3.8% NII Surtax - Could Get Worse

More people each year are paying a 3.8% surtax on net investment income (NII). And it looks like it could even be MORE in the future!
The NII tax was part of Obamacare. It applies to Single filers with modified AGI above $200,000 and Joint filers with modified AGI over $250,000. [Modified AGI is AGI + tax free foreign earned income.] NII includes interest, dividends, capital gains, annuities, royalties and passive rents.
The thresholds have stayed the same since 2013!! Because of this, the number of 1040 returns reporting NII surtax has more than doubled, from 3 million for 2013 returns to 7 million for 2022 returns. The revenue from the NII tax has grown by $38 BILLION during the same period.
What does the future look like?
Republicans want to raise the threshold for Joint filers to $400,000 AND index the thresholds to inflation each year.
President Biden wants to increase the NII tax to 5% for people with over $400,000 of income AND impose the NII tax on income from pass-through entities in which an individually material participates for Joint filers with income over $500,000 and Single filers with income over $400,000.
Stay tuned for updates on the progress of changes to the NII tax!








