What is Form 8960: Net Investment Income Tax

The tax explained

The net investment income tax (NIIT) is a 3.8-percent tax on the smaller of your net investment income or the amount that your modified adjusted gross income exceeds the tax's thresholds.

See how much NIIT you owe by completing Form 8960. The tax only applies if you report net investment income; your wages and self-employment earnings are not subject to the tax.

When to use Form 8960

Just having net investment income to report doesn’t necessarily mean you will be subject to the NIIT. The additional tax only applies if your modified adjusted gross income, or MAGI, is over a certain amount. The IRS calls this a “threshold” and the amount of the threshold depends on your filing status. For example, for tax year 2022:

• If you file a joint return or use the qualifying widow(er) status, your MAGI (as of publication date) has to be more than $250,000
• If you're married but file separately, your MAGI has to be more than $125,000
• Single and head-of-household filers can report an MAGI of $200,000 or less

Your MAGI is a variation of the adjusted gross income (AGI) that's reported on the first page of your tax return form, though for most people the two amounts are the same.

Figuring out your net investment income

Part one of Form 8960 lists the various types of earnings considered investment income. Investment earnings commonly include interest, dividends, income from rental properties, royalties and the profit you earn from trading stocks.

Part two subtracts certain deductible investment-related expenses from the total investment income reported in part one. Deductible expenses cover the cost of hiring a financial adviser, brokerage fees, state and local income taxes, and in some cases, the interest you pay on funds you borrow to invest with.

When to file Form 8960

If your MAGI is above the threshold amounts mentioned above, you may need to prepare Form 8960 to see what your net investment income is. If it turns out that your net investment income is zero or less, you don’t need to file the form with your taxes. If your net investment income is $1 or more, Form 8960 helps you calculate the NIIT you might owe by multiplying the amount by which your MAGI exceeds the applicable threshold or your net investment income—whichever is the smaller figure—by 3.8 percent. You then enter your NIIT liability on the appropriate line of your tax form, and file Form 8960 with your return.

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