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February 24, 2023
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Sale of rental property

  • February 24, 2023
  • 1 reply
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How is Net Investment Income Tax applied to sale of rental property?  This is in addition to capital gains tax and personal income tax?  

Best answer by Anonymous_

See https://www.irs.gov/instructions/i8960#en_US_2022_publink10003330

 

Generally, net gain from the disposition of property not used in a trade or business and net gain or loss from the disposition of property held in a section 1411 trade or business is included in net investment income if included in taxable income.

 

Note: 

Section 1411 trade or business.

Generally, a trade or business that’s either a passive activity for the taxpayer or is a trade or business of trading in financial instruments or commodities. See section 1411(c)(2) and Regulations section 1.1411-5(a).

1 reply

Employee
February 24, 2023

See https://www.irs.gov/instructions/i8960#en_US_2022_publink10003330

 

Generally, net gain from the disposition of property not used in a trade or business and net gain or loss from the disposition of property held in a section 1411 trade or business is included in net investment income if included in taxable income.

 

Note: 

Section 1411 trade or business.

Generally, a trade or business that’s either a passive activity for the taxpayer or is a trade or business of trading in financial instruments or commodities. See section 1411(c)(2) and Regulations section 1.1411-5(a).