Whether or not you can be claimed as a dependent by your parents, your sister, or anyone else has nothing to do with whether you have to file Form 8615. Being a dependent is not one of the conditions that determine whether you have to file it. Plenty of people who are not dependents have to file it. And being emancipated has nothing to do with whether you have to file Form 8615. Plenty of students who are beyond the age of emancipation still have to file it.
The IRS has a procedure to get your parents' tax information from the IRS if you cannot get it from your parents. See "Parent's return information unavailable" on page 2 of the IRS Instructions for Form 8615. Here's what it says.
Parent's return information unavailable. If a child can't get the required information about their 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.)
The request must contain all of the following.
- A statement that you are making the request to comply with section 1(g) of the Internal Revenue Code and that you have tried to get the information from the parent.
- Proof of the child's age (for example, a copy of the child's birth certificate).
- Evidence the child has more than $2,500 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, social security number (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 their Power of Attorney, such as Form 2848, or proof of legal guardianship.
