To: Moonray who wrote (144296 ) 11/2/2012 7:59:59 PM From: John Koligman 2 Recommendations Read Replies (2) | Respond to of 213176 There is also going to be a 3.8% surcharge on those capital gains for higher earners starting next year... Regards, John Additional 3.8% Medicare Tax on Investment Income For 2013 and beyond, higher-income individuals may also be hit with an additional 3.8% Medicare tax on all or part of their net investment income, which is defined to include long-term gains and dividends. The recent Supreme Court ruling paves the way for this new tax. Net investment income for purposes of the additional 3.8% Medicare tax means: The sum of: 1. Net gains from property held for investment (including the taxable portion of gains from selling personal residences). 2. Gross income from dividends. 3. Gross income from interest. 4. Gross income from rental activities. 5. Gross income from royalties. 6. Gross income from annuities. 7. Gross income from passive business activities. 8. Gross income from the business of trading in financial instruments or commodities. Minus deductions that relate to the above income categories. Exception for Business Activities : Income from categories 1-6 is generally not taken into account for purposes of the additional 3.8% Medicare tax if the income is from a business activity. Exception to the Exception : Income from categories 1-6 is taken into account if it is from a passive business activity or the business of trading in financial instruments or commodities. For example, net gains from selling rental properties could apparently be hit with the additional 3.8% Medicare tax, and so could net gains from selling passive investments in partnerships and S corporations. Exception for Distributions from Tax-Favored Retirement Plans : Net investment income for purposes of the additional 3.8% Medicare tax does not include distributions from tax-favored retirement plans and accounts such as 401(k) plans, pension plans, traditional IRAs, and Roth IRAs. Income Threshold and Tax Base : The additional 3.8% Medicare tax will not apply unless your modified adjusted gross income (MAGI) exceeds: (1) $200,000 for an unmarried individual, (2) $250,000 for a married joint-filing couple, or (3) $125,000 for those who use married filing separate status. Example 1 : In 2013, you and your spouse will file jointly and have MAGI of $300,000 and $60,000 of net investment income. You will owe the 3.8% additional Medicare tax on $50,000 (the lesser of your excess MAGI of $50,000 or your net investment income of $60,000). Example 2 : In 2013, you will file as an unmarried individual with MAGI of $300,000 and $90,000 of net investment income. You will owe the 3.8% additional Medicare tax on $90,000 (the lesser of your excess MAGI of $100,000 or your net investment income of $90,000).