--- title: Is Sale Of Rental Property Subject To Net Investment Income Tax? description: To better understand the function of the NIIT, it’s a good idea to understand the definition of net investment income. image: https://www.realized1031.com/hubfs/Images/photo/abstract/clock-tax-house-IS-1139919425.jpg --- [![Realized 1031 Exchange Marketplace](https://www.realized1031.com/hs-fs/hubfs/Images/Brand/Logo/Realized/Realized-Logo-Black.png?width=240&height=80&name=Realized-Logo-Black.png "Realized 1031 Logo") ](https://www.realized1031.com/) - [Wealth Management Gap](https://www.realized1031.com/the-wealth-management-gap) - [Our Process](https://www.realized1031.com/how-realized-works) - [Financial Advisors](https://www.realized1031.com/advisor) - [Resources](https://www.realized1031.com/resources) - [The Company](https://www.realized1031.com/about-us) - [Articles](https://www.realized1031.com/blog) [Register](https://www.realized1031.com/marketplace) [Log In](https://www.realized1031.com/login) - Better Business Bureau Rating: **A+** - [FINRA BrokerCheck](https://brokercheck.finra.org/firm/summary/22333) - [Call](tel:1-877-797-1031) **(877) 797-1031** # Is Sale Of Rental Property Subject To Net Investment Income Tax? Posted Jul 4, 2021 ![clock-tax-house-IS-1139919425](https://www.realized1031.com/hs-fs/hubfs/Images/photo/abstract/clock-tax-house-IS-1139919425.jpg?width=750&height=392&name=clock-tax-house-IS-1139919425.jpg) On January 1, 2013, 26 U.S. Code § 1411 - “Imposition of Tax” went into effect, to help fund the Affordable Care Act. What this meant, in plain English (and continues to mean), is that the [net investment income tax](https://www.irs.gov/newsroom/questions-and-answers-on-the-net-investment-income-tax), or NIIT, is assessed on certain net investment income of individuals, estates, and trusts that demonstrate income higher than the statutory threshold amounts. What this means, in even plainer English, is that if your net investment income is higher than specific threshold amounts, you will be assessed an NIIT of 3.8%. Is the sale of rental property subject to net investment income tax? It is. To better understand the function of the NIIT, it’s a good idea to understand the definition of net investment income. ### Understanding Net Investment Income [Net Investment Income](https://www.investopedia.com/terms/n/netinvestmentincome.asp), also known as NII, is defined as the amount of income, before taxes, that comes from your investment assets. These assets can include stocks, bonds, mutual funds, loans -- and [rental income.](https://www.irs.gov/individuals/net-investment-income-tax#:~:text=In%20general%2C%20net%20investment%20income,and%20most%20self%2Demployment%20income.) And, that income can come in the form of interest, dividends, and non-qualified annuities. According to the IRS, here is what NII is NOT: - Wages, unemployment compensation, social security benefits, alimony, and most self-employment income - Gain on the sale of a personal residence, that is excluded from gross income for regular income tax purposes - Withdrawals from retirement plans, such as 401(k)s, or traditional/Roth IRAs This means that the rental property you might have recently sold is considered net investment income and could be subject to the NIIT. You might be thinking, quite rightfully, “what about the taxes I must pay on capital gains from that sale?” The answer to this question is, you might have to pay both [capital gains taxes](https://www.realized1031.com/blog/how-much-are-capital-gains-tax-on-a-house) AND net investment income taxes on that profit, depending on the above-mentioned threshold. ### Threshold Talk Whether you owe a NIIT -- and how much you might owe -- depends on your filing status and accompanying statutory threshold amounts. Net investment income is subject to a 3.8% tax, and applies to individuals with modified gross incomes (MAGI) higher than the [thresholds indicated below:](https://www.irs.gov/individuals/net-investment-income-tax#:~:text=In%20general%2C%20net%20investment%20income,and%20most%20self%2Demployment%20income.) | Married, filing jointly | $250,000 | | --- | --- | | Married, filing separately | $125,000 | | Single or head of household | $200,000 | | Qualifying widow(er) with a child | $250,000 | For example, let’s say you’re a single taxpayer who earns $50,000, who acquired a rental property for $200,000. That property has appreciated very nicely, and you were fortunate enough to sell it for $400,000, leaving you with $200,000 in capital gains. Between those capital gains, and your salary, your MAGI stands at $250,000. While your NII is $200,000 (which is right at that threshold), your modified gross adjusted income exceeds that threshold by $50,000. This means you’ll owe the IRS $1,900 (3.8% tax) on that $50,000. ### Kicking The Can Down The Road Examining the above, you realize that you owe both NIIT and capital gains tax on the sale of that rental property. But, if you’ve been paying attention to [Realized Holdings Blogs](https://www.realized1031.com/blog), you also already know that you can defer the capital gains tax through a [1031 Exchange](https://www.realized1031.com/videos/1031-exchange) into a property (or properties) of equal or greater value.  