What the net investment income tax is
The net investment income tax (NIIT) is an extra 3.8% federal tax on investment income for people with higher incomes. It's figured on Form 8960 and added to your regular income tax. It applies to the smaller of two amounts: your net investment income, or how much your modified adjusted gross income (MAGI) is over the threshold for your filing status.
| Filing status | MAGI threshold |
|---|---|
| Married filing jointly or qualifying surviving spouse | $250,000 |
| Married filing separately | $125,000 |
| Single or head of household | $200,000 |
These thresholds are written into the law and aren't adjusted for inflation, so the same numbers apply in 2025 and 2026.
How it's calculated
Net investment income includes interest, dividends, capital gains, rents and royalties, non-qualified annuities, and income from passive businesses or from trading financial instruments, minus the expenses that go with them. It doesn't include wages, self-employment income from a business you actively run, unemployment, Social Security, tax-exempt interest, or the part of a home-sale gain you can exclude.
Worked example
A single filer has MAGI of $250,000, including $80,000 of dividends and capital gains. MAGI is $50,000 over the $200,000 threshold. The smaller of $80,000 and $50,000 is $50,000, so the NIIT is 3.8% × $50,000 = $1,900. If the same person had only $30,000 of investment income, the tax would be 3.8% × $30,000 = $1,140.
Limitations
- MAGI for the NIIT is AGI plus foreign earned income you excluded; it isn't the same MAGI used for IRAs or the SALT cap.
- Gains inside IRAs and 401(k)s aren't net investment income, but taxable distributions from them do raise your MAGI.
- Estates and trusts use a different threshold and aren't covered here.
- To see the regular tax on gains as well, use the capital gains tax calculator.
Sources
- IRS Topic 559, Net investment income tax – 3.8%, the lesser-of rule, thresholds, what's included and excluded
- Form 8960 and instructions – the form used to figure it