When did net investment income tax start?
Effective Jan. 1, 2013, individual taxpayers are liable for a 3.8 percent Net Investment Income Tax on the lesser of their net investment income, or the amount by which their modified adjusted gross income exceeds the statutory threshold amount based on their
All About the Net Investment Income Tax
More specifically, this applies to the lesser of your net investment income or the amount by which your modified adjusted gross income (MAGI) surpasses the filing status-based thresholds the IRS imposes. The NIIT is set at 3.8% for 2024, as it was for 2023.
A Medicare surtax of 3.8% is charged on the lesser of (1) net investment income or (2) the excess of modified adjusted gross income over a set threshold amount. The threshold is $250,000 for joint filers, $125,000 for married filing separately, and $200,000 for all other filers.
Net investment income is income received from assets (before taxes) including bonds, stocks, mutual funds, loans, and other investments (less related expenses). NII is subject to a 3.8% tax for individuals with an NII and MAGI above certain thresholds.
If your income is high enough to trigger the NIIT, shifting some income investments to tax-exempt bonds could result in less exposure to the tax. Tax-exempt bonds lower your MAGI and avoid the NIIT. Dividend-paying stocks are taxed more heavily as a result of the NIIT.
Not everyone will need to pay the NIIT, and only those above certain income thresholds will be subject to it. The IRS statutory income thresholds are as follows: Married filing jointly — $250,000. Married filing separately — $125,000.
However, with proactive planning, you may be able to reduce the amount you owe on your 2024 federal income tax return. The 3.8% NIIT is applied to the lesser of: The amount by which your modified adjust gross income (MAGI) exceeds the applicable threshold, or. Your net investment income.
Wages, self-employment income, unemployment compensation, business income from nonpassive sources, Social Security benefits, tax-exempt interest, and qualified pension, annuity, and individual retirement account distributions are excluded when calculating the net investment income tax.
This net investment income tax also applies to certain trusts and estates. It does not apply to corporations and other “active” businesses. It does not apply to trusts associated with IRAs or pension plans.
How do I avoid the Medicare 3.8% surtax? You can potentially dodge the Medicare 3.8% surtax by keeping your modified adjusted gross income (MAGI) below the threshold.
How do I avoid 3.8% investment tax?
Sell investments at a loss to offset investment gains. Defer capital gain, such as selling the investment in the future instead of selling it now. Use Section 1031 like-kind exchange which is selling an investment property and using that money to buy another investment property.
As an investor, you may owe an additional 3.8% tax called net investment income tax (NIIT). But you'll only owe it if you have investment income and your modified adjusted gross income (MAGI) goes over a certain amount.
In order for Advisory and Brokerage fees to be deductible on form 8960 (Net Income investment tax) they must be deductible on Schedule A. However due to the Tax Cuts and Jobs Act of 2017 (TCJA ) ,Advisory and Brokerage fees are no longer deductible (suspended for tax years 2018 to 2025) .
Although distributions from a traditional IRA aren't subject to NIIT, they do increase your modified adjusted gross income, which can trigger or increase the NIIT. This is true for the conversion to a Roth IRA. Distributions from Roth IRAs are excluded from gross income, so they aren't subject to NIIT.
Because gain from the sale of personal goodwill is income from a personally developed intangible asset that is not passive income, and, generally, income from personal service activities is not passive, the gain from the sale of personal goodwill should not be subject to the net investment income tax.
The net investment income tax is a 3.8% surtax that is paid in addition to regular income taxes. But not everyone who makes income from their investments is impacted. It only applies to incomes that are above the thresholds highlighted above.
Enacted as part of the Affordable Care Act health-care expansion, the 3.8% net investment income tax applies to capital gains, interest, dividends, rents and more once your so-called modified adjusted gross income, or MAGI, exceeds certain thresholds.
The NIIT is equal to 3.8% of the net investment income of individuals, estates, and certain trusts. Net investment income includes interest, dividends, annuities, royalties, certain rents, and certain other passive business income not subject to the corporate tax.
The net investment income tax (NIIT) is a 3.8-percent tax on the smaller of your net investment income or the amount that your modified adjusted gross income exceeds the tax's thresholds.
Individuals who pay net investment income tax also pay capital gains tax. But, not all individuals who pay capital gains tax owe NII tax. Think of it this way: workers pay Medicare tax on their wages. And, some high-earning workers pay additional Medicare tax on their wages above a certain threshold.
Do I have to pay taxes on investment income?
Most investment income is taxable. But your exact tax rate will depend on several factors, including your tax bracket, the type of investment, and (with capital assets, like stocks or property) how long you own them before selling.
Under the TCJA, the tax rates are 10%, 12%, 22%, 24%, 32%, 35%, and 37%. On January 1, 2026, the rates return to their pre-TCJA amounts of 10%, 15%, 25%, 28%, 33%, 35%, and 39.6%. The income brackets to which those rates are to apply will also be different and are adjusted for inflation each year.
Filing status | MAGI threshold |
---|---|
Single | $200,000. |
Married filing jointly | $250,000. |
Married filing separately | $125,000. |
Head of household (with qualifying person) | $200,000. |
The preferential tax rates on long-term capital gains and qualified dividends remained unchanged after the TCJA went into effect in 2018. Therefore, they'll remain unchanged after the tax rates sunset in 2026 as well. The same goes for the 3.8% net investment income tax that's in place.
While depreciation recapture is taxed purely based on the difference between the tax basis after claimed depreciation, NIIT is taxed on the entire gain of a sale.
References
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