The Net Investment Income Tax (NIIT) is a federal tax that applies to certain types of investment income for high-income earners. It was introduced in 2013 as part of the Affordable Care Act to help fund Medicare expansion and applies at a rate of 3.8%. This tax is imposed in addition to any regular income taxes you owe on your investment income.
Key Takeaways
- The NIIT is a 3.8% tax on investment income for high-income earners.
- It applies to individuals with MAGI over $200,000 (single) or $250,000 (married).
- NIIT covers interest, dividends, capital gains, and rental income, but excludes wages and retirement distributions.
- Strategies like tax-loss harvesting and tax-exempt bonds can reduce your NIIT liability.
Who Pays the NIIT?
The NIIT applies to individuals, estates, and trusts whose modified adjusted gross income (MAGI) exceeds certain thresholds:
- $200,000 for single filers
- $250,000 for married couples filing jointly
- $125,000 for married individuals filing separately
- $200,000 for head of household (with qualifying person)
- $250,000 for qualifying widow(er) with dependent child
If your income surpasses these limits, the NIIT is levied on the lesser of:
- Your net investment income.
- The amount your MAGI exceeds the threshold for your filing status.
See How to Calculate Capital Gains on a House Sale for an example of calculating the NIIT.
What Qualifies as Investment Income?
The types of income subject to the NIIT include:
- Interest
- Dividends
- Capital gains (such as the profits from selling real estate or investments)
- Rental and royalty income
- Non-qualified annuities
- Income from businesses that are considered passive activities for the taxpayer
If you sell a home and the capital gains surpass the exclusion limits ($250,000 for single filers, $500,000 for married couples), the portion of the gains that is taxable could be subject to the 3.8% NIIT.
Key Exclusions
Certain types of income are not subject to the NIIT:
- Wages and salaries
- Distributions from qualified retirement plans like 401(k)s or IRAs
- Social Security benefits
Planning for the NIIT
Taxpayers with high incomes and significant investment portfolios can take steps to minimize the NIIT. Strategies include:
- Tax-loss harvesting, which involves selling investments at a loss to offset gains
- Investing in tax-exempt municipal bonds, which are not subject to the NIIT
- Properly timing sales of capital assets to spread out income across multiple years
By understanding how the net investment income tax works, you can better anticipate the taxes you may owe when selling investments or a home and can plan accordingly to reduce your tax burden.
For more details on the NIIT, see the IRS page Basics of the Net Investment Income Tax ↗.
And remember, it’s always a great idea to chat with your financial or tax advisor to make sure your decisions are right on track and aligned with the latest guidelines and laws.