The formulas
- Tax = 3.8% x lesser of (undistributed net investment income) or (AGI - $16,000)
- $16,000 is where the 37% bracket for estates and trusts begins in 2026
How it works
Section 1411(a)(2) imposes 3.8% on an estate or trust on the lesser of undistributed net investment income or AGI above the dollar amount where the highest bracket in Section 1(e) begins. Rev. Proc. 2025-32 places that start at $16,000 for 2026.
The individual thresholds of $200,000, $250,000 joint and $125,000 married separate are statutory and not indexed. A trust reaches its threshold at a much lower income. Distributing net investment income to beneficiaries moves it to their returns, where their own thresholds apply.
Illustrative figures only. Check the result against your firm's methodology before relying on it.
Common questions
Which trusts are exempt?
Grantor trusts, charitable trusts and trusts with all interests devoted to charity are outside the trust NIIT. Form 8960 instructions list the exceptions.
Is the $16,000 indexed?
Yes. It follows the bracket start, which Rev. Proc. 2025-32 indexes each year.
What counts as net investment income?
Interest, dividends, rents, royalties, passive income and net gain on investment property, less allocable deductions.
Sources
- 26 U.S.C. 1411, Net investment income tax (LII)
- IRS Rev. Proc. 2025-32, 2026 inflation-adjusted items (IRB 2025-45)
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