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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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.
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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