DMarkM1
Employee Tax Expert

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Yes, capital gains can be short-term or long-term.  Capital gain distributions that are reported on a 1099-DIV are included as unearned income.  

 

Since her unearned income is over $1100 she is required to file a return unless you report that unearned income on your return if you meet all the criteria below.   

  • Your child was under age 19 (or under age 24 if a student) at the end of 2020. (A child born on January 1, 2002, is considered to be age 19 at the end of 2020; you can't make the election for this child unless the child was a student. Similarly, a child born on January 1, 1997, is considered to be age 24 at the end of 2020; you can't make the election for this child.)

  • Your child had gross income only from interest and dividends (including capital gain distributions and Alaska Permanent Fund dividends).

  • The interest and dividend income was less than $11,000.

  • Your child is required to file a return for 2020 unless you make this election.

  • Your child doesn't file a joint return for 2020.

  • No estimated tax payment was made for 2020 and no 2019 overpayment was applied to 2020 under your child's name and social security number.

  • No federal income tax was withheld from your child's income under the backup withholding rules.

  • You are the parent whose return must be used when making the election to report your child's unearned income.

 

[edited 3/3/2021 12:40pm EST]

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