in Education
2090722
My daughter had earned income of $1500 and unemployment of $15k. If claimed as a dependent, her unemployment is taxed at me tax rate instead of hers. Correct? It makes a huge difference if she is not claimed as a dependent. Can you clarify and discuss legal loop holes for the question on her Turbo-Tax: Did you provide over half of your own support with earned income?
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Yes----you are getting hit by the kiddie tax. But wait to file her return because the law just changed for how much of the unemployment is taxable.
You are among millions who have now been affected by a mid-tax season change in the tax law. Patience will be necessary.
TurboTax will update the software for the unemployment but there is no timeline yet.
If you have not e-filed yet—-wait. And if you already e-filed and want to amend for this—WAIT.
Please read this very recent news from the IRS:
https://www.irs.gov/newsroom/irs-statement-american-rescue-plan-act-of-2021
KIDDIE TAX
https://ttlc.intuit.com/questions/1900671-what-is-the-kiddie-tax
First her unemployment does not go on the parents return. And unemployment is not earned income. So if the dependent is under the age of 19 or under the age of 24 and a full-time student, then their income is immaterial as long as they were not self-supporting. I doubt any child can be self-supporting on that little income.
As others mentioned, your daughter is subject to the “Kiddie Tax”. The requirement for who needs to file Form 8615 are listed under the Who Must File section here: https://www.irs.gov/instructions/i8615
It actually doesn’t matter whether you claim her as a dependent or support her, it’s if she under 18, or if she’s 18 (or 19-24 and full timr student) and doesn’t have enough earned income to cover half of her support (whether or not she used that earned income to help support herself).
My daughter is in the same situation, and based on what I’ve read about how the new exclusion of the first $10,200 of unemployment income from tax, it should help those subject to the kiddie tax a lot. So wait for TurboTax to implement. The remaining UI will still be taxed at parents’ rate but better than the full amount.
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