Who pays the 3.8% tax?
The 3.8% net investment income (NII) tax is broader than most taxpayers think. It applies to single filers with modified adjusted gross incomes over $200,000, joint filers with modified adjusted gross incomes (AGIs) over $250,000, and married people filing separately with modified AGIs above $125,000.
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.
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.
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.
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 filing status.
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.
Created as part of the Health Care and Education Reconciliation Act to fund healthcare reform in 2010, the net investment income tax (NIIT) is a 3.8% surtax that typically applies only to high earners with considerable investment income.
The Net Investment Income Tax is imposed by section 1411 of the Internal Revenue Code. The NIIT applies at a rate of 3.8% to certain net investment income of individuals, estates and trusts that have income above the statutory threshold amounts.
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.
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.
What capital gains are not subject to NIIT?
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.
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 tax applies to taxpayers with modified adjusted gross income (MAGI) in excess of $200,000 if single or head of household and $250,000 if married filing jointly ($125,000 for married filing separately).
A person is liable for the Additional Medicare Tax if their wages, compensation, investment earnings, self-employment earnings, or combined income with their spouse if they're joint fliers exceeds the applicable threshold for the individual's filing status.
Accordingly, the net investment income tax (NIIT) will take a 3.8% bite out of a portion of your investment earnings. There are, however, a number of restrictions on what the NIIT does and doesn't apply to. Take a look through our detailed guide below for more insight.
Social Security income can be taxable no matter how old you are. It all depends on whether your total combined income exceeds a certain level set for your filing status. You may have heard that Social Security income is not taxed after age 70; this is false.
If you claimed 0 and still owe taxes, chances are you added “married” to your W4 form. When you claim 0 in allowances, it seems as if you are the only one who earns and that your spouse does not. Then, when both of you earn, and the amount reaches the 25% tax bracket, the amount of tax sent is not enough.
| Tax Rate | Married Filing Jointly or Qualified Surviving Spouse | Single |
|---|---|---|
| 12% | $23,200 - $94,300 | $11,600 - $47,150 |
| 22% | $94,300 - $201,050 | $47,150 - $100,525 |
| 24% | $201,050 - $383,900 | $100,525 - $191,950 |
| 32% | $383,900 - $487,450 | $191,950 - $243,725 |
Net rental income is generally included in the calculation of NIIT and is therefore subject to the 3.8% surtax. There is an exception if the following three conditions are met: the taxpayer is a real estate professional. the rental activity rises to the level of trade or business; and.
Does selling a house count as income for Obamacare?
You don't need to include a capital gain if it's from the sale of your main home you owned for at least 5 years (and the profit is less than $250,000).
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.
The individual MAGI thresholds for NIIT liability are: $250,000 for joint returns and surviving spouses, $125,000 for married taxpayers filing separate returns and.
2. What is the net investment income tax threshold for 2024? The NIIT thresholds for 2024 are typically $200,000 for single or head of household, $250,000 for married filing jointly, and $125,000 for married filing separately. However, these can be adjusted for inflation, so check the latest IRS updates.
On a positive note, NII does not include tax-exempt bond interest, veterans' and social security benefits, excluded gain from the sale of a principal residence, life insurance proceeds received by reason of an insured's death, lottery winnings, and the tax-free inside buildup of the cash surrender value of life ...
