The news is primarily attributed to a statement from Sam Runyon, a spokesperson for Senator Joe Manchin (D-WV), who was quoted as expressing the Senator’s support for Medicare solvency. A similar NIIT proposal had previously been included in the House-passed Build Back Better Act.
This tax, often referred to as the “unearned income Medicare contribution surtax,” was originally enacted as a revenue-raising provision of the Affordable Care Act. For applicable taxpayers, the 3.8 percent surtax applies to the lesser of (i) their total net investment income, or (ii) the amount by which their adjusted gross income (AGI) exceeds $200,000 ($250,000 for joint filers). Net investment income is exclusively composed of any “passive investment income,” such as interest, dividends, and capital gains.
The proposed modification to NIIT would expand the 3.8 percent surtax to apply to nonpassive business income for taxpayers that report an AGI greater than $400,000 ($500,000 for joint filers, trusts, and estates). In practice, this would primarily apply to the previously exempt net-passthrough income of partnerships, LLCs, S-corporations, and sole proprietorships.
This NIIT expansion would significantly raise taxes on thousands of small, medium, and large businesses operating as passthrough entities, (which 79% of family businesses do), as an additional 3.8% income tax!