What is the tax rate for NIIT? (2024)

What is the tax rate for NIIT?

A 3.8 percent net investment income tax (NIIT) applies to individuals, estates, and trusts that have net investment income above applicable threshold amounts.

Who pays the 3.8% net investment tax?

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.

What is the NIIT tax rate for 2024?

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.

How do you calculate net investment tax?

How Do I Calculate My Net Investment Income Tax? You can use IRS Form 8960 to calculate your net investment income tax. You can also calculate it yourself by adding together all your investment income and subtracting any related fees and expenses. Then determine your modified adjusted gross income.

At what income does the 3.8 surtax kick in?

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.

How do I avoid 3.8% investment tax?

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.

What income is subject to 3.8 net investment tax?

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.

What is exempt from NIIT tax?

The NIIT applies to income from a trade or business that is (1) a passive activity, as determined under § 469, of the taxpayer; or (2) trading in financial instruments or commodities, as determined under § 475(e)(2). The NIIT doesn't apply to wages, unemployment compensation, or income from a nonpassive business.

Who has to pay NIIT tax?

The net investment income tax (NIIT) is a 3.8% tax that kicks in if you have investment income and your income exceeds $200,000 for single filers, $250,000 for those married filing jointly or $125,000 for those married filing separately.

Are IRA distributions subject to NIIT?

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.

Is goodwill 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.

Is the sale of rental property subject to NIIT?

The gain from the sale of rental property is also subject to NIIT unless the rental activity is part of an active trade or business. If the real estate activity is considered a passive activity, any gain on the sale of property would generate gain that would be subject to the net investment income tax.

How do I avoid tax on CD interest?

Open your CD as part of a retirement account

With a traditional IRA, investments are made on a pre-tax basis. So, your income taxes will be deferred until you tap into your IRA in retirement. If you opt for a Roth IRA, your money grows tax-free.

What capital gains are not subject to NIIT?

Net investment income generally does not include wages, unemployment compensation, Social Security Benefits, alimony, and most self-employment income. Additionally, net investment income does not include any gain on the sale of a personal residence that is excluded from gross income for regular income tax purposes.

Does NIIT apply to short term capital gains?

Yes NIIT includes capital gain regardless of duration (but not the excluded amount on sale of your home), and no Additional Medicare Tax (like normal FICA/SECA) does not include any investment income.

Is a Medicare tax of 3.8 percent on net investment income?

The Medicare surtax applies to taxpayers above certain income thresholds. If the surtax applies to you, you'll owe an additional 3.8% tax rate on your investment income.

Do you pay net investment income tax on sale of home?

The NIIT is not a sales tax. It applies, if at all, only to profits from a home sale, not to gross proceeds. And it doesn't apply to profits eligible for the Internal Revenue Code Section 121 home sale exclusion.

What is the net investment income tax for 8960?

The tax explained

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. See how much NIIT you owe by completing Form 8960.

Do you pay net investment income tax on Roth conversion?

The 3.8% net investment income tax

The amount you convert from a traditional account to a Roth account is treated as income—just like all taxable distributions from pretax qualified accounts.

Is sale of second home subject to NIIT?

However, gain that exceeds the exclusion limit is subject to the tax if your adjusted gross income is over a certain amount. Gain from the sale of a vacation home or other second residence, which doesn't qualify for the exclusion, is also subject to the NIIT.

Why are capital losses limited to $3000?

The $3,000 loss limit is the amount that can be offset against ordinary income. Above $3,000 is where things can get complicated.

Does NIIT apply to depreciation recapture?

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.

Does NIIT apply to 401k?

Not Direclty but Indirectly. A solo 401k is a qualified plan so no net Investment income tax (NIIT) does not apply to solo 401k distributions or conversions (e.g., the conversion for pretax solo 401k funds to the Roth solo 401k or to a Roth IRA).

What is the tax rate for capital gains?

Capital gains can be subject to either short-term tax rates or long-term tax rates. Short-term capital gains are taxed according to ordinary income tax brackets, which range from 10% to 37%. Long-term capital gains are taxed at 0%, 15%, or 20%.

Is the sale of my S Corp stock subject to NIIT?

Depending on the level of involvement in the S-corporation, the selling shareholder(s) may also be subject to the 3.8% net investment income (NII) tax on passive activity. If a shareholder can show active participation in the company, then the gain is exempt from NII tax.

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