or net capital gain and the child files
Enter the amount from line 19 of the Form 2555 or 2555-EZ, see Pub. 929
Qualified Dividends and Capital Gain for instructions on how to figure the line
15 tax. for instructions on how to figure the line
Tax Worksheet (or line 17 of the 17 tax.
worksheet in the Form 1040A or Form Using the Qualified Dividends and
1040NR instructions) on Form 8615, Capital Gain Tax Worksheet for line
line 9, and check the box on that line. 15 tax. If you use the Qualified Line 18
Do not attach this worksheet to the Dividends and Capital Gain Tax If the child files Form 2555 or 2555-EZ,
child’s return. Worksheet to figure the line 15 tax, do not enter the amount from Form
complete that worksheet as follows. 8615, line 18, on the child’s Form 1040,
Line 10 1. On line 1, enter the amount from line 44. Instead, enter the amount from
Form 8615, line 18, on line 4 of the
If the parent filed a joint return, enter Form 8615, line 14.
2. On line 2, enter the amount of the child’s Foreign Earned Income Tax
the tax shown on that return even if the Worksheet. (Use the Foreign Earned
parent’s spouse is not the child’s qualified dividends included on Form
8615, line 14. (See Net capital gain and Income Tax Worksheet in Pub. 4655,
parent. not the worksheet on page 34 of the
If the Foreign Earned Income Tax qualified dividends on line 14 on this
page.) 2007 Instructions for Form 1040.) Then
Worksheet was used to figure the complete the rest of the Foreign Earned
parent’s tax, enter the amount from line 3. On line 3, enter the amount of the
net capital gain included on Form 8615, Income Tax Worksheet to figure the
4 of the parent’s Foreign Earned child’s tax.
Income Tax Worksheet, instead of the line 14. (See Net capital gain and
parent’s tax from Form 1040, line 44. qualified dividends on line 14 on this Paperwork Reduction Act Notice.
(The parent must use the Foreign page.) We ask for the information on this form
Earned Income Tax Worksheet in Pub. 4. Complete line 4 following the to carry out the Internal Revenue laws
4655, not the worksheet on page 34 of worksheet instructions. of the United States. You are required
the 2007 Instructions for Form 1040.) 5. If you are completing the to give us the information. We need it to
worksheet in the Form 1040 ensure that you are complying with
instructions, leave line 5 blank.
Line 15 6. Complete lines 6 through 19
these laws and to allow us to figure and
Figure the tax using the Tax Table, Tax collect the right amount of tax.
(lines 5 through 17 of the worksheet in
Computation Worksheet, Qualified the Form 1040A or Form 1040NR You are not required to provide the
Dividends and Capital Gain Tax instructions) following the worksheet information requested on a form that is
Worksheet, Schedule D Tax instructions. Use the child’s filing status subject to the Paperwork Reduction Act
Worksheet, or Schedule J, whichever to complete lines 8, 16, and 18 of the unless the form displays a valid OMB
applies. If line 14 includes any net worksheet for Form 1040 (lines 6, 14, control number. Books or records
capital gain or qualified dividends (see and 16 of the worksheet for Form relating to a form or its instructions
below), use the Qualified Dividends and 1040A or Form 1040NR). must be retained as long as their
Capital Gain Tax Worksheet to figure contents may become material in the
this tax. However, if the child has to file Enter the amount from line 19 of this administration of any Internal Revenue
Schedule D and line 18 or line 19 of the Qualified Dividends and Capital Gain law. Generally, tax returns and return
child’s Schedule D is more than zero, Tax Worksheet (line 17 of the information are confidential, as required
use the Schedule D Tax Worksheet to worksheet in the Form 1040A or Form by Internal Revenue Code section
figure this tax instead. See Pub. 929 for 1040NR instructions) on line 15 of Form 6103.
details on how to figure the line 15 tax 8615 and check the box on that line. Do The average time and expenses
using the Schedule D Tax Worksheet. not attach this worksheet to the child’s required to complete and file this form
Before using the Qualified Dividends return. will vary depending on individual
and Capital Gain Tax Worksheet to Using Schedule J for line 15 tax. If circumstances. For the estimated
figure the line 15 tax, you will need to line 14 includes any farming or fishing averages, see the instructions for your
know the amount of net capital gain income, the tax may be less if you use income tax return.
and qualified dividends, if any, included Schedule J. See Pub. 929 for details on If you have suggestions for making
on line 14. how to figure the line 15 tax using this form simpler, we would be happy to
Net capital gain and qualified Schedule J. hear from you. See the instructions for
dividends on line 14. If the child does your income tax return.
not have any net capital gain or Line 17
qualified dividends, line 14 does not Figure the tax using the Tax Table, Tax
include any net capital gain or qualified Computation Worksheet, Qualified
dividends.
If the child has net capital gain, the
amount of net capital gain included on
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