Beginning in 2013, pursuant to the Affordable Care Act, a new 3.8 percent net investment income tax (NIIT) applies to taxpayer’s with a modified adjusted gross income (MAGI) above the applicable thresholds below (not indexed for inflation).
- Single filers – $200,000
- Married filing jointly (including surviving spouses) – $250,000
- Married filing separately – $125,000
- Head of household (with qualifying person) – $200,000
- Trusts and estates – $11,950 (for 2013) on undistributed net investment income
Investment income generally includes gross income from the following sources:
- Interest, dividends, non-qualified annuities and royalties
- Rents (unless received in the ordinary course of a trade or business which is not a passive activity)
- Capital gains on stocks, bonds, mutual funds and investment real estate (including a second home)
- Income from a passive activity trade or business
However, the aforementioned gross investment income items are reduced by certain expenses/deductions to arrive at the amount subject to the 3.8% NIIT. The following expenses properly allocable to items of gross investment income include:
- Investment interest expense (to the extent allowed as an itemized deduction)
- Investment advisory and tax preparation fees
- Expenses related to rental and royalty income
- Business deductions allocable to a passive activity trade or business
- State and local income taxes
- Penalties on early withdrawal of savings
- Capital losses and capital loss carryovers to the extent of gains on stocks, bonds, mutual funds and investment real estate
For example, if a married couple filing jointly has $200,000 of wage income and $100,000 of interest and dividend income after allocable deductions (MAGI totaling $300,000), the 3.8% tax on net investment income applies to the $50,000 (the amount over the $250,000 MAGI threshold).
There are many tax planning ideas that should be considered by taxpayers subject to the 3.8% NIIT. A few of the more prevalent considerations are as follows:
- Tax loss harvesting becomes more important, especially for taxpayers in the new 39.6% tax bracket
- Tax exempt income investments may be more desirable
- Owners of pass-through entities may want to take action to materially participate
- Aggregation tax election for taxpayer with multiple rental properties may be necessary
This is only a brief overview of the 3.8% NIIT and is not intended to be exhaustive, so please contact us to discuss the various tax planning strategies available to your unique situation.
-John Scaglione, RTRP