Realized 1031 Blog Articles

What Is the Tax on Investment Income?

Written by The Realized Team | Feb 4, 2026

Investing in rental properties and other assets can be a rewarding endeavor not just for the potential passive income, but also for the capital appreciation over time. However, with the benefits come certain tax obligations that investors must navigate. One such tax is the Net Investment Income Tax (NIIT), which is particularly relevant for high-income earners with significant investment income.

Understanding Net Investment Income Tax (NIIT)

The NIIT was introduced in 2013 as part of the Affordable Care Act. It levies a 3.8% tax on certain types of investment income if your overall income exceeds a specified threshold. This tax applies to individuals, estates, and trusts based on their modified adjusted gross income (MAGI).

Investment income subject to the NIIT includes dividends, rental income, interest, royalty income, non-qualified annuities, and net gains from the sale of investment assets like stocks and properties. However, not all income types are subjected to NIIT. For instance, wages, social security benefits, and withdrawals from qualified retirement plans are generally excluded.

Who Pays the NIIT?

Not every investor is liable for the NIIT. To be subject to this tax, your MAGI must exceed certain thresholds based on your filing status:

  • For married filing jointly and qualifying widows/widowers, the threshold is $250,000.
  • For single or head of household filers, the threshold is $200,000.
  • For married filing separately, it drops to $125,000.

If your MAGI exceeds these amounts, the 3.8% tax applies to the lesser of your net investment income or the portion of your MAGI that is above the threshold.

Importance of Planning

For property owners and investors, tax planning can have substantial impacts on the overall return of their investments. Strategic tax management, such as the utilization of 1031 exchanges, can legally defer capital gains and, consequently, reduce immediate exposure to the NIIT. A 1031 exchange allows investors to sell a property and reinvest in a like-kind property, deferring the payment of capital gains taxes, which otherwise could increase MAGI and trigger higher NIIT liabilities.

Real-World Implications

Consider an investor with rental property that generates significant revenue. If their MAGI, post all allowable deductions, exceeds the $200,000 single filer threshold, any passive income from these properties could be subjected to the NIIT, impacting expected returns. This added tax can often come as an unexpected burden for many real estate investors and can substantially alter net profits.

Moreover, for investors facing one-time substantial gains, like the sale of appreciated property or stock, the NIIT can further diminish increased earnings, suggesting the crucial need for planned and timed sales or exchanges.

Consultation and Compliance

Given the complexity and the potential financial impacts of the NIIT, working with qualified tax advisors and investment professionals is crucial for tailoring strategies to individual circumstances. They can help in understanding the implications fully and developing plans that optimize investment returns while ensuring compliance with tax obligations.

In conclusion, recognizing and planning for the tax on investment income is essential for property owners and investors aiming to maximize their returns. Leveraging tax code nuances, such as those within the NIIT, provides an opportunity not just to preserve wealth but to grow it strategically. As with all financial strategies, professional advice is often invaluable to navigate this intricate landscape effectively.