Free · Nonprofit · Education only

The 3.8% net investment income tax: thresholds, what it hits, and why a big sale triggers it

By , founder, Retirement Literacy Foundation · Updated
Enrolled Agent, admitted to practice before the IRS.

The net investment income tax (NIIT, IRC Section 1411) adds 3.8% on top of capital gains tax once your income passes a threshold that has not changed since 2013. Many retirees never pay it until the year they sell a rental, land or a business. Then one sale pushes them over. Here is how it is calculated and what can change it.

Free education from the Retirement Literacy Foundation, a 501(c)(3). Start with the free one-page Big Sale Tax Worksheet below and run your own numbers.

Get the Free Worksheet
Free · one page · fill in your own numbers

Get the free Big Sale Tax Worksheet.

See whether your sale crosses the 3.8% line: one page from purchase price to gain, recapture, NIIT and state tax. Free from a 501(c)(3); nothing to buy.

The Retirement Literacy Foundation is a 501(c)(3) public charity (EIN 41-5062266). General education, not tax advice. We don’t sell financial products. We’ll email it to you. Unsubscribe any time.

The rule

Who pays it and on how much

The tax is 3.8% of the smaller of (a) your net investment income or (b) the amount your modified adjusted gross income exceeds the threshold. It is figured on Form 8960. The thresholds below are set in the law and have not changed since 2013 (IRS, checked October 10, 2026).

Filing statusMAGI threshold (not indexed for inflation)
Married filing jointly, qualifying surviving spouse$250,000
Single, head of household$200,000
Married filing separately$125,000

Counts as net investment income: capital gains on rental, land and investment property, rents, interest (including interest on a seller-financed note), dividends, and income from passive businesses.

Generally does not count: wages, Social Security, IRA and 401(k) distributions (though they raise MAGI), gain excluded on a home sale under Section 121, and gain on business assets in a trade or business where you materially participate. Qualifying real estate professionals may be able to treat rental income as non-investment income (Treas. Reg. 1.1411-4(g)(7)).

Worked example

One big year vs the same gain spread out

A married couple has $150,000 of other income and sells a rental with a $900,000 long-term gain.

All in one yearSpread evenly over 10 years
Gain reported per year$900,000$90,000
MAGI$1,050,000$240,000
Excess over $250,000$800,000$0
NIIT3.8% × $800,000 = $30,400$0 a year, if other income stays the same

Two cautions. Interest on a seller-financed note is itself investment income and raises MAGI. And if your income stays above the threshold every year, spreading the gain does not avoid the tax. It just pays it later. The result depends entirely on your income in each future year.

See the combined bill, NIIT included, with the capital gains tax calculator. For how spreading a sale works, see Form 6252 and the installment sale.

Before a sale

Questions to take to your CPA

  1. Will this sale put us over the NIIT threshold, and by how much?
  2. Is any of the gain from a business where I materially participate, and so outside NIIT?
  3. Would spreading the gain keep us under the threshold in future years, given our Social Security, IRA withdrawals and other income?
  4. Does timing (December vs January closing) change the result?
  5. Could Roth conversions or other income planned for the sale year push us further over?
Free · one page · fill in your own numbers

Run your own numbers before you decide.

See whether your sale crosses the 3.8% line: one page from purchase price to gain, recapture, NIIT and state tax. Free from a 501(c)(3); nothing to buy.

The Retirement Literacy Foundation is a 501(c)(3) public charity (EIN 41-5062266). General education, not tax advice. We don’t sell financial products. We’ll email it to you. Unsubscribe any time.

Frequently asked questions

What is the net investment income tax threshold?

$250,000 of modified adjusted gross income for married filing jointly, $200,000 for single and head of household, and $125,000 for married filing separately. These thresholds are not indexed for inflation and have not changed since 2013.

How is the 3.8% NIIT calculated?

It is 3.8% of the smaller of your net investment income or the amount your MAGI exceeds the threshold, figured on Form 8960.

Does Social Security or an IRA withdrawal count as investment income?

No, but they raise your MAGI, which can push investment income over the threshold. Wages, home-sale gain excluded under Section 121 and gain on a business where you materially participate also generally do not count.

Does spreading a gain over several years avoid the NIIT?

Only if it keeps your MAGI under the threshold in each year. If your income stays above the threshold every year, spreading the gain just pays the tax later, and interest on a seller-financed note is itself investment income.

Audit trail

Sources and review

Reviewed for the Retirement Literacy Foundation, a 501(c)(3) education nonprofit. Prepared by Hans Goldstein, EA, retirement educator. Admitted to practice before the IRS. Informational only. Not tax, legal or investment advice. Every figure below cites its source so your CPA or attorney can check it.

Figures are 2026 federal and 2026 California amounts unless stated. Examples are illustrative, rounded, and assume no other income; your numbers will differ. Last reviewed October 10, 2026.

Reserve a Free Seat

Live on Zoom, Thursday, October 22, 2026, 4:00 PM PT / 7:00 PM ET. Big sales and taxes: how to close the deal. 60 minutes plus questions. Free, nonprofit, nothing sold.

By submitting with your phone number, you agree that the Retirement Literacy Foundation and its founder Hans Goldstein may call and text you at that number about your request, including with automated technology and prerecorded or artificial voice. Consent is not required to buy anything. Msg & data rates may apply. Reply STOP to opt out.

We use your contact information to send the Zoom link, the recording and the worksheet, and if you add a phone number, to call or text you about your request. The Foundation does not sell your information and does not sell products.

Hans Goldstein is an Enrolled Agent, admitted to practice before the Internal Revenue Service. Not affiliated with or endorsed by the IRS.