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This is a great reminder that many should be filing, even if no requirement. We have been doing so for quite some time for our disabled daughter, for this very reason (sets the clock). She does a small amount of paid work for me each year, so her income is <$500. Once she is no longer subject to means testing, she will hopefully have assets and income which will trigger required filing, so we want to prevent look back issues once her first "major" return gets filed.

Thanks Judy. That was my thinking too. I'll advise the client so and probably file. She was advised by the broker rep that she may have to file and pay some tax.

In determining gross income for the filing requirement, gains but not losses are used in that determination. It is not the proceeds, but the gain that is taken into consideration. That being said, even when the basis is reported to IRS and no gain exists, the AUR will be using the sale side only and this new client may receive a CP2000 in about 18 months. You should explain the filing requirement to the client, and personally I'd advise this client to file a return to avoid the notice. Even without an extension, there shouldn't be any penalties assessed since no tax is due and the client doesn't actually have a filing requirement. If penalties are assessed, those should be easily explained and abatement requested. Filing also establishes the statute of limitations date in the event that you are missing some piece of income from this new the client. What about a state filing requirement?

They got a letter even with basis reported? Are you sure? That defeats the whole purpose of the reporting mandate.

I would file the return for the child. IRS is not good at picking up cost basis on stock sales. I think we have all seen the letter from the IRS with gross proceeds and no basis added to a return when a client "forgot" to tell us about stock trades that produced no income or a loss. IMHO, you will be doing the clients a favor by filing the return. You may be dealing with a letter in a year or so if you don't. And it may come back as a letter to the parents on why they did not include the gross income as kiddie tax on the parents return. I would also only charge a very minimal fee for filing the return and add it to the parents invoice. But that is just me. Tom Longview, TX

Thank you. Item 3 on the link defines the "gain" and not the "selling price."