And, you can defer that NIIT through a 1031 exchange, as well. As is the case with deferring capital gains taxes, you will eventually owe that net investment income tax.  The takeaway here is that, while your rental property might have nicely appreciated while you owned it, capital gains taxes, [depreciation recapture](https://www.realized1031.com/glossary/depreciation-recapture), and net investment income tax can take a bite out of your profit when it comes time to sell. As such, it’s a good idea to work with your financial planner or tax advisor, to discuss appropriate tax-shelter strategies.   This material is for general information and educational purposes only. Information is based on data gathered from what we believe are reliable sources. It is not guaranteed as to accuracy, does not purport to be complete and is not intended to be used as a primary basis for investment decisions. It should also not be construed as advice, meeting the particular investment needs of any investor. There is no guarantee that the investment objectives of any particular program will be achieved. Costs associated with a 1031 transaction may impact investor’s returns, and may outweigh the tax benefits. Realized does not provide tax or legal advice. This material is not a substitute for seeking the advice of a qualified professional for your individual situation. The actual amount and timing of distributions paid by programs is not guaranteed and may vary. There is no guarantee that investors will receive distributions or a return of their capital. These programs can give no assurance that they will be able to pay or maintain distributions, or that distributions will increase over time. Learn Ways To Help Build Long-Term Real Estate Wealth [![Get Tips For Managing Real Estate Wealth](https://www.realized1031.com/hs-fs/hubfs/Images/UI/graphics/composites/IPWM-eBook-250c.jpg?width=250&height=250&name=IPWM-eBook-250c.jpg "Learn new ways to use real ...") ](https://www.realized1031.com/blog/is-sale-of-rental-property-subject-to-net-investment-income-tax#blogform) Download eBook ---   --- ### Get Tips For Managing Real Estate Wealth ![Learn Ways To Help Build Long-Term Real Estate Wealth](https://www.realized1031.com/hs-fs/hubfs/Images/UI/graphics/composites/IPWM-eBook-550.jpg?width=550&height=650&name=IPWM-eBook-550.jpg) Learn new ways to use real estate to pursue your wealth goals. By providing your email and phone number, you are opting to receive communications from Realized. If you receive a text message and choose to stop receiving further messages, reply STOP to immediately unsubscribe. Msg & Data rates may apply. To manage receiving emails from Realized visit the Manage Preferences link in any email received. Search ### [Why Realized](https://www.realized1031.com/why-realized) - [Wealth Management](https://www.realized1031.com/the-wealth-management-gap) - [Why Realized](https://www.realized1031.com/why-realized) - [Our Process](https://www.realized1031.com/how-realized-works) - [Scenarios](https://www.realized1031.com/scenarios) - [Private Client Program](https://www.realized1031.com/private-client) - [Realized Exchange Services](https://www.realized1031.com/realized-exchange-services) ### [The Company](https://www.realized1031.com/about-us) - [The Team](https://www.realized1031.com/about-us) - [FAQ](https://www.realized1031.com/frequently-asked-questions) - [Testimonials](https://www.realized1031.com/testimonials) - [Press](https://www.realized1031.com/press) - [Careers](https://www.realized1031.com/careers) ### [Partners](https://www.realized1031.com/partners) - [Financial Advisors](https://www.realized1031.com/advisor) - [Broker Dealers](https://www.realized1031.com/partners/broker-dealers) - [Real Estate Agents](https://www.realized1031.com/partners/real-estate-agents) - [Certified Public Accountants](https://www.realized1031.com/partners/certified-public-accountants) ### [Resources](https://www.realized1031.com/resources) - #### Learn - [Articles](https://www.realized1031.com/blog) - [Glossary of Terms](https://www.realized1031.com/glossary) - [Capital Gains Tax Rates](https://www.realized1031.com/capital-gains-tax-rate) - #### Watch - [Video Library](https://www.realized1031.com/videos) - [Webinar Archive](https://www.realized1031.com/webinars) - #### Read - [Delaware Statutory Trust](https://www.realized1031.com/delaware-statutory-trust) - [Tenants-In-Common](https://www.realized1031.com/tenants-in-common-tic) - [1031 Exchange](https://www.realized1031.com/1031-exchange) - [Qualified Intermediary](https://www.realized1031.com/qualified-intermediary) - [Qualified Opportunity Zones](https://www.realized1031.com/opportunity-zones) #### Realized - 500 W 13th Street Austin, TX 78701 - (877) 797-1031 ##### [Contact Us](https://www.realized1031.com/contact-us) - [![Realized on