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How does the Obamacare Net Investment Income Tax Work?

By David C. Gair on December 4, 2012

The IRS recently released guidance on the new IRC Section 1411 Net Investment Income Tax – HERE.

Obamacare is of course controversial but after Justice Robert’s Opinion we know that it is here to stay indefinitely.

So what is the tax effect?

Basics

  • This tax applies at a rate of 3.8%
  • It applies to individuals, estates and trusts
  • Takes effect on January 1, 2013

Who Will Owe the Tax

  • Individuals with Adjusted Gross Incomes above the following threshold amounts:

Filing Status

Threshold Amount

Married filing jointly

$250,000

Married filing separately

$125,000

Single

$200,000

Head of household (with qualifying person)

$200,000

Qualifying widow(er) with dependent child

$250,000

 

What types of income are subject to the tax

  • Interest Income
  • Dividends
  • Capital Gains
  • Rental Income
  • Royalty Income
  • Non-qualified annuities
  • Income trading financial instruments or commodities
  • Other passive activity income

What type of income is not subject to the tax

  •  Wages
  • Unemployment Compensation
  • Income from “active” trades or businesses.
  • Social Security
  • Alimony
  • Tax Exempt Interest
  • Self-Employment Income
  • Distributions from Qualified Retirement Plans.

 

This new tax is going to effect a lot of unsuspecting people.  For instance, the sale of a personal residence is subject to the tax.

It is wise to explore planning options before the end of the year.

 

 

 

 

  • Posted in:
    Tax
  • Organization:
    Gray Reed & McGraw LLP

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