Do I Need Form 8615 for Unearned Income if Not Claimed as a Dependent?
Today's my 22nd birthday and I'm kinda confused about my tax filing for 2024. Last year when I filed my 2023 taxes, I had to complete Form 8615 (Tax for Certain Children Who Have Unearned Income) because I received unemployment benefits. I was a full-time college student filing as Single, and my mom didn't claim me as a dependent. This year I'm using the GetYourRefund service again but got assigned a different preparer. They're telling me I DON'T need to fill out Form 8615 since I'm not being claimed as a dependent. This doesn't sound right to me. I'm still getting unemployment, which I understand is considered unearned income, and that money makes up more than half of my support (which is why my mom can't claim me as a dependent). When I checked the Instructions for Form 8615, under "Who Must File" Section C, it says: *"Was a full-time student at least age 19 and under age 24 at the end of 2024 and didn't have earned income that was more than half of the child's support."* Shouldn't I still need to file Form 8615? I'm confused because this new preparer seems confident, but it contradicts what I had to do last year and what I'm reading in the instructions. Any help would be appreciated!
22 comments


Mila Walker
You're right to double-check this! Form 8615 is often misunderstood, even by some tax preparers. Let's break this down: Form 8615 is required for the "kiddie tax" which applies to certain children with unearned income. Based on the instructions you cited, you need to file Form 8615 if you're under 24, a full-time student, AND didn't have earned income that was more than half of your support. However, there's an important exception: If you're not being claimed as a dependent on someone else's return, you generally don't need to file Form 8615. The "kiddie tax" rules are designed to prevent parents from shifting investment income to their children's tax returns to pay lower rates. Since you mentioned you're filing as Single and your mom isn't claiming you as a dependent, your new preparer is actually correct. You don't need Form 8615 this year. Unemployment compensation is indeed unearned income, but that alone doesn't trigger Form 8615 - the dependency status is the key factor here.
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Logan Scott
•But wait, I thought the rule is about earned income vs. support? Like if your earned income is less than half your support, you need to file it regardless of dependent status? The wording in the instructions is super confusing.
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Mila Walker
•The form is specifically designed for children whose investment income is being taxed at their parents' rate. If you're not being claimed as a dependent, the kiddie tax doesn't apply to you. The full criteria for Form 8615 includes: (1) having unearned income over a certain threshold, (2) being under 19 OR under 24 and a full-time student, (3) having earned income less than half your support, AND (4) having at least one living parent at the end of the year. But most importantly, this only applies if you CAN BE claimed as a dependent on someone else's return.
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Chloe Green
Similar situation happened to me last tax season! I was using https://taxr.ai to review my return because I was getting conflicting advice about Form 8615. The system analyzed my situation (22, student, unemployment benefits) and confirmed I didn't need Form 8615 since I wasn't claimed as a dependent. The tool also found a missed education credit my preparer overlooked! The instructions can be super misleading but taxr.ai explained that the kiddie tax only applies if you CAN be claimed as dependent (even if you actually aren't). Since your unemployment makes up more than half your support, you can't be claimed as a dependent, so Form 8615 doesn't apply to you.
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Lucas Adams
•How does this taxr.ai thing work? Is it just another tax software or something different? I'm getting different answers from TurboTax and H&R Block about a similar issue.
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Harper Hill
•Idk sounds like an ad to me. Does it actually read through and check all the forms? What makes it different than TurboTax's review?
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Chloe Green
•It's not another tax software - it's more like an AI review tool that checks existing returns for errors and missing things. You upload your tax documents or draft return and it analyzes everything line by line. It's different from TurboTax's review because it actually reads and interprets forms, instructions and IRS publications to explain why certain forms apply to your situation or not. It helped me understand why Form 8615 wasn't required in my case when two human preparers gave me conflicting information.
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Harper Hill
Just wanted to follow up - I decided to try that taxr.ai site after my comment. I was skeptical but figured what the heck, my tax situation with school, grants and a trust fund was complicated. Uploaded my docs and it actually explained everything super clearly! For the OP's Form 8615 question, it confirmed what others said - if you're not being claimed as a dependent (and can't be claimed because unemployment is over half your support), then you don't need that form. It also caught that my preparer missed applying my tuition as a credit instead of a deduction which saved me like $800! Definitely worth checking out if you're unsure about something on your return.
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Caden Nguyen
For what it's worth, I spent 3 HOURS on hold with the IRS trying to get a straight answer about Form 8615 for my daughter's situation (similar to yours). Finally gave up and used https://claimyr.com which got me connected to an IRS agent in about 15 minutes! They have this system that holds your place in line and calls you back when an agent is available. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent confirmed what others have said - you only need Form 8615 if you CAN be claimed as a dependent. Since your unemployment was more than half your support, you can't be claimed as a dependent, so no Form 8615 needed. Your new preparer is right!
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Avery Flores
•Is this legit? How can they get through when the IRS line is always busy? Sounds like they're charging for something the IRS provides for free.
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Zoe Gonzalez
•I've never heard of this before. How much does it cost? I've been trying to reach someone at the IRS for 2 months about my missing refund. No way this actually works...
