Net Investment Income Tax

Learn the 3.8% surtax on investment income for high earners and the moves that shrink or avoid it.

TL;DR

  1. Add 3.8% NIIT on investment income once your MAGI clears the line.
  2. Tax the lesser of your netInvestmentIncome or your MAGI overage.
  3. Shrink it by lowering MAGI or harvesting investment losses.

What the NIIT Is

    A 3.8% Surtax

    Added on top of your regular tax on investment income.

    3.8% extra
    Funds Medicare

    Enacted in 2013 as part of the Affordable Care Act.

    Also called the Medicare surtax
    Filed on Form 8960

    You calculate and report it with your return.

    Not withheld from paychecks
    Frozen Thresholds

    The income lines have not changed since 2013.

    No inflation adjustment

2026 Thresholds

    Single

    The MAGI line for single and head of household filers.

    $200,000
    Married Filing Jointly

    The line for couples filing one return together.

    $250,000
    Married Filing Separately

    A lower line for spouses filing apart.

    $125,000
    The Lesser Of

    Tax hits the smaller of income or your overage.

    min(NII, MAGI over line)

In or Out of NII

    Counts

    Interest, dividends, gains, and passive rents.

    Interest, dividends, gains, rents
    Excluded

    Wages, self-employment, and IRA withdrawals.

    Wages, SE, IRA/401(k) payouts
    Raises MAGI Anyway

    Excluded income can still push you over the line.

    RMDs lift MAGI, not NII
    Fully Free

    Municipal bond interest avoids both taxes.

    Muni interest = out of NII

Shrink the Surtax

    Lower MAGI

    Pre-tax contributions drop the income side.

    Max 401(k) / SEP-IRA
    Harvest Losses

    Losses reduce the net investment income side.

    Losses cut NII and gains tax
    Convert Early

    Roth money is not investment income later.

    Roth withdrawals aren't NII
    Project Year-End

    Estimate MAGI to see if a small move clears the line.

    A little under = no NIIT

Tips

  1. A pre-tax 401(k) or HSA contribution that drops your MAGI below the threshold can erase the NIIT entirely, since it taxes the smaller amount.
  2. Harvest capital losses to reduce your netInvestmentIncome, which cuts both regular capital gains tax and the 3.8% surtax.

Warnings

  1. The NIIT thresholds have not moved since 2013, so inflation alone pulls more people into NIIT range every year.
  2. Stacked on the top rate, long-term gains can reach a 23.8% effectiveRate once the 3.8% surtax applies.

In Practice

FAQ