Does the Net Investment Income Tax (NIIT) Apply to Self-Directed Solo 401k Plans? - My Solo 401k Financial (2024)

Not Direclty but Indirectly

A solo 401k is a qualified plan so no net Investment income tax (NIIT) does not apply to solo 401k distributions or conversions (e.g., the conversion for pretax solo 401k funds to the Roth solo 401k or to a Roth IRA). However, they can help to trigger it.

Does the Net Investment Income Tax (NIIT) Apply to Self-Directed Solo 401k Plans? - My Solo 401k Financial (1)

Does the Net Investment Income Tax (NIIT) Apply to Self-Directed Solo 401k Plans? - My Solo 401k Financial (2)

What is the Net Investment Income Tax (NIIT)?

The Net Investment Income Tax is an extra tax imposed on higher earners and is referenced in section 1411 of the Internal Revenue Code. The NIIT applies at a rate of 3.8% to certain net investment income of individuals, estates and non-retirement trusts that have income above the statutory threshold amounts.

When did the Net Investment Income Tax take effect?

The Net Investment Income Tax went into effect on Jan. 1, 2013. The NIIT affects income tax returns of individuals, estates and non-retirement trusts, beginning with their first tax year beginning on (or after) Jan. 1, 2013.

Is the Investment Income Tax (NIIT) indexed for inflation?

No. And Individuals will owe the tax if they have Net Investment Income and also have modified adjusted gross income over the following thresholds:

Filing StatusThreshold Amount
Married filing jointly$250,000
Married filing separately$125,000
Single$200,000
Head of household (with qualifying person)$200,000
Qualifying widow(er) with dependent child$250,000

How can Roth Solo 401k Conversions Indirectly Impact the Investment Income Tax (NIIT)?

Because investment income “stacks” on top of the filer’s other income, wages, pretax solo 401k distributions and the conversion of pretax solo 401k funds to the Roth solo 401k (aka in-plan conversion) or to a Roth IRA results in taxable income and thus can help push investment income over the NIIT threshold.

Do Pretax Solo 401k Contributions Reduce

How can Roth Solo 401k Conversions Indirectly Impact the Investment Income Tax (NIIT)?

Because investment income “stacks” on top of the filer’s other income, wages, pretax solo 401k distributions and the conversion of pretax solo 401k funds to the Roth solo 401k (aka in-plan conversion) or to a Roth IRA results in taxable income and thus can help push investment income over the NIIT threshold.

Do Pretax Solo 401k Contributions Reduce the Investment Income Tax (NIIT)?

Yes, as long as solo 401k contributions are made on a pretax basis not as Roth solo 401k contribution or as a voluntary after tax contribution, the contribution will be deemed tax-deductible and thus lower your adjusted gross income (AGI). The same is true if you make tax-dedtuctible IRA contributions as well as contributions to Health Savings Accounts.

Does the Net Investment Income Tax (NIIT) Apply to Self-Directed Solo 401k Plans? - My Solo 401k Financial (2024)

FAQs

Does the Net Investment Income Tax (NIIT) Apply to Self-Directed Solo 401k Plans? - My Solo 401k Financial? ›

A solo 401k is a qualified plan so no net Investment income tax (NIIT) does not apply to solo 401k distributions or conversions (e.g., the conversion for pretax solo 401k funds to the Roth solo 401k or to a Roth IRA). However, they can help to trigger it.

What is excluded from net investment income tax? ›

Net investment income generally does not include wages, unemployment compensation, Social Security Benefits, alimony, and most self-employment income. Additionally, net investment income does not include any gain on the sale of a personal residence that is excluded from gross income for regular income tax purposes.

Who does net investment income tax apply to? ›

As an investor, you may owe an additional 3.8% tax called net investment income tax (NIIT). But you'll only owe it if you have investment income and your modified adjusted gross income (MAGI) goes over a certain amount.

