Certain unearned income of children taxed as if parent’s income

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(1) In general

In the case of any child to whom this subsection applies, the tax imposed by this section shall be equal to the greater of—

(A) the tax imposed by this section without regard to this subsection, or

(B) the sum of—

(i) the tax which would be imposed by this section if the taxable income of such child for the taxable year were reduced by the net unearned income of such child, plus

(ii) such child’s share of the allocable parental tax.

(2) Child to whom subsection applies

This subsection shall apply to any child for any taxable year if—

(A) such child—

(i) has not attained age 18 before the close of the taxable year, or

(ii)

(I) has attained age 18 before the close of the taxable year and meets the age requirements of section 152 (c)(3) (determined without regard to subparagraph (B) thereof), and

(II) whose earned income (as defined in section 911 (d)(2)) for such taxable year does not exceed one-half of the amount of the individual’s support (within the meaning of section 152 (c)(1)(D) after the application of section 152 (f)(5) (without regard to subparagraph (A) thereof)) for such taxable year,

(B) either parent of such child is alive at the close of the taxable year, and

(C) such child does not file a joint return for the taxable year.

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