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New "kiddie tax" rules

For parents thinking about trying to save taxes by transferring assets into their children's names, Congress has just thrown up another roadblock. In the recently enacted Tax Increase Prevention and Reconciliation Act, Congress raised the age at which the unearned income of minor children is taxed at the parents' tax rate from under age 14 to under age 18. Here are the details.

At one time, wealthy parents could significantly lower their family's tax bill by transferring investment assets to minor children. This tax technique, called income shifting, worked by taking income out of the parents' higher tax bracket and placing it in the lower tax brackets of their children. To curtail the use of this tax technique, Congress enacted the “kiddie tax” rules, which said that children under 14 who had more than a small amount of unearned (investment) income had to pay tax at their parents' marginal tax rate (the rate of tax on the last dollar earned). The threshold amount at which the kiddie tax kicks in is two times the amount allowed as a standard deduction for a dependent who has only investment income. For 2006, that amount is $850, so the kiddie tax begins to apply when the child has more than $1,700 in unearned income.

Here are the 2006 income limits:

0-$850          Not taxable

$851-$1,700  Child’s rate

Over $1,700   Parent’s rate

Under the new law, the age limit below which a child's income from investments is taxed at the parents' rate is raised from 14 to 18. The new law specifies, however, that the kiddie tax does not apply to a child who is married and files a joint return for the tax year. The new provisions apply to tax years beginning after Dec. 31, 2005.

Example.  Assume the following:  Jill is 17 years old, has no earned income but generates taxable interest income from investments in 2006.  Her parents are in the 35% tax bracket.

Jill's investments

      20,000

    30,000

Taxable return

6%

6%

Taxable earnings

        1,200

     1,800

Does kiddie tax apply?

No

Yes

Amount subject to kiddie tax

 None

  100

For the $20,000 investment, Jill’s tax liability would be $35 and $120 for the $30,000 investment.

Note that in many instances, the kiddie tax will not be a factor.  In fact, it’s advantageous when a child can generate taxable investment income up to the kiddie tax threshold amount since the income is either not taxed or taxed at a very low tax rate.

 

The information presented in the Tax Newsletter is only of a general nature, may omit many details and special rules, is current only as of its published date, and accordingly, cannot be regarded as legal or tax advice. Please contact your tax advisor for more information on the subject and how it pertains to your specific situation.

For more information
Review IRS Publication 929, Tax Rules for Children and Dependents

For more information
See my October 2005 Tax e-Newsletter Putting Your Kids on the Payroll