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Parent's return information not available. If a child can’t get the required information about his or her parent's tax return, the child (or the child's legal representative) can request the necessary information from the IRS. How to request. After the end of the tax year, send a signed, written request for the information to the Internal Revenue Service Center where the parent's return will be filed. (The IRS can’t process a request received before the end of the tax year.) You should also consider getting an extension of time to file the child's return, because there may be a delay in getting the requested information. The request must contain all of the following. • A statement that you are making the request to com- ply with section 1(g) of the Internal Revenue Code and that you have tried to get the information from the pa- rent. • Proof of the child's age (for example, a copy of the child's birth certificate). • Evidence the child has more than $2,200 of unearned income (for example, a copy of the child's prior year tax return or copies of Forms 1099 for the current year). • The name, address, SSN (if known), and filing status (if known) of the parent whose information is to be shown on Form 8615. A child's legal representative making the request should include a copy of his or her Power of Attorney, such as Form 2848, or proof of legal guardianship. Step 1. Figuring Your Child's Net Unearned Income (Form 8615, Part I) The first step in figuring your child’s tax using Form 8615 is to figure your child’s net unearned income. To do that, use Form 8615, Part I. Line 1 (Unearned Income) If your child had no earned income, enter on this line the adjusted gross income shown on your child’s return. Ad- justed gross income is shown on Form 1040 or 1040-NR, line 11. If your child had earned income, figure the amount to enter on Form 8615, line 1, by using the worksheet in the instructions for the form. However, use the following worksheet if your child: • Has excluded any foreign earned income, • Deducted a loss from self-employment, or • Has a net operating loss from another year. TIP Alternate Worksheet for Form 8615, Line 1 A. Enter the amount from your child’s Form 1040 or 1040-NR, line 9 . . . . . . . . . . . . . . . . . .
B. Enter the total of any net loss from self-employment, any net operating loss deduction, any foreign earned income exclusion, and any foreign housing exclusion from your child’s Form 1040 or 1040-NR. Enter this total as a positive number (greater than zero) . . . . . . . . . . . . . . . . . . . . . . .
C. Add line A and line B and enter the total . . . . . . . . . . . . . . . . . . . .
D. Enter your child’s earned income plus any amount from your child’s Schedule 1 (Form 1040), line 18 . . . . . . . . . . . . . . . . . . . . .
Generally, your child’s earned income is the total of the amounts reported on Form 1040 or 1040-NR, line 1; and Schedule 1 (Form 1040), lines 3 and 6 (if Schedule 1 (Form 1040), line 3 or 6 is a loss, use zero) E. Subtract line D from line C. Enter the result here and on Form 8615, line 1 . . . . . . . . . .
Unearned income defined. Unearned income is gener- ally all income other than salaries, wages, and other amounts received as pay for work actually performed. It includes taxable interest, dividends, capital gains (includ- ing capital gain distributions), the taxable part of social se- curity and pension payments, certain distributions from trusts, and unemployment compensation. Unearned in- come includes amounts produced by assets your child obtained with earned income (such as interest on a sav- ings account into which you deposited wages). Nontaxable income. For this purpose, unearned in- come includes only amounts your child must include in gross income. Nontaxable unearned income, such as tax-exempt interest and the nontaxable part of social se- curity and pension payments, isn’t included in gross in- come. Capital loss. Your child’s capital losses are taken into account in figuring their unearned income. Capital losses are first applied against capital gains. If the capital losses are more than the capital gains, the difference (up to $3,000) is subtracted from your child’s interest, dividends, and other unearned income. Any difference over $3,000 is carried to the next year. Income from property received as a gift. Your child’s unearned income includes all income produced by property belonging to your child. This is true even if the property was transferred to your child, regardless of when the property was transferred or purchased or who trans- ferred it. Your child’s unearned income includes income pro- duced by property given as a gift to your child. This in- cludes gifts to your child from grandparents or any other Publication 929 (2021) Page 15