Taxes on Child’s Capital Loss
How is a child's capital losses treated for tax purposes?
Any capital losses in an UGMA / UTMA account belong to the child, not the parents. The parents cannot report the capital losses on their tax return or use the losses to offset their own capital gains.
Generally, if the child's has ordinary income of $3,800 or more, the child will be able to use capital losses (up to a maximum of $3,000) to offset this income. Capital losses in excess of $3,000 will be carried over the next year.
Figuring a child's capital loss carryover:
The amount the child's capital loss carryover is the amount of the child's total net capital loss that is more than the lesser of:
-
The child's allowable capital loss deduction for the year, or
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The child's taxable income increased by the child's allowable capital loss deduction for the year.
If deductions are more than income for the tax year, use your negative taxable income in computing the amount in item (2).
Note: If the child has a capital loss carryover, it is recommended that a return be filed even if no return is required to be filed.
Example: For 2005, a child had $1,000 of interest income and a $5,000 capital loss from the sale of stock. The child's taxable income is ($2,800) computed as follows:
| Interest | $1,000 |
| Allowable capital loss | ($3,000) |
| Standard deduction | ($800) |
| Taxable income | ($2,800) |
| Net capital loss | $5,000 |
| Minus the lesser of: | |
| (1) $3,000, or | |
| (2) Taxable income, ($2,800) + allowable capital loss, $3,000 | $200 |
| Capital loss carryover to 2006 | $4,800 |
To figure any capital loss carryover to 2005 use the Capital Loss Carryover Worksheet in the 2004 instructions for Schedule D. To figure the carryover now, see IRS Publication 550, Investment Income and Expenses.