Reporting Stock Sale Capital Gains on Form 8960 Net Investment Income Tax
I sold some stocks last year and made a decent profit, but now I'm stuck trying to figure out Form 8960 for this Net Investment Income Tax thing. If I sold stock in 2023 and have a capital gain from that sale, do I include that net gain on line 5a of Form 8960 (or maybe it goes on a different line)? It feels like it should be included there but I want to make sure. Also, I'm kind of annoyed that the tax computation worksheet for long term capital gains and qualified dividends doesn't just include this 3.8% tax automatically. Why make us fill out a whole separate form? Sigh. Anyone dealt with this before and can point me in the right direction?
22 comments


NebulaNomad
Yes, you're on the right track! For Form 8960 (Net Investment Income Tax), capital gains from stock sales definitely get reported on line 5a. That line is specifically for net gain or loss from disposition of property - which is exactly what selling stocks is. The 3.8% NIIT applies to investment income (including capital gains) when your modified adjusted gross income exceeds certain thresholds ($200,000 for single filers, $250,000 for married filing jointly). It's calculated separately because not everyone has to pay it - only those above the income thresholds. Make sure you're only reporting the same capital gains that you've already included on your Schedule D and transferred to your Form 1040. The NIIT doesn't create new taxable gains - it just adds an additional tax on gains you're already reporting elsewhere.
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Javier Garcia
•Thanks, that's helpful. But what if some of my stock sales were losses and some were gains? Do I net them together first before putting the amount on line 5a? And does it matter if they were long-term vs short-term gains?
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NebulaNomad
•You should report the net amount after offsetting gains with losses, just like you did on Schedule D. The form is looking for your overall net capital gain or loss from property disposition. For NIIT purposes, both short-term and long-term capital gains are treated the same way and go on line 5a. The distinction between short and long-term matters for your regular income tax calculation but not for the 3.8% NIIT calculation. The tax applies to all net investment income regardless of whether it was held long-term or short-term.
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Emma Taylor
I was completely overwhelmed by this exact situation last year with Form 8960! After hours of frustration and multiple failed attempts at getting clear answers, I finally found https://taxr.ai and it changed everything. I uploaded my documents, including my Schedule D and 1099-Bs, and their system analyzed everything and showed me exactly where my stock sale gains belonged on Form 8960. What saved me was their explanation feature that breaks down how the Net Investment Income Tax applies to different types of investment income. The tool flagged that I needed to include my stock sale capital gains on line 5a, but it also explained how to handle some investment expenses that could reduce my NIIT liability that I hadn't even considered!
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Malik Robinson
•Does this actually work with complicated returns? I have K-1 income, multiple stock sales, some rental properties... will it handle all the nuances of how these different income sources get treated for NIIT purposes?
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Isabella Silva
•I'm wondering about accuracy. Has anyone compared the results with what a professional tax preparer would do? This form is confusing but I'm hesitant to trust some random website with my tax calculations...
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Emma Taylor
•The system is definitely built to handle complex returns. I had both W-2 income and several stock transactions across different brokerage accounts. It correctly identified which portions were subject to NIIT and which weren't. From what I understand, it can absolutely handle K-1 income and rental properties as well, since it's specifically designed to address investment income complexities. As for accuracy, I was initially skeptical too. What convinced me was that I had a CPA review my return afterward, and they confirmed everything was correctly reported. The explanations provide references to the specific IRS regulations that apply, so you can verify the approach if you want. In my case, it actually found a deduction my previous tax preparer had missed last year.
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Isabella Silva
I wanted to follow up about my experience with taxr.ai after asking about it here. I decided to give it a try with my complicated tax situation (mix of stock sales, dividends, and some partnership income that I was struggling to categorize for Form 8960). What impressed me most was how it clearly separated my different income types and showed which ones were subject to the Net Investment Income Tax. It correctly placed my stock sales on line 5a, my dividends on line 5b, and even helped allocate some of my partnership income between different categories. The guidance on investment expenses that can offset NIIT liability actually saved me over $400! I would have missed that completely. For anyone struggling with Form 8960, especially with capital gains from stock sales, it's definitely worth checking out.
