Last year’s Tax Cuts and Jobs Act (TCJA) significantly changed the way your dependent children are taxed. Previously, they used to be taxed at their parent’s tax rate, but starting this year, their income could be taxed at the egregious “Trust and Estate” rate of 37% with as little as $12,501 in taxable income. With higher deductions, other children will pay less tax in 2018. Both changes give rise to additional planning strategies that parents will want to know before potentially getting a nasty surprise next April when they file their next tax return.
First, let’s define dependent child for IRS purposes. A dependent child includes any child under 18, an 18 year old who does not provide more than 50% of their own support from earned income, or a full-time student who is under age 24 and also does not not provide more than 50% of their own support from earned income. A child’s age for the tax year is the age they are on December 31.
There are different tax methodologies for earned income (wages, salary, tips, etc.) versus unearned income (interest, dividends, capital gains, etc.) under the Kiddie Tax.
First, some good news, for Earned Income, the standard deduction has been increased to $12,000 for 2018, which greatly increases the amount of income a child can earn income tax-free. Of course, they will still be subject to payroll taxes (Social Security and Medicare) on these earnings.
Strategy 1. For Self-Employed Parents: did you know that when you hire your dependent children, you do not have to pay or withhold payroll taxes (Social Security and Medicare) on their income. If you hire them, and have legitimate work for them to do, you could shift $12,000 from your high tax rate to their 0% tax rate. If they open a Traditional IRA and contribute $5,500, they could earn $17,500 tax-free. Just be aware that the IRS scrutinizes these arrangements, so be prepared to demonstrate that the work was done and the pay was “reasonable”. (Paying your kids $500 an hour to mow the lawn might be considered excessive.)
For Unearned Income, the Kiddie Tax is more complicated. The standard deduction for unearned income is only $1,050 (or their earned income plus $350 up to the $12,000 maximum). Above this amount, the next $2,100 is taxed at the child’s rate, and then any unearned income above this level is now taxed at the Trust and Estates rate. If a child has a significant UTMA, inherited IRA, or other investment account, this is where their taxes could soar in 2018, especially if they used to be taxed at their parent’s rate, say, of 22%. If their parents were in the highest tax bracket, there would be no change, but for middle class kids with investment income, they now could be taxed at a much higher rate than their parents!
Here are the 2018 Trust and Estates Tax Marginal Rates, which now apply to the Kiddie Tax:
10% on income from $0 to $2,550
24% from $2,551 to $9,150
35% from $9,151 to $12,500
37% over $12,501
Long-Term Capital Gains and Qualified Dividends will be taxed at:
0% if from $0 to $2,600
15% if from $2,601 to $12,700
20% if over $12,701
2. Children with under $1,050 in income do not need to file a tax return.
3. The first $4,700 in long-term capital gains are at the 0% rate (a $2,100 deduction followed by $2,600 at the zero rate). This is an opportunity to gift appreciated shares to a child and then they will not owe any tax on the first $4,700 in capital gains. If you are planning to support your kids and set up a fund for them, or pay for college, why should you pay these taxes if they can be avoided? We can establish a program to make use of this annual 0% exclusion.
4. If a child’s investment income is subject to the Kiddie Tax, and the portfolio is going to be used for college education, a 529 Plan can offer tax-free growth and withdrawals for qualified higher educational expenses. In these cases, 529 Plans have just become more valuable for their tax savings.
5. For some college aged kids, it may be better for the parents to stop listing them as a dependent if eligible. In the past, parents received a personal exemption for each child ($4,050 in 2017), but this was eliminated by the TCJA. It was replaced with an expanded child tax credit of $2,000 in 2018. However, the tax credit only applies to children under 17. Unless you are able to claim a college tax credit, it is possible you are not getting any tax benefits for your college kids over 17. In this case, not claiming them as a dependent, and having your child file their own tax return, may allow them to receive the full standard deduction, save them from the Kiddie Tax, and may even allow them to qualify for the college credit. You would need to verify with your tax professional that your child did in fact have enough earned income to be considered independent.
College financial aid doesn’t exactly follow the IRS guidelines for dependency, and they don’t even ask if a parent lists a child as a dependent or not. Instead, the Free Application for Federal Student Aid (FAFSA), has its own form, Am I Dependent or Independent?, which looks at factors including age, degree program, military service, and marital status.
If you’ve got questions on how to best address the Kiddie Tax for your family, let’s talk.