This bill increases the net investment tax for certain taxpayers and appropriates revenue from the net investment tax to the Federal Hospital Insurance Trust Fund (which finances Medicare Part A). The bill also requires the Internal Revenue Service (IRS) to issue additional guidance on the net investment tax.
The bill requires individuals with a modified adjusted gross income (MAGI) exceeding $400,000 ($500,000 for joint filers and $250,000 for married individuals filing separately), estates, and trusts to pay a tax of 3.8% on the greater of their specified net income or net investment income, subject to limitations. (Under current law, individuals with a MAGI exceeding $200,000 [or $250,000 for joint filers], estates, and trusts pay a 3.8% tax on net investment income.)
The bill defines specified net income by expanding the definition of net investment income to
include gross income from any trade or business (unless subject to employment taxes), including interest, dividends, annuities, royalties, and rents; include net gain from the disposition of business property; eliminate the exclusion of income from the investment of working capital; and eliminate the exception related to certain active partnership or S corporation interests. The bill also
expands the net investment tax definition of a trade or business , disallows net operating losses in calculating net investment income, includes certain foreign-sourced income in net investment income, and requires the IRS to issue guidance on the treatment of certain corporate distributions for purposes of the net investment tax.