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Personal Tax5 min readMar 17, 2026

What Is the Net Investment Income Tax?

High earners with investment income may owe an additional 3.8% Net Investment Income Tax (NIIT). Here's how it works and strategies to minimize it.

Net Investment Income Tax (NIIT)

What Is the NIIT?

A 3.8% additional tax on net investment income for taxpayers above certain income thresholds.

Who Owes It?

Income thresholds (not inflation-adjusted):

  • Single: $200,000
  • Married Filing Jointly: $250,000
  • Married Filing Separately: $125,000

Tax applies to the lesser of:

  • Net investment income, OR
  • Modified AGI over the threshold

What Is Net Investment Income?

  • Interest, dividends, and capital gains
  • Rental income (unless real estate professional)
  • Passive business income
  • Royalties
  • Annuity income

What Is NOT Net Investment Income?

  • W-2 wages
  • Active business income
  • Social Security and pension income
  • IRA, 401(k) distributions

Combined Impact

High earners may face:

  • 23.8% on long-term capital gains (20% + 3.8% NIIT)
  • Up to 40.8% on short-term gains (37% + 3.8% NIIT)

Minimizing NIIT

  • Increase active participation in rental activities (real estate professional status)
  • Invest in municipal bonds (tax-exempt interest not subject to NIIT)
  • Maximize retirement contributions to reduce MAGI
  • Roth conversions in lower-income years

High investment income? The NIIT can be a significant additional cost — planning is essential.

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