Facebook](https://www.realized1031.com/hs-fs/hubfs/Images/UI/Social/Icons/Mix/social-facebook-whiterev.png?width=60&height=60&name=social-facebook-whiterev.png)](https://www.facebook.com/Realized/) - [![Realized on LinkedIn](https://www.realized1031.com/hs-fs/hubfs/Images/UI/Social/Icons/Mix/social-linkedin-whiterev.png?width=60&height=60&name=social-linkedin-whiterev.png)](https://www.linkedin.com/company/realized/) - [![Realized on YouTube](https://www.realized1031.com/hs-fs/hubfs/Images/UI/Social/Icons/Mix/social-youtube-whiterev.png?width=60&height=60&name=social-youtube-whiterev.png)](https://www.youtube.com/c/Realized1031?sub_confirmation=1) - [![Realized Holdings, Inc. BBB Business Review](https://www.realized1031.com/hs-fs/hubfs/Images/professional-assoc/bbb/RZH2-bbb-seal.png?width=40&height=65&name=RZH2-bbb-seal.png)](http://www.bbb.org/central-texas/business-reviews/real-estate-investors/realized-holdings-llc-in-austin-tx-1000112948/#bbbonlineclick) - [![FEA Logo](https://www.realized1031.com/hs-fs/hubfs/Images/professional-assoc/fea/RZH2-fea-logo.png?width=82&height=65&name=RZH2-fea-logo.png "FEA Logo")](https://www.1031.org) SECURITIES DISCLOSURE Realized1031.com is a website operated by Realized Technologies, LLC, a wholly owned subsidiary of Realized Holdings, Inc. (“Realized Holdings”). Securities and/or Investment Advisory Services may be offered through Registered Representatives or Investment Advisor Representatives of Realized Financial, Inc. ("Realized"), a broker/dealer, member [FINRA](https://www.finra.org)/[SIPC](https://www.sipc.org/), and registered investment adviser. Realized is a subsidiary of Realized Holdings, Inc. ("Realized Holdings"). Check the background of this firm on [FINRA's BrokerCheck](https://brokercheck.finra.org/firm/summary/22333). Hypothetical example(s) are for illustrative purposes only and are not intended to represent the past or future performance of any specific investment. Investing in alternative assets involves higher risks than traditional investments and is suitable only for sophisticated investors. Alternative investments are often sold by prospectus that discloses all risks, fees, and expenses. They are not tax efficient and an investor should consult with his/her tax advisor prior to investing. Alternative investments have higher fees than traditional investments and they may also be highly leveraged and engage in speculative investment techniques, which can magnify the potential for investment loss or gain and should not be deemed a complete investment program. The value of the investment may fall as well as rise and investors may get back less than they invested. This site is published for residents of the United States who are accredited investors only. Registered Representatives and Investment Advisor Representatives may only conduct business with residents of the states and jurisdictions in which they are properly registered. Therefore, a response to a request for information may be delayed until appropriate registration is obtained or exemption from registration is determined. Not all of services referenced on this site are available in every state and through every representative listed. For additional information, please contact the Realized Compliance department at 512-472-7171 or info@realized1031.com. - [Terms & Conditions](https://www.realized1031.com/terms-and-conditions) - [Privacy Policy](https://www.realized1031.com/privacy-policy) - [Form CRS](https://www.realized1031.com/hubfs/common-files/disclosures/FormCRS.pdf) - [ADV 2A](https://www.realized1031.com/hubfs/common-files/disclosures/ADV2A.pdf) - [Reg BI Disclosures](https://www.realized1031.com/hubfs/common-files/disclosures/RegBI.pdf) -   © 2026 Realized Holdings, Inc. ```json { "@context" : "http://schema.org/", "@type" : "BlogPosting", "articleBody" : "On January 1, 2013, 26 U.S. Code § 1411 - “Imposition of Tax” went into effect, to help fund the Affordable Care Act. What this meant, in plain English (and continues to mean), is that the net investment income tax, or NIIT, is assessed on certain net investment income of individuals, estates, and trusts that demonstrate income higher than the statutory threshold amounts. What this means, in even plainer English, is that if your net investment income is higher than specific threshold amounts, you will be assessed an NIIT of 3.8%. Is the sale of rental property subject to net investment income tax? It is. To better understand the function of the NIIT, it’s a good idea to understand the definition of net investment income. Understanding Net Investment Income Net Investment Income, also known as NII, is defined as the amount of income, before taxes, that comes from your investment assets. These assets can include stocks, bonds, mutual funds, loans -- and rental income. And, that income can come in the form of interest, dividends, and non-qualified annuities. According to the IRS, here is what NII is NOT: Wages, unemployment compensation, social security benefits, alimony, and most self-employment