The IRS stipulates that there are a few types of trusts not subject to the NIIT, including: Trusts not technically classified as “trusts” for federal income tax purposes. Perpetual care trusts. Electing Alaska Native Settlement Trusts.

What income is not subject to NIIT?

9. What are some common types of income that are not Net Investment Income? Wages, unemployment compensation; operating income from a nonpassive business, Social Security Benefits, alimony, tax-exempt interest, self-employment income, Alaska Permanent Fund Dividends (see Rev. Rul.

Is passive income subject to NIIT?

Net investment income generally includes investment income – such as capital gains, interest, dividends, rent, and royalties – unless it’s derived in the ordinary course of a trade or business that isn’t passive under IRC Section 469. Any income from a passive trade or business activity is net investment income.

How is NIIT tax calculated?

Net investment income is calculated by adding up all of the income you earned from investments in the past tax year and subtracting any related expenses.

Are rental properties subject to NIIT?

Net rental income is subject to the NIIT and so is the capital gain on the sale of rental property. Your unearned income is subject to the NIIT if your AGI exceeds $200k if single and $250k if married filing joint. Income from investment assets including rents, dividends, interest and annuities.

What kind of income is excluded from NIIT?

The NIIT doesn’t apply to certain types of income that taxpayers can exclude for regular income tax purposes such as tax-exempt state or municipal bond interest, Veterans Administration benefits, or gain from the sale of a principal residence on that portion that’s excluded for income tax purposes.

Are there any trusts that are not subject to NIIT?

The IRS stipulates that there are a few types of trusts not subject to the NIIT, including: Trusts that are exempt from income taxes. Grantor trusts. Trusts not technically classified as “trusts” for federal income tax purposes. Perpetual care trusts. Electing Alaska Native Settlement Trusts.

When does the NIIT affect your tax return?

The NIIT affects income tax returns of individuals, estates and trusts, beginning with their first tax year beginning on (or after) Jan. 1, 2013. It does not affect income tax returns for the 2012 taxable year filed in 2013. Who Owes the Net Investment Income Tax 3.

Do you have to pay NIIT if you are an alien?

Only U.S. citizens and resident aliens with net investment income that exceeds the MAGI thresholds in the table below need to pay the NIIT, though. On the other hand, non-resident aliens are not subject to this tax. The only exception is if they elect to be treated as a resident so they can file jointly with their U.S. citizen or resident spouse.