As part of Obama Care, we have a new tax beginning in 2013. The official name of this tax is the “Unearned Income Medicare Contribution Tax,” and even though the name implies it is a contribution, don’t get the idea you deduct it as a charitable contribution. It is, in actuality, a surtax levied on the net investment income of higher-income taxpayers.
The surtax is 3.8% on the lesser of your net investment income or the excess of your modified adjusted gross income (MAGI) over a threshold based on your filing status. MAGI is your regular AGI increased by income excluded for working out of the country; net investment income is your investment income reduced by investment expenses.
The filing status threshold amounts are:
- $250,000 for married taxpayers filing jointly and surviving spouses.
- $125,000 for married taxpayers filing separately.
- $200,000 for single and head of household filers.
Investment income includes:
- Interest, dividends, annuities (but not distributions from IRAs or qualified retirement plans), and royalties,
- Rents (other than derived from a trade or business),
- Capital gains (other than derived from a trade or business),
- Home sale gain in excess of the allowable home gain exclusion,
- Your child’s investment income in excess of the excludable threshold if, when eligible, you elect to include your child’s investment income on your return,
- Trade or business income that is a Sec. 469 passive activity with respect to the taxpayer, and
- Trade or business income with respect to trading financial instruments or commodities.
Investment expenses include:
- Investment interest expense,
- Investment advisory and brokerage fees,
- Expenses related to rental and royalty income, and
- State and local income taxes properly allocatable to items included in Net Investment Income.
The surtax also applies to undistributed net investment income of trusts and estates, and there are special rules applying to the sale of partnership and Sub-S Corporation interests.
If this surtax will apply to you in 2013, you may need to increase your income tax withholding or estimated tax payments to cover the additional tax so you can avoid or minimize an underpayment of estimated tax penalty when you file your 2013 return.
If you have questions about this new tax or wish to do some related tax planning, please give our office a call.
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