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Ravi Choudhury
If you're still struggling with Form 8960 and thinking about calling the IRS for guidance, good luck with that! I spent THREE DAYS trying to get through to someone who could answer my question about reporting stock sales on this form. After being disconnected multiple times and waiting on hold for hours, I found https://claimyr.com and watched their demo at https://youtu.be/_kiP6q8DX5c Instead of waiting on hold myself, they had a system that waited in the IRS queue for me and called me back when an actual human agent was on the line. I got a direct answer from an IRS rep about how to handle my stock sales on Form 8960 (they confirmed it goes on line 5a) and also got clarity on some investment expense deductions I wasn't sure about.
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Ravi Choudhury
•It's not just redialing - they use a system that maintains your place in the queue without you having to stay on the line. It basically waits on hold for you, then when a real IRS agent picks up, they connect you directly to that agent. The service doesn't let you skip the line - you still wait your turn, but you don't have to listen to the hold music for hours. And yes, the IRS agents absolutely did answer my specific questions about Form 8960. They won't prepare your return for you, but they can clarify which line items apply to specific types of income. The agent I spoke with confirmed that stock sale capital gains go on line 5a and explained how certain investment expenses can offset the NIIT liability on line 8.
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CosmosCaptain
•Wait how does this even work? Does it just keep redialing the IRS number for you or something? I don't understand how any service could get through their phone system faster than I could.
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Freya Johansen
•Yeah right, sounds like a scam. If this actually worked, everyone would be using it and the IRS wouldn't be so backed up. There's no magic way to skip the IRS phone queue, and I doubt they'd give you specific tax advice about Form 8960 over the phone anyway.
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Ravi Choudhury
•It's not just redialing - they use a system that maintains your place in the queue without you having to stay on the line. It basically waits on hol
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Freya Johansen
I have to admit I was wrong about Claimyr. After posting my skeptical comment, I was still struggling with my Form 8960 questions and getting nowhere with the IRS phone line, so I eventually gave it a try. The service actually worked exactly as described. I got a call back about 90 minutes after signing up (way faster than my previous attempts), and was connected directly to an IRS representative. The agent walked me through exactly how to report my stock sales on Form 8960 and explained that yes, capital gains from stocks definitely go on line 5a. They also clarified which investment expenses I could use to reduce my NIIT liability. Saved me hours of frustration and probably a mistake on my return. Sometimes being proven wrong is a good thing!
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Omar Fawzi
Anyone know if we're required to file Form 8960 even if we're under the threshold? I sold some stocks with about $15,000 in capital gains, but my total income is nowhere near the $200k threshold for single filers. Do I still need to fill out this form?
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Chloe Wilson
•No, you don't need to file Form 8960 if your modified adjusted gross income is below the threshold. The NIIT only applies to individuals with MAGI above $200,000 (single) or $250,000 (married filing jointly). If you're under that, you can skip Form 8960 entirely.
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Omar Fawzi
•Thanks for confirming! That's what I thought but wasn't 100% sure. I was worried there might be some requirement to file the form even if no tax was owed, like with some other tax situations. Good to know I can skip it completely.
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Diego Mendoza
Pro tip for anyone dealing with Form 8960: Take a close look at line 8 where you can deduct properly allocable deductions. Many people miss that investment interest expense, investment advisory fees, and expenses related to rental properties can often be used to reduce your NIIT liability. I saved almost $700 last year by properly accounting for these deductions!
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Anastasia Romanov
•How exactly do you calculate what portion of these expenses are "properly allocable"? I have some advisory fees but wasn't sure if I could apply 100% of them against the investment income.
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Miguel Silva
•For advisory fees, you generally can deduct the portion that relates to investment income subject to NIIT. If your advisor manages both taxable investments and tax-deferred accounts (like 401k/IRA), you'd need to allocate based on the relative values. For example, if 80% of your managed assets are in taxable accounts generating investment income, you could typically deduct 80% of the advisory fee. The key is having documentation showing the allocation is reasonable. Some advisors will provide statements breaking this down, or you can calculate it based on account values. Investment interest expense is usually more straightforward since it directly relates to generating