income Gain on the sale of a personal residence, that is excluded from gross income for regular income tax purposes Withdrawals from retirement plans, such as 401(k)s, or traditional/Roth IRAs This means that the rental property you might have recently sold is considered net investment income and could be subject to the NIIT. You might be thinking, quite rightfully, “what about the taxes I must pay on capital gains from that sale?” The answer to this question is, you might have to pay both capital gains taxes AND net investment income taxes on that profit, depending on the above-mentioned threshold. Threshold Talk Whether you owe a NIIT -- and how much you might owe -- depends on your filing status and accompanying statutory threshold amounts. Net investment income is subject to a 3.8% tax, and applies to individuals with modified gross incomes (MAGI) higher than the thresholds indicated below: Married, filing jointly $250,000 Married, filing separately $125,000 Single or head of household $200,000 Qualifying widow(er) with a child $250,000 For example, let’s say you’re a single taxpayer who earns $50,000, who acquired a rental property for $200,000. That property has appreciated very nicely, and you were fortunate enough to sell it for $400,000, leaving you with $200,000 in capital gains. Between those capital gains, and your salary, your MAGI stands at $250,000. While your NII is $200,000 (which is right at that threshold), your modified gross adjusted income exceeds that threshold by $50,000. This means you’ll owe the IRS $1,900 (3.8% tax) on that $50,000. Kicking The Can Down The Road Examining the above, you realize that you owe both NIIT and capital gains tax on the sale of that rental property. But, if you’ve been paying attention to Realized Holdings Blogs, you also already know that you can defer the capital gains tax through a 1031 Exchange into a property (or properties) of equal or greater value. And, you can defer that NIIT through a 1031 exchange, as well. As is the case with deferring capital gains taxes, you will eventually owe that net investment income tax. The takeaway here is that, while your rental property might have nicely appreciated while you owned it, capital gains taxes, depreciation recapture, and net investment income tax can take a bite out of your profit when it comes time to sell. As such, it’s a good idea to work with your financial planner or tax advisor, to discuss appropriate tax-shelter strategies. This material is for general information and educational purposes only. Information is based on data gathered from what we believe are reliable sources. It is not guaranteed as to accuracy, does not purport to be complete and is not intended to be used as a primary basis for investment decisions. It should also not be construed as advice, meeting the particular investment needs of any investor. There is no guarantee that the investment objectives of any particular program will be achieved. Costs associated with a 1031 transaction may impact investor’s returns, and may outweigh the tax benefits. Realized does not provide tax or legal advice. This material is not a substitute for seeking the advice of a qualified professional for your individual situation. The actual amount and timing of distributions paid by programs is not guaranteed and may vary. There is no guarantee that investors will receive distributions or a return of their capital. These programs can give no assurance that they will be able to pay or maintain distributions, or that distributions will increase over time.", "articleSection" : [ "Real Estate Investing" ], "author" : { "@type" : "Person", "email" : "marketing@realized1031.com", "image" : "", "name" : "The Realized Team", "url" : "https://www.realized1031.com/blog/author/the-realized-team" }, "dateModified" : "2021-07-04T16:00:01+0000", "datePublished" : "2021-07-04T16:00:00+0000", "description" : "To better understand the function of the NIIT, it’s a good idea to understand the definition of net investment income.", "headline" : "Is Sale Of Rental Property Subject To Net Investment Income Tax?", "image" : { "@type" : "ImageObject", "height" : 501, "url" : "https://f.hubspotusercontent10.net/hubfs/733513/Images/photo/abstract/clock-tax-house-IS-1139919425.jpg", "width" : 750 }, "mainEntityOfPage" : "https://www.realized1031.com/blog/is-sale-of-rental-property-subject-to-net-investment-income-tax", "name" : "Is Sale Of Rental Property Subject To Net Investment Income Tax?", "publisher" : { "@type" : "Organization", "address" : { "@type" : "PostalAddress", "addressCountry" : "USA", "addressLocality" : "Austin", "addressRegion" : "TX", "postalCode" : "78701", "streetAddress" : "500 W 13th Street " }, "logo" : { "@type" : "ImageObject", "height" : 60, "url" : "http://www.realized1031.com/hubfs/Images/Brand/Logo/Realized/Realized-Logo-Black-No-Margin-296x60-AMP.png", "width" : 296 }, "name" : "Realized" }, "thumbnailUrl" : "https://f.hubspotusercontent10.net/hubfs/733513/Images/photo/abstract/clock-tax-house-IS-1139919425.jpg" } ```