Kiddie tax question, advice needed.

[TJ93]

I'm over 18, but under 24, and not a full time student or a dependent. Both of my parents are living. All of my earnings come from capital gains, which is not considered "earned income".  

"The child was age 18 at the end of the tax year and you didn't have earned income that was more than half of the child's support"

https://www.irs.gov/pub/irs-pdf/i8615.pdf - Source

Edit: I just found this: https://www.irs.gov/instructions/i8615

If you look at the examples, the middle one states that "only if the child was a full-time student". So I am thinking its an error by turbo tax for making me file a 8915?

This is direct from the IRS website. This wording is super confusing. Who is "you" referring to? Me or my parent? Either way, TurboTax asks if I, myself, used "earned income" in its question that determines if I own this kiddie tax or not. 

I'm also assuming that "was 18" means 18+, since I was prompted to fill out an 8915 by turbo tax, even though I am older than 18. I'm praying that this is an accident by turbo tax, and that "was 18" is only for people that are exactly 18, or at least that this wording means I can take my case to a tax lawyer.

Anyways, I was hoping to get some comments, suggestions or advice regarding this. To me, it makes no sense at all. I plan to invest as my full time job, which is not "earned income", and by this criteria, I will be paying a kiddie tax until my parents die???

Also, it doesn't seem to state which parent I have to file on the 8915, can I pick the one with the lowest income? If my earnings exceed them, can I end up paying less? This is all super vague. Maybe I can find a loophole with a lawyer? Seems like the kiddie tax was put in place to stop parents sheltering earnings, but this doesn't apply to me so it feels unfair. 

Others online have told me that due to the fact that im 18+ and not a student, I dont have to pay the tax. But turbo tax seems to think otherwise, and that quoted statement concerns me as well. Thanks for any assistance.

[Mike9241]

you mean form 8615 

Who Must File
Form 8615 must be filed for any child who meets all of the following
conditions.
1. The child had more than $2,200 of unearned income.   capital gains are unearned income 
2. The child is required to file a tax return. read the instructions (if your parents CAN'T claim you use Chart A, otherwise Chart B) https://www.irs.gov/pub/irs-pdf/i1040gi.pdf charts start on page 10
3. You were:
a doesn't apply since you say you were over 18

b. Was age 18 at the end of 2021 and didn’t have earned
income that was more than half of the child's support,

this would apply if you weren't 19 at the end of 2021

c. Was a full-time student at least age 19 and under age 24 at
the end of 2021 and didn’t have earned income that was more than
half of the child's support.

you don't meet this test because you were not a full-time student 
4. At least one of the child's parents was alive at the end of
2021.
5. The child doesn’t file a joint return for 2021.

for 3 the actual code section is 1(g)(2)(A)(ii)

(I)has attained age 18 before the close of the taxable year and meets the age requirements of section      152(c)(3) (determined without regard to subparagraph (B) thereof), and
(II)whose earned income (as defined in section 911(d)(2)) for such taxable year does not exceed one-half of the amount of the individual’s support (within the meaning of section 152(c)(1)(D) after the application of section 152(f)(5) (without regard to subparagraph (A) thereof)) for such taxable year,

if you are subject to the kiddie tax, the alternative is for your parents  to use form 8814 to report your income and pay your taxes form 8814