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How to Avoid the 3.8% Investment Tax and Keep More of Your Money

How to Avoid the 3.8% Investment Tax and Keep More of Your Money

How to Avoid the 3.8% Investment Tax and Keep More of Your Money

Broker checklist
Broker checklist

The Net Investment Income Tax (NIIT) is a 3.8% surcharge tax that increases the effective tax rate imposed on investment property income, such as interest, dividends, capital gains, Income from annuities, rental income, and other passive income. It was designed to help pay for the Affordable Care Act (Obamacare) and has remained part of the tax code since it became effective in 2013. The tax is computed on the smaller net investment income or the excess of modified adjusted gross income over set income thresholds. The income thresholds vary with filing status: $250,000 for married filing jointly, $125,000 for married filing separately, and $200,000 for single taxpayers. The tax is not indexed to inflation, so many more taxpayers have been affected by this tax since its enactment. This tax is often overlooked since it is not built into the normal tax rate schedules.

To minimize this tax, investors should consider lowering their modified AGI, reducing net investment income, deferring capital gains, and donating appreciated assets. For example, married taxpayers looking to take advantage of the 15% long-term capital gains tax on their sale of stock might be required to pay an 18.8% tax rate if the stock is sold in a year when their modified adjusted gross income is above $250,000. In this case, it might be better to sell the stock in the future when their modified adjusted gross income is lower than the $250,000 threshold.

The Trump administration has floated a proposal to eliminate the NIIT and reduce the maximum long-term capital gains tax rate from 20% to 15%. If these proposals become law, they would give investors much greater flexibility to recognize capital gains without the adverse consequences hidden in the current tax rate structure. Investors should stay aware of tax legislation this year since the tax rates under the Tax Cuts and Jobs Act will expire at the end of 2025.                                    

For additional reading, see:

https://www.kiplinger.com/taxes/more-people-pay-the-nii-surtax-every-year-kiplinger-tax-letter?form=MG0AV3

https://kahnlitwin.com/blogs/tax-blog/reducing-the-3-8-net-investment-income-tax-in-2025-4-key-strategies

https://www.financedevil.com/will-trump-reduce-capital-gains-tax/?form=MG0AV3&form=MG0AV3

DISCLOSURE:

Investment advisor representative of securities and investment advisory services offered through Cetera Advisor Networks LLC, member FINRA/SIPC, a broker/dealer, and Registered Investment Advisor. Cetera is under separate ownership from any other named entity. In addition, some Investment advisory services are offered through Fulcrum Wealth Advisors, LLC. Fulcrum Wealth Advisors, LLC is a registered investment advisor in the State of Washington. 

Branch Address: 10940 NE 33rd PL., #210 Bellevue, WA 98004     Branch Phone: 877-400-0260

Fulcrum Wealth Advisors
10940 NE 33rd Pl.
Suite #210
Bellevue, WA 98004

(877) 400-0260
info@fulcrumwa.com

Check the background of this investment professional on FINRA's BrokerCheck  →

Registered Representatives offering securities and advisory services through Cetera Advisor Networks LLC (doing insurance business in CA as CFGAN Insurance Agency LLC), member FINRA/SIPC, a broker/dealer and a Registered Investment Adviser.

Individuals affiliated with Cetera firms are either Registered Representatives who offer only brokerage services and receive transaction-based compensation (commissions), Investment Adviser Representatives who offer only investment advisory services and receive fees based on assets, or both Registered Representatives and Investment Adviser Representatives, who can offer both types of services.

Fulcrum Wealth Advisors, LLC is a state of Washington Registered Investment Advisory firm at: 10940 NE 33rd Pl., Suite #210, Bellevue, Washington 98004 United States.

Cetera is under separate ownership from any other named entity. Investment advisory services and tax consulting services are offered through Fulcrum Wealth Advisors, LLC.

This site is published for residents of the United States only. Financial Advisors of Cetera Advisor Networks may only conduct business with residents of the states and/or jurisdictions in which they are properly registered. Not all the products and services referenced on this site may be available in every state and through every advisor listed. For additional information please contact the advisor(s) listed on the site, visit the Cetera Advisor Networks site at: www.ceteraadvisornetworks.com

​Fulcrum Wealth Advisors, LLC is a registered investment adviser in the State of Washington & Texas. We may not transact business in states where we are not appropriately registered, excluded, or exempted from registration. Individualized responses to persons that involve either the effecting of transaction in securities or the rendering of personalized investment advice for compensation, will not be made without registration or exemption.