What income is subject to 3.8% net investment tax? ›

Those who are subject to the tax will pay 3.8 percent on the lesser of the following: their net investment income or the amount by which their modified adjusted gross income (MAGI) extends beyond their specific income threshold. Net investment income typically includes the following: interest. dividends.

At what income does the 3.8 surtax kick in? ›

A Medicare surtax of 3.8% is charged on the lesser of (1) net investment income or (2) the excess of modified adjusted gross income over a set threshold amount. The threshold is $250,000 for joint filers, $125,000 for married filing separately, and $200,000 for all other filers.

What is excluded in determining net income? ›

Net income is calculated by netting out items from operating income that include depreciation, interest, taxes, and other expenses. Sometimes, additional income streams add to earnings like interest on investments or proceeds from the sale of assets.

How is NIIT tax calculated? ›

Net investment income is calculated by adding up all of the income you earned from investments in the past tax year and subtracting any related expenses.

Can you avoid net investment income tax? ›

You can avoid the net investment income tax by keeping your MAGI below $200,000 for single filers, $250,000 for those married filing jointly or $125,000 for those married filing separately.

What is the NIIT threshold amount for single taxpayers? ›

the excess of modified adjusted gross income over the following threshold amounts: $250,000 for married filing jointly or qualifying surviving spouse. $125,000 for married filing separately. $200,000 for single or head of household.

Does NIIT apply to IRA distributions? ›

This net investment income tax also applies to certain trusts and estates. It does not apply to corporations and other “active” businesses. It does not apply to trusts associated with IRAs or pension plans.

Is net investment income tax on top of capital gains tax? ›

Individuals who pay net investment income tax also pay capital gains tax. But, not all individuals who pay capital gains tax owe NII tax. Think of it this way: workers pay Medicare tax on their wages. And, some high-earning workers pay additional Medicare tax on their wages above a certain threshold.

What is the NIIT tax for 2024? ›

However, with proactive planning, you may be able to reduce the amount you owe on your 2024 federal income tax return. The 3.8% NIIT is applied to the lesser of: The amount by which your modified adjust gross income (MAGI) exceeds the applicable threshold, or. Your net investment income.

What is the NIIT threshold for 2024? ›

2. What is the net investment income tax threshold for 2024? The NIIT thresholds for 2024 are typically $200,000 for single or head of household, $250,000 for married filing jointly, and $125,000 for married filing separately. However, these can be adjusted for inflation, so check the latest IRS updates.

What income is subject to NIIT? ›

Overview of the NIIT

The NIIT is equal to 3.8% of the net investment income of individuals, estates, and certain trusts. Net investment income includes interest, dividends, annuities, royalties, certain rents, and certain other passive business income not subject to the corporate tax.

What is included in net investment income? ›

What Qualifies as Net Investment Income? Net investment income is any money earned from an investment vehicle. This includes interest, capital gains, royalties, rent payments, dividends, and certain payments from annuities. It may come from stocks, bonds, investment properties, mutual funds, and other investments.

How do I avoid Medicare 3.8% surtax? ›

Look for ways to minimize your AGI. The lower your AGI (the number at the bottom of the TAX-FORM 1040) the lower the amount of your income will be subject to the 3.8% surtax. Need another reason to contribute to your retirement plan? Making contributions to your 401k, 403b or pension will lower your AGI.

How can we avoid the 3.8% Medicare surtax? ›

Look for ways to minimize your AGI. The lower your AGI (the number at the bottom of the TAX-FORM 1040) the lower the amount of your income will be subject to the 3.8% surtax. Need another reason to contribute to your retirement plan? Making contributions to your 401k, 403b or pension will lower your AGI.

What investments are not subject to taxation? ›

The tax-exempt sector includes bonds, notes, leases, bond funds, mutual funds, trusts, and life insurance, among other investment vehicles.

Which of the following taxes does not apply to AC Corporation? ›

C corporations are not subject to the franchise tax for a tax year if both of the following is true: Tax year is 15 days or less. They did not conduct any business in California during the 15 days.

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