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Taxes

Net Investment Income Tax: Do You Owe the 3.8%?

The net investment income tax is an extra 3.8% on interest, dividends, capital gains and rents for people whose modified AGI is above $200,000 ($250,000 on a joint return). It applies to the smaller of your investment income or the amount you're over the line. Enter your income to see if you owe it.

IRS NIIT rules Verified October 23, 2026

Your details

$

Interest, dividends, capital gains, rents, royalties, passive business income — minus related expenses.

$

Wages, pensions, IRA and 401(k) withdrawals, Roth conversions, taxable Social Security.

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Net investment income tax

$1,140

3.8% of $30,000 — the smaller of your investment income or the $30,000 your MAGI is over $250,000.

Threshold

$250,000

fixed since 2013

MAGI

$280,000

Taxed at 3.8%

$30,000

IRA withdrawals aren't investment income — but they still trigger it

RMDs, IRA withdrawals and Roth conversions aren’t subject to the 3.8% themselves, but they raise MAGI, which can expose your dividends and gains to it.

Show the math

NIIT = 3.8% × the lesser of net investment income or MAGI above $200,000 (single, head of household), $250,000 (joint, qualifying surviving spouse) or $125,000 (married filing separately). The thresholds are set in law and never adjusted for inflation. Gains from selling a main home within the $250,000/$500,000 exclusion, Social Security, and retirement plan distributions are not investment income.

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NIIT Threshold: $200,000 Single, $250,000 Joint, Never Indexed

The thresholds were written into law in 2013 and have never been adjusted for inflation, so more retirees cross them every year. (IRS: Net Investment Income Tax)

Filing status MAGI threshold
Single, head of household $200,000
Married filing jointly, qualifying surviving spouse $250,000
Married filing separately $125,000

The tax is 3.8% of whichever is smaller: your net investment income, or your MAGI minus the threshold.

House keys for a rental property
Photo: Jakub Zerdzicki / Pexels

What counts as net investment income?

Investment income minus related expenses. The surprise for retirees is what raises MAGI without being taxed itself: IRA withdrawals and Roth conversions don't owe the 3.8%, but they can push the dividends you already have over the line.

Counts Doesn't count
Interest, dividends Social Security
Capital gains, including mutual fund distributions IRA, 401(k) and pension payouts
Rents and royalties Home-sale gain within the exclusion
Passive business income Tax-exempt municipal interest
Investment portfolio documents on a table
Photo: Hanna Pad / Pexels

An example

A married couple with $190,000 of pensions and IRA withdrawals and $90,000 of investment income has MAGI of $280,000 — $30,000 over the line. The NIIT is 3.8% of $30,000, or $1,140 (IRS Topic 409).

Our take: one-time sales are where retirees get caught

Selling a rental, a business or a big stock position can trigger the tax in a single year. Spread sales across tax years, offset gains with losses, or time them for a year with less IRA income. See how much is taxed at 0% on the capital gains tax over 65 calculator, the Medicare impact on the IRMAA calculator, and the whole year on the retirement tax calculator.

Frequently asked questions

Do trusts and estates pay it?

Yes, and at a much lower threshold: the income level where the top trust tax bracket starts, which is far below the individual thresholds.

Which form reports it?

Form 8960, Net Investment Income Tax, filed with your Form 1040. The total carries to Schedule 2.

Do states have their own version?

No state copies the 3.8% NIIT, but most states tax investment income as part of regular income.

Does selling my home trigger it?

Only the part of the gain above the $250,000 ($500,000 joint) home-sale exclusion counts as investment income.

Sources

Primary sources only. We re-check them whenever an agency publishes new figures.

  1. IRS
  2. IRS

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