GLOSSARY · TAX & ESTATE

Net Investment Income Tax (NIIT)

A 3.8% US tax on investment income, including capital gains, interest, dividends and rent, for US citizens and resident aliens whose modified adjusted gross income is above a threshold that depends on filing status. The thresholds are fixed in the statute and are not indexed for inflation. It is reported on Form 8960; the IRS position is that a foreign tax credit cannot reduce it, and the Federal Circuit agreed on 31 August 2026 in cases under the Canada and France treaties, with the India treaty not before the court.

Also called: NIIT, 3.8% tax, Medicare surtax on investment income, Form 8960
FORMULA
NIIT = 3.8% × the smaller of net investment income and (MAGI − threshold)
COMPUTE IT WITH YOUR NUMBERS
Selling property in India: tax in both countries →Selling property in India: what tax do I pay in each country, and what do I keep?0% capital gains harvesting →How much tax if I sell, and how much gain can I realize at 0%?
LEARN IT PROPERLY
CHAPTER · TWO-COUNTRY MONEY · FOUNDATIONSThe Treaty and the Foreign Tax CreditCHAPTER · TWO-COUNTRY MONEY · FOUNDATIONSIndian Funds and Shares for a US Taxpayer
RELATED TERMS
Foreign tax creditLong-term capital gains rateMarginal tax rate
SOURCES
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