Form 8960 and the Net Investment Income Tax
The new Net Investment Income Tax imposed by Internal Revenue Code Section 1411 went into effect on January 1, 2013 for income tax returns of individuals, estates and trusts, beginning with their first taxable year starting on (or after) January 1, 2013. The Net Investment Income Tax applies at a rate of 3.8% on certain net investment income of individuals, estates and trusts that have income above statutory threshold limits.
Form 8960 is used by individuals, estates, and trusts to compute their Net Investment Income Tax. The IRS has posted a draft version of the instructions to Form 8960, and recently, it released the final version of the form itself.
This article will explain the basics of Form 8960 and the Net Investment Income Tax. Future articles on this topic will also provide more information about this tax. The article is not intended to convey tax or legal advice. Please consult a tax attorney if you have further questions. Sherayzen Law Office, Ltd. can assist you in all of your tax and legal needs.
The Net Investment Income Tax
As mentioned above, the Net Investment Income Tax applies at a 3.8 percent to certain net investment income of individuals, estates and trusts that have income above statutory threshold limits. If individuals have Net Investment Income, they will owe the Net Investment Income Tax if they have modified adjusted gross income, for purposes of the Net Investment Income Tax (note that individuals with income from controlled foreign corporations (CFCs) and passive foreign investment companies (PFICs) may have additional adjustments to their AGI) above the following thresholds: for married filing jointly returns, the threshold is $250,000; for married filing separately returns, the threshold amount is $125,000; for single taxpayers or Head of household (with qualifying person), the threshold is $200,000; for a qualifying widow or widower with a dependent child, the threshold is $250,000.
Note also that these threshold amounts are not indexed for inflation.
According to the IRS, “In general, investment income includes, but is not limited to: interest, dividends, capital gains, rental and royalty income, non-qualified annuities, income from businesses involved in trading of financial instruments or commodities and businesses that are passive activities to the taxpayer (within the meaning of section 469). To calculate your Net Investment Income, your investment income is reduced by certain expenses properly allocable to the income.” Certain common income items, such as tax-exempt interest, Alaska Permanent Fund Dividends, and distributions from certain Qualified Plans (those described in sections 401(a), 403(a), 403(b), 408, 408A or 457(b)), are not treated as Net Investment Income.
US Persons and Nonresident Aliens
Dual-status individuals, who are US residents for a part of the year and Nonresident Aliens (NRAs) for the other part of the year, are subject to the Net Investment Income Tax only with respect to the portion of the year during which they are US residents. The threshold amounts described above, however, are not reduced or prorated for dual-status residents.
Dual-resident individuals, (see regulation §301.7701(b)-7(a)(1) for more information) who determine that they are residents of foreign countries for tax purposes pursuant to US-foreign country income tax treaties, and who claim benefits of such treaties as nonresidents of the US, are deemed to be NRAs for Net Investment Income Tax purposes.
NRAs are not subject to the Net Investment Income Tax. For married couples in which one spouse is an NRA, and the other is a U.S. citizen or resident, and the NRA has made, or is planning to make, an election to be treated as a resident alien for purposes of filing a married filing jointly return, IRS final regulations provide these couples with special rules and a respective Net Investment Income Tax IRC Section 6013(g) or (h) election.
Contact Sherayzen Law Office for Professional Tax Planning Advice
In previous articles, we covered some of the new tax changes and deduction phase-outs for 2013 tax returns to be filed in 2014 that could trigger a much higher tax liability for many taxpayers. The Net Investment Income Tax will only add to the tax liabilities many high net-worth taxpayers will face. Professional tax planning may be very important in order to help you lower your future tax liabilities. The experienced tax law firm of Sherayzen Law Office, Ltd. can assist with this goal.