All investing involves risk, including the possible loss of principal. There is no assurance that any investment strategy will be successful. For a comprehensive review of your personal situation, always consult with a tax or legal advisor. Neither Cetera Advisor Networks LLC nor any of its representatives may give legal or tax advice.

© 2025 Fulcrum Wealth Advisors, LLC. All rights reserved.​

Website design: Radically Distinct

Fulcrum Wealth Advisors
10940 NE 33rd Pl.
Suite #210
Bellevue, WA 98004

(877) 400-0260
info@fulcrumwa.com

Check the background of this investment professional on FINRA's BrokerCheck  →

Registered Representatives offering securities and advisory services through Cetera Advisor Networks LLC (doing insurance business in CA as CFGAN Insurance Agency LLC), member FINRA/SIPC, a broker/dealer and a Registered Investment Adviser.

Individuals affiliated with Cetera firms are either Registered Representatives who offer only brokerage services and receive transaction-based compensation (commissions), Investment Adviser Representatives who offer only investment advisory services and receive fees based on assets, or both Registered Representatives and Investment Adviser Representatives, who can offer both types of services.

Fulcrum Wealth Advisors, LLC is a state of Washington Registered Investment Advisory firm at: 10940 NE 33rd Pl., Suite #210, Bellevue, Washington 98004 United States.

Cetera is under separate ownership from any other named entity. Investment advisory services and tax consulting services are offered through Fulcrum Wealth Advisors, LLC.

This site is published for residents of the United States only. Financial Advisors of Cetera Advisor Networks may only conduct business with residents of the states and/or jurisdictions in which they are properly registered. Not all the products and services referenced on this site may be available in every state and through every advisor listed. For additional information please contact the advisor(s) listed on the site, visit the Cetera Advisor Networks site at: www.ceteraadvisornetworks.com

​Fulcrum Wealth Advisors, LLC is a registered investment adviser in the State of Washington & Texas. We may not transact business in states where we are not appropriately registered, excluded, or exempted from registration. Individualized responses to persons that involve either the effecting of transaction in securities or the rendering of personalized investment advice for compensation, will not be made without registration or exemption.

All investing involves risk, including the possible loss of principal. There is no assurance that any investment strategy will be successful. For a comprehensive review of your personal situation, always consult with a tax or legal advisor. Neither Cetera Advisor Networks LLC nor any of its representatives may give legal or tax advice.

© 2025 Fulcrum Wealth Advisors, LLC. All rights reserved.​

Website design: Radically Distinct

Fulcrum Wealth Advisors
10940 NE 33rd Pl.
Suite #210
Bellevue, WA 98004

(877) 400-0260
info@fulcrumwa.com

Check the background of this investment professional on FINRA's BrokerCheck  →

Registered Representatives offering securities and advisory services through Cetera Advisor Networks LLC (doing insurance business in CA as CFGAN Insurance Agency LLC), member FINRA/SIPC, a broker/dealer and a Registered Investment Adviser.

Individuals affiliated with Cetera firms are either Registered Representatives who offer only brokerage services and receive transaction-based compensation (commissions), Investment Adviser Representatives who offer only investment advisory services and receive fees based on assets, or both Registered Representatives and Investment Adviser Representatives, who can offer both types of services.

Fulcrum Wealth Advisors, LLC is a state of Washington Registered Investment Advisory firm at: 10940 NE 33rd Pl., Suite #210, Bellevue, Washington 98004 United States.

Cetera is under separate ownership from any other named entity. Investment advisory services and tax consulting services are offered through Fulcrum Wealth Advisors, LLC.

This site is published for residents of the United States only. Financial Advisors of Cetera Advisor Networks may only conduct business with residents of the states and/or jurisdictions in which they are properly registered. Not all the products and services referenced on this site may be available in every state and through every advisor listed. For additional information please contact the advisor(s) listed on the site, visit the Cetera Advisor Networks site at: www.ceteraadvisornetworks.com

​Fulcrum Wealth Advisors, LLC is a registered investment adviser in the State of Washington & Texas. We may not transact business in states where we are not appropriately registered, excluded, or exempted from registration. Individualized responses to persons that involve either the effecting of transaction in securities or the rendering of personalized investment advice for compensation, will not be made without registration or exemption.

All investing involves risk, including the possible loss of principal. There is no assurance that any investment strategy will be successful. For a comprehensive review of your personal situation, always consult with a tax or legal advisor. Neither Cetera Advisor Networks LLC nor any of its representatives may give legal or tax advice.

© 2025 Fulcrum Wealth Advisors, LLC. All rights reserved.​

Website design: Radically Distinct