Instructions for Form 8814, Parents' Election to Report Child's Interest and Dividends

Legal Form Number8814
Year2025
IssuerTreasury Department
SectionTreasury Department
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2023
Instructions for Form 8814
Parents’ Election To Report Child’s Interest and Dividends
Department of the Treasury
Internal Revenue Service
Section references are to the Internal Revenue Code unless
otherwise noted.
Future Developments
For the latest information about developments related to Form 8814
and its instructions, such as legislation enacted after they were
published, go to IRS.gov/Form8814.
General Instructions
Purpose of Form
Use this form if you elect to report your child’s income on your return.
If you do, your child will not have to file a return. You can make this
election if your child meets all of the following conditions.
The child was under age 19 (or under age 24 if a full-time
student) at the end of 2023. Full-time student is defined below.
The child’s only income was from interest and dividends,
including capital gain distributions and Alaska Permanent Fund
dividends.
The child’s gross income for 2023 was less than $12,500.
The child is required to file a 2023 return.
The child does not file a joint return for 2023.
There were no estimated tax payments for the child for 2023
(including any overpayment of tax from his or her 2022 return
applied to 2023 estimated tax).
There was no federal income tax withheld from the child’s
income.
You must also qualify. See Parents who qualify to make the
election, below.
Note. The amounts at $1,250 and below are not taxed when using
this election. See Rate may be higher for more information.
Full-time student. A full-time student is your child who for some
part of each of 5 calendar months during the year was enrolled as a
full-time student at a school, or took a full-time on-farm training
course given by a school or a state, county, or local government
agency. A school includes a technical, trade, or mechanical school.
It does not include an on-the-job training course, correspondence
school, or school offering courses only through the Internet.
Certain January 1 birthdays. A child born on January 1, 2005, is
considered to be age 19 at the end of 2023. You cannot make this
election for such a child unless the child was a full-time student.
A child born on January 1, 2000, is considered to be age 24 at
the end of 2023. You cannot make this election for such a child.
How to make the election. To make the election, complete and
attach Form(s) 8814 to your tax return and file your return by the due
date (including extensions). A separate Form 8814 must be filed for
each child whose income you choose to report on your return. You
can make the election for one or more children and not for others.
Parents who qualify to make the election. You qualify to make
this election if you file Form 1040, 1040-SR, or 1040-NR and any of
the following apply.
You are filing a joint return for 2023 with the child’s other parent.
You and the child’s other parent were married to each other but
file separate returns for 2023 and you had the higher taxable
income.
You were unmarried, treated as unmarried for federal income
tax purposes, or separated from the child’s other parent by a
divorce or separate maintenance decree. The child must have
lived with you for most of the year (you were the custodial
parent). If you were the custodial parent and you remarried, you
can make the election on a joint return with your new spouse.
But if you and your new spouse don’t file a joint return, you
qualify to make the election only if you had higher taxable
income than your new spouse.
See Which Parent's Return To Use below for more information
about which parent’s return to use.
Note. If you and the child’s other parent were not married but lived
together during the year with the child, you qualify to make the
election only if you are the parent with the higher taxable income.
Which Parent's Return To Use
If a child’s parents are married to each other and file a joint return,
use the joint return when electing to report the child’s interest and
dividend income on their return. For other situations when the
parents do not file a joint return, see Parents Who Don't File a Joint
Return, next.
Parents Who Don’t File a Joint Return
For parents who don’t file a joint return and are electing to report the
child’s interest and dividend income on their return, the following
discussions explain which parent's tax return must be used to figure
the tax.
Only the parent whose tax return is used can make the election
described earlier under Parents who qualify to make the election.
Parents are married. If the child's parents file separate returns, use
the return of the parent with the greater taxable income.
Parents not living together. If the child's parents are married to
each other but not living together, and the parent with whom the
child lives (the custodial parent) is considered unmarried, use the
return of the custodial parent. If the custodial parent isn’t considered
unmarried, use the return of the parent with the greater taxable
income.
For an explanation of when a married person living apart from his
or her spouse is considered unmarried, see Head of Household in
Pub. 501.
Parents are divorced. If the child's parents are divorced or legally
separated, and the parent who had custody of the child for the
greater part of the year (the custodial parent) hasn’t remarried, use
the return of the custodial parent.
Custodial parent remarried. If the custodial parent has
remarried, the stepparent (rather than the noncustodial parent) is
treated as the child's other parent. Therefore, if the custodial parent
and the stepparent file a joint return, use that joint return. Don’t use
the return of the noncustodial parent.
If the custodial parent and the stepparent are married, but file
separate returns, use the return of the one with the greater taxable
income. If the custodial parent and the stepparent are married but
not living together, the earlier discussion under Parents not living
together applies.
Parents never married. If a child's parents have never been
married to each other, but lived together all year, use the return of
the parent with the greater taxable income. If the parents didn’t live
together all year, the rules explained earlier under Parents are
divorced apply.
Jan 8, 2024 Cat. No. 92918Z

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