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February 17, 2024
Question

Form 8615 requirement possibly triggered by 1099-B?, but it was actually a loss, not a gain

  • February 17, 2024
  • 1 reply
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My son is and was 19 at the end of 2023.  On his brokerage statement, he had a small net loss on ETF sales, therefore no unearned income >$2500.   Interest and dividends were also less than $200.   Why is he being made to fill out form 8615?    

    1 reply

    February 17, 2024

    It depends.  The IRS will go by the selling price only, and not the cost basis of the EFTs sold.  If the selling price is greater than $2,500, then your son must file to show the cost basis reduces his overall taxable income.  If the selling price is lower than $2,500 please update here.

     

    Form 8615 must be filed for any child who meets all of the following conditions.

    The child had more than $2,500 of unearned income.

    The child is required to file a tax return.

    The child either:

    • Was under age 18 at the end of 2023,
    • Was age 18 at the end of 2023 and didn’t have earned income that was more than half of the child's support, or
    • Was a full-time student at least age 19 and under age 24 at the end of 2023 and didn’t have earned income that was more than half of the child's support.
    • (Earned income is defined later. Support is defined below.)  
    • At least one of the child's parents was alive at the end of 2023.  
    • The child doesn’t file a joint return for 2023.

    For these rules, the term “child” includes a legally adopted child and a stepchild. These rules apply whether or not the child is a dependent. These rules don’t apply if neither of the child’s parents were living at the end of the year.

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