Legal Tip of the Week – 5/1/18!

Changes to the Kiddie Tax

Now that the new tax law has been underway for a few months now, this is probably a good time for a refresher on how the new changes affect the kiddie tax that could impact some families. The kiddie tax was first introduced in the Tax Reform of 1986 to close the loophole through which wealthy parents and grandparents would transfer assets the produced investment income to their children or grandchildren so that the child would be taxed at the lower tax rate. The tax was imposed on a portion of the affected child's unearned income at the parent's marginal rates if that was higher than the child's rate. Today, the new changes have revised kiddie tax in that those under 18 and those who are full time students between the ages of 19 & 24 at the same rate as trusts & estates.  This means that any income over $12,500 would be subject to the highest tax bracket of an individual or a married couple filing jointly.  The following table represents this new kiddie tax rate:

UNEARNED INCOME SUBJECT TO KIDDIE TAX	TAX RATE
Up to $2,550	10%
$2,551 to $9,150	24%
$9,151 to $12,500	35%
Over $12,501	37%

So unless you are such high earners that the kiddie tax would still be a savings, wait until your kids turn 25 (and are hopefully out of school) before making them wage-earners of your businesses or recipients of your unearned income.