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Columns: Tax Talk
George Saenz, CPA   Expert: George Saenz, CPA
Tax Talk
When does a child have to file a tax return?
Tax Talk

Minor taxed on own income
 

Dear Tax Talk:
My daughter will turn 13 on Nov. 1. She has always received money for her birthdays, Christmas, etc. I had invested her money (about $3,600) in a nine-month CD that has now matured. I put the CD in her name and I am the custodian. What happens to the interest that she earned? Do I have to claim that on my tax returns? The check came without her name on it at all ... it just had my name, as custodian, on it.
-- Chrissie

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Dear Chrissie,
You can only file a joint return with your spouse; you can't file jointly with your children. The income of a child belongs to that child whether earned through work or unearned through investment. A child who is your dependent may have to file a return. This depends on the amount of the child's earned income, unearned income and gross income.

If a dependent child must file an income tax return, but cannot file it because of his or her age, a parent, guardian or other legally responsible person must file it for the child. If the child cannot sign the return, the parent or guardian must sign the child's name followed by the words: "By (your signature), parent for minor child."

Amounts a child earns by performing services are his or her gross income. This is true even if under local law the child's parents have the right to the earnings and may actually have received them. If the child does not pay the tax due on this income, the parent is liable for the tax.

A child's investment income may be subject to tax at the parent's tax rate if the child is under age 18 (previously under age 14) at the end of the year. The amount of taxable investment income the child can have without it being subject to tax at the parent's rate was $1,700 for 2006. In 2006, a child could have unearned income of up to $850 without being required to file a separate return or being taxed at the parent’s marginal rate. In other words, if your daughter earned less than $850 in interest in 2007, there is no requirement that you file a return for her, nor would you include her interest income on your tax return.

Bankrate.com's corrections policy -- Posted: Nov. 14, 2007
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