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The 3.8% Net Investment Income Tax: The Surtax Higher Earners Miss

January 31, 2026 · 4 min read
Taxpayer Tax Pro

If you're a higher earner with investment or rental income, there's an extra 3.8% tax you may owe on top of regular income tax. It's called the Net Investment Income Tax (NIIT), and it quietly catches a lot of people who don't see it coming.

Who it hits

The NIIT kicks in when your income crosses these lines: $250,000 (married filing jointly), $200,000 (single), or $125,000 (married filing separately). Above those thresholds, the 3.8% applies to your investment income.

What counts as "investment income"

Interest, dividends, rents, royalties, annuities, capital gains, and crucially, income from passive business activities. What's not hit: wages, self-employment income, and income from a business you actively run.

The passive connection. This is where it ties back to everything else: income from a business you materially participate in is non-passive and escapes the 3.8%. The same income, if passive, gets taxed. Being active doesn't just unlock losses, it can also shield income from this surtax.

The bottom line

The 3.8% NIIT is easy to overlook and adds up fast at higher incomes. Structuring your activities so income is active rather than passive can legitimately keep it out of reach. A Breadify membership plans for this so it doesn't surprise you at filing.

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