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jhm412
Returning Member

cap gains on a UTMA

Who pays the kidde tax on capital gains on a UTMA,  the custodian on the account or the parent claiming the child as a dependent?

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2 Replies
ColeenD3
Expert Alumni

cap gains on a UTMA

The child. It is the child's tax return. Use Form 8615 to figure the child's tax on unearned income over $2,200. Tax Topic 553

 

While the IRS doesn't care who actually pays it, the parent may qualify to include the child's income on their own personal return.

Hal_Al
Level 15

cap gains on a UTMA

Q. Who pays the kiddie tax on capital gains on a UTMA,  the custodian on the account or the parent claiming the child as a dependent?

A.  Neither. The child pays the tax, and has to file his own tax return, if the amount is more than $1100.

 

There's one possible exception.  If the capital gain is not from the sale of securities, but only a capital gain distribution from box 2a of a form 1099-Div, there is a provision for entering it on the parent's return, using form 8814. Enter at Less common income / Child's income.
But, it is usually best for him to file a separate return, as qualified dividends and capital gain distributions could be taxed at a higher rate on the parent's return. 

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