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LOOK UP THE WORD “nit” in the dictionary and you’ll find a few definitions—none of them particularly positive. Perhaps, then, it’s no surprise that the tax commonly known as NIIT can be a bit of an annoyance.
NIIT is short for net investment income tax. It originated back in 2013 to help pay for the new health care law. The net investment income tax rate is relatively innocuous at 3.8%, and it’s already been on the books for 10 years, so why talk about it now? It’s worth reviewing because Congress employed a sleight of hand when it created the tax. As a result, over the years, it’s been creeping up on more taxpayers.
Specifically, unlike most other taxes, the NIIT isn’t indexed for inflation. When it was created, it applied to single filers with adjusted gross incomes over $200,000 and married couples with incomes above $250,000. But those thresholds haven’t increased since 2013. As a result, as wages have risen, this “little” 3.8% tax has started to apply to more and more people. The trend has accelerated recently as wage growth has picked up along with inflation.
What exactly is the NIIT? As its name suggests, it applies only to investment income. For most people, this means dividends, interest and capital gains on investment assets. But if you sell your home, the NIIT would also apply to any gain above the portion that’s normally excludable. In those cases, this little tax can end up translating into a sizable bill.
To be sure, the NIIT doesn’t apply to employment income or to Social Security. It also doesn’t apply to IRA distributions or to the taxable portion of Roth conversions. And it doesn’t apply to income that isn’t otherwise taxable, such as interest from tax-free municipal bonds. Finally, it doesn’t apply to income generated inside retirement accounts, such as IRAs and 401(k)s.
The challenge, though, is that the NIIT doesn’t stand on its own. It’s “stacked” on top of a taxpayer’s other income. As a result, folks might see their NIIT exposure increase even when their investment income doesn’t rise. To understand how that can happen, let’s look at an example.
Suppose Jane is single and has employment income of $180,000. Let’s also suppose she has investment income of $25,000. In this case, her total income would be $205,000, so the NIIT would apply to the $5,000 that exceeded the $200,000 threshold for single filers. The tax would then be $190, calculated as 3.8% x $5,000.
Now, let’s suppose Jane receives a raise the following year, to $200,000, while her investment income stays at the same $25,000. In this case, since all $25,000 of Jane’s investment income now sits above the $200,000 threshold, the entire amount would be subject to the 3.8% NIIT, for a tax of $950 (3.8% x $25,000). The NIIT, in other words, would rise five-fold just because Jane’s other income rose. That’s a key reason the NIIT is worth paying attention to.
Another reason the NIIT has started to hit more investors’ radar: For most of the past 15 years, interest rates have been extremely low. But with the steep increase in rates over the past year, many investors have seen their investment income rise. How can you tell if you’ve been hit by the NIIT? Look for Form 8960 in your tax return.
To some extent, the net investment income tax is a fact of life. And unlike ordinary income taxes, you can’t always reduce your NIIT exposure by increasing your deductions. That’s because the NIIT is based on adjusted gross income (AGI), not on taxable income. Those terms sound similar, but there’s a key distinction: AGI is your income before itemized deductions, so strategies like making charitable contributions can’t be used to bring down your NIIT bill. Still, there are other ways to moderate NIIT exposure.
First, consider increasing contributions to your retirement accounts. This is a so-called above-the-line deduction, meaning that it reduces adjusted gross income and thus can help with NIIT exposure.
On Schedule 1 of your tax return, you’ll find a grab bag of additional above-the-line deductions. They’re generally less common, but it’s worth reading through the list to see if one might apply.
If you have significant bond holdings in your taxable account, consider municipal bonds. In the past, most investors viewed municipals as close cousins of Treasury bonds on the risk spectrum. As we saw in 2020, however, when the pandemic ravaged many municipalities’ finances, municipal bonds definitely do carry more risk than Treasurys. That said, highly rated munis have a very strong track record. For that reason, you might consider moving a portion of your Treasury holdings over to municipals.
If you hold any actively managed funds in taxable accounts, they’re worth reviewing. As I described last year, active funds can generate unexpected and unpleasantly large tax liabilities. That’s because, when a fund’s manager chooses to change up the investments in his or her fund, every investor in the fund shares pro-rata in any gains generated by those trades. That’s true even though you have no control over—and, worse yet, no visibility into—the timing of those trades. Depending on the funds you hold, it may be worth paying some tax to sell them and swap into broadly diversified index mutual funds or exchange-traded index funds, which tend to issue less onerous distributions, if any.
If you have a margin loan, make sure you, or your accountant, has picked up this number. Margin loan interest reduces net investment income dollar for dollar.
And finally, to the extent possible, look for ways to control the timing of your income. For example, if you’re selling a home this year, you might look for ways to delay other income into next year. Or suppose you’re considering a Roth conversion. While this income isn’t itself subject to the NIIT, it does increase overall AGI and, as explained above, that can bump more of your investment income into NIIT territory. That’s a factor worth considering as you decide on both the size and the timing of conversions.
Adam M. Grossman is the founder of Mayport, a fixed-fee wealth management firm. Sign up for Adam’s Daily Ideas email, follow him on Twitter @AdamMGrossman and check out his earlier articles.
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Thank you so much for this article. I had heard about the AMT but not about this.
The NIIT should be considered along with IRMAA in Roth conversions and RMDs and fixed income decisions, such as tax exempt vs. taxable. Make sure you are using the correct incremental tax rate on these decisions as tax exempt bonds may give you a significantly better after tax return.
Indeed Adam, NIIT is increasingly applicable but not talked about much which makes it seem somewhat like a stealth tax. Most capital gains articles indicate a max 20% tax rate, not 20% plus the 3.8% which is equivalent to income tax rates for the upper middle class.
For retirees undertaking large Roth conversions in the years between retirement and RMDs kicking in, NIIT is an offsetting consideration along with IRMAA for those over age 63. Rothing retirees can kick the can down the road by postponing the taking of capital gains to delay NIIT and retain the inheritance step up basis. If the retirees need more cash to live, further withdrawals from tax deferred accounts – where they eventually have to pay taxes anyway – may be the more tax efficient option than taking earlier capital gains. However, NIIT and taxes probably should not be the sole driver of when to take a capital gain particularly for items like a house sale. “NIIT’s” complicated.
More here:
https://humbledollar.com/2023/03/plan-on-change/
Excellent explanation, Adam. Sounds like the NIIT is almost like younger persons IRMAA expect us old folks get to deal with both.
I would imagine few retired HD readers pay NIIT. But yes, some do.
I would disagree as its probably more than you think. In my case, two pensions and two social security payments gets us very close to the limit. Once I touch our dual 401ks and IRAs, NIIT is as big of an issue as IRMAA.
I don’t think your type of income is subject to NIIT. I believe it only applies to dividends, interest, and capital gains. Withdrawals from 401K and IRA accounts are ordinary income, not investment income.
As I understood the article, NIIT is based on AGI and 401K, TSP withdrawals and IRA withdrawals are part of that. I didn’t read that it only applies to investment income. I’ll be finding out this upcoming tax season because our ROTH Conversions pushed us just beyond the 250K limit.
As time goes by I guess.