The 3.8% Net Investment Income Tax became effective Jan. 1, 2013, and applies to all taxpayers whose income exceeds a certain threshold amount, thereby raising the marginal income tax rate for affected taxpayers. NIIT includes interest, dividends, annuity distributions, rents, royalties, passive activity income and net capital gain from the disposition of property; it excludes salary, wages, IRA distribution from qualified plans, self-employment income, gain on sale of an active interest in a partnership or S corporation and items which are otherwise excluded or exempt from income under tax law. The threshold amount is the key factor in determining NIIT; thresholds are not inflation protected.
Strategies for reducing net investment income include municipal bonds, tax deferred annuities, life insurance, rental real estate, oil and gas investments, choice of accounting year for estate/trust and timing of estate/trust distributions. Strategies for reducing modified adjusted gross income include Roth IRA conversion, CRTs, non-grantor CLTs, and installment sales. Join Robert Keebler, CPA of Keebler & Associates LLP in this podcast as he walks you through year-end planning for the 3.8% NIIT. Visit the AICPA PFP Section’s Post American Taxpayer Relief Act and NIIT Toolkit for more in-depth resources on planning in preparation for year-end. (Email subscribers can listen to the podcast on our website.)