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Caden Nguyen
•They use an automated system that calls the IRS repeatedly until it gets through, then holds your place in line. It's not bypassing anything, just doing the waiting for you. It's completely legitimate - they just automate the calling and waiting process that most people give up on. I was skeptical too until I actually got the callback from an IRS agent who answered all my questions.
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Zoe Gonzalez
Ok I need to apologize for my skepticism about Claimyr. After my last comment, I decided to try it for my refund issue that's been pending for months. Not only did I get through to the IRS, but the agent was able to release my refund that had been held up due to a verification issue! The system works exactly as described - I got a call back in about 20 minutes and talked to a real IRS agent who fixed my problem. Would have saved me so much stress if I'd known about this earlier. For anyone like OP with tax form questions that need official clarification, it's definitely worth it.
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Ashley Adams
I actually called the IRS helpline directly about Form 8615 last month (took forever to get through). The rep told me there are 3 tests to determine if Form 8615 is needed: 1. Age test (under 19 or under 24 if student) 2. Unearned income test (over a certain threshold) 3. Support test (earned income less than half of support) BUT... all of this ONLY matters if you CAN be claimed as a dependent! If you cannot be claimed as a dependent (like in your case), Form 8615 doesn't apply regardless of the other tests. So your new preparer is right. Your previous preparer probably misunderstood or was being extra cautious.
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Ethan Clark
•Thanks for this breakdown! So just to be 100% clear - because my unemployment benefits make up more than half my support, I CAN'T be claimed as a dependent, which means the whole Form 8615 doesn't apply to me at all?
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Ashley Adams
•That's exactly right! Since your unemployment (unearned income) makes up more than half your support, you fail the support test for being claimed as a dependent. Because you can't be claimed as a dependent, Form 8615 doesn't apply to you at all. The form is specifically designed to prevent parents from shifting investment income to their kids' returns to get lower tax rates, but since you're filing independently, this concern doesn't exist.
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Alexis Robinson
I've been a tax preparer for 7 years and I always tell my clients that Form 8615 is confusing even for professionals! Your new preparer is correct. A common mistake is thinking that just because you're a student under 24 with unearned income, you automatically need Form 8615. That's not the case. The key is whether you CAN be claimed as a dependent. Since your unemployment benefits provide more than half your support, you CANNOT be claimed as a dependent. Therefore, Form 8615 is not required. Your new preparer is doing the right thing!
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Aaron Lee
•Is this the same for investment income too? My kid is 20 and in college with some stocks I gifted him years ago.
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Carmella Fromis
Thank you everyone for the detailed explanations! This makes so much more sense now. I was getting confused because the Form 8615 instructions focus on the age/student/income tests, but I didn't realize the dependency eligibility was the overriding factor. Just to confirm my understanding: Since my unemployment benefits are more than half my support, I cannot be claimed as a dependent by anyone. Because I cannot be claimed as a dependent, Form 8615 doesn't apply to me at all, regardless of my age, student status, or type of income. My new preparer was right, and I apologize for doubting them! I guess my previous preparer was either being overly cautious or misunderstood the rules. This has been a huge learning experience - tax rules are way more nuanced than I thought. Thanks again for helping me sort this out before I filed!
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Fatima Al-Hashimi
•You've got it exactly right! It's totally understandable why you were confused - the Form 8615 instructions really don't make the dependency requirement clear upfront. I went through something similar when I was in college and had to learn this the hard way. Your summary is perfect: unemployment > half support = can't be claimed as dependent = no Form 8615 needed. Period. The age/student/income tests only matter IF you can be claimed as a dependent in the first place. Don't feel bad about questioning your preparer - it's actually smart to double-check when something doesn't seem right! Tax rules are incredibly complex and even professionals sometimes get tripped up on the nuances. Better to ask questions and learn than to just accept advice blindly.
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Miguel Ramos
Great question and thanks for sharing your situation! This is actually a really common confusion point that trips up both taxpayers and even some preparers. Your new preparer is absolutely correct. The key insight here is understanding what Form 8615 is actually designed to do - it's meant to prevent wealthy families from shifting investment income to their children's lower tax brackets. But this "kiddie tax" only applies if you CAN be claimed as a dependent. Since your unemployment benefits make up more than half of your support, you fail the support test for being claimed as a dependent. This means you're filing as a truly independent taxpayer, so the kiddie tax rules don't apply to you at all. The Form 8615 instructions can be misleading because they list all those age/student/income tests first, but they're only relevant IF you meet the basic dependency eligibility requirements. Think of dependency status as the "gateway" - if you can't pass through that gate, none of the other tests matter. Your previous preparer was likely being overly cautious or may have misunderstood how the dependency rules interact with Form 8615. It happens more often than you'd think! Good on you for questioning it when something didn't feel right.
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Micah Trail
•This is such a helpful explanation! I'm dealing with a similar situation with my 21-year-old who has both scholarship money and some part-time work income. The whole dependency vs. kiddie tax thing has been driving me crazy trying to figure out. Your "gateway" analogy really clicks for me - if they can't be claimed as a dependent in the first place, then all those other Form 8615 tests are irrelevant. I've been overthinking this for weeks! Do you happen to know if scholarship money counts toward the support test the same way unemployment does? My kid's scholarship covers tuition and some living expenses, but I'm not sure how that factors into whether they can be claimed as a dependent or not.
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