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Tagged: tax

Net Investment Income Tax (NIIT)

By Bob Palechek, CPA | October 2, 2020

Today’s blog is about Net Investment Income Tax, otherwise referred to as “NIIT”.   NIIT came into existence on January 1, 2013, and applies to individuals, estates, and trusts.  The focus for today is on individuals.

NIIT is a tax on certain types of investment income applied at 3.8% if the taxpayer has income above certain income thresholds.   The income thresholds for single filers is Modified Adjusted Gross Income (MAGI) above $200,000.   For married filing jointly files, the MAGI amount is $250,000.  These thresholds have been the same since 2013 and are not indexed for inflation.

The 3.8% is applied to the lower of net investment income or the amount of your MAGI that exceeds the applicable threshold amount.   For example, if a married couple has net investment income of $150,000 with a MAGI of $305,000, then the 3.8% tax will be applied to $55,000 (since $305,000-$250,000 is lower than $150,000).   In this scenario, the NIIT tax reported and owed will be $2,090.  The calculation and reporting of NIIT is found on IRS Form 8960.

Types of Investment Income included in NIIT:

-Interest and dividends (including qualified dividends)

-Capital gains and capital gain distributions

-Rent and royalty income

-Non-qualified annuities

-Income and gains from passive activities (where the owner is not involved)

-Gains from the sale or disposition of those passive activities

Types of Investment Income not included in NIIT:

-Tax-exempt interest

-Distributions from qualified plans (typical IRA’s ROTH’s, and 401(k)’s)

-Any portion of the gain on your home if excluded under Section 121.

So RMD’s from my IRA are not subject to NIIT?   Correct, but if the RMD amount raises your MAGI above the applicable threshold, it will trigger NIIT on your net investment income.  This is especially important when looking at Roth Conversions!  If this causes an additional 3.8% tax on your investment income, it should be factored into the current cost of the Roth Conversion.  Fortunately, the tax planning software we utilize factors all of this into the Roth Conversion Analysis plans we perform for our clients.

One last common item that I see preparers miss on tax returns:   If a business that you own and operate rents from real estate that you also own, a sale of that real estate that generates a capital gain is excluded from NIIT.  The IRS allows the gain to be considered as part of the business activity and not subject to the 3.8% additional tax, if applicable.

Tax Planning With Charitable Donations

By Bob Palechek, CPA | August 7, 2020

This article is to provide you a summary of how charitable deductions work, what is allowed and not allowed, limitations, and new items (see end of article).

Charitable donations are deducted on Sch A as itemized deductions.  With the increase in standard deduction amounts (now $24,800 for married filing jointly) along with a $10,000 limit on State and Local Taxes (SALT), breaking the threshold for claiming itemized deductions versus the standard deduction is harder than ever.  This means while your charitable intent is a good thing, it may not necessarily bring tax savings.  At least through 2025, after that we go back to the old rules.

It can therefore make tax planning sense to lump or bunch together charitable donations in every other year.  Trying to max out a year to receive a tax benefit.  Charity paid with a credit card counts in the year of the credit card charge and not when you pay the credit card.  Donor-advised funding can help with breaking the threshold in the year of the donation then spread the gift in smaller amounts to specific charities over several years.

Allowable donations include; money or property donated to churches, synagogues, temples, mosques, other religious organizations, non-profit schools and hospitals, public parks, and public charities.  If you are unsure, please visit WWW.IRS.GOV.  The IRS maintains a database of qualifying charities.

Non-Allowable donations include; money or property donated to civic leagues, sports clubs, chambers of commerce, most foreign organizations, individuals and politicians.  If you are unsure, please ask your tax person.  An addition to this category began in 2018, if you make a payment to a college for the right to purchase sporting event tickets, that payment is no longer deductible!

Substantiation of donations that do not exceed $250 in any one day to anyone organization can be supported by bank records.  Cash donations require written acknowledgment from the Charity as well as all donations that exceed the $250 rule.

Non-cash donations, the most popular being made to resellers of thrift goods.  Think clothing, books, household items, electronics, etc.  Best practice is to keep detailed records of precisely what you donated, exact quantities, and fair market value of each item.  Larger claimed deductions should have the best records.  The IRS has taken several taxpayers to court previously and were successful in their efforts.  The Courts believed the donations occurred but denied the deduction because there were no detailed records to back-up the donation deduction.

If you make a donation but receive something in value in return, the fair market value of what you receive needs to be deducted from the donation amount.  For example, if you bid on a gift basket at a charitable auction, only the amount you actually pay above the value of the gift basket is deductible.

There are limitations in how much you can deduct each year.  Cash donations are limited at 60% of adjusted gross income currently through 2025, then back to 50%.  Capital gains property, for example, stock in a public company is limited to 30% of adjusted gross income.  This can be a nice tax planning tool if you have some highly appreciated stock, as you get the fair market value as a possible deduction on Sch A and can avoid paying capital gains tax on the appreciation.  If you choose to only deduct the cost of the stock, you can obtain a 50% limitation, but this would be kind of unusual.  The good news, anything not allowed by virtue of a limitation can carry forward for up to five years.  The same percentage limits carry forward as well.

New for this year only (CARES Act):  The limitation for cash donations is now 100% of AGI, not 60%.  You can shelter all of your taxable income this year with a charitable donation.  The same five-year carryover rule applies.  Also, under CARES Act, anyone can claim a $300 charitable deduction without having to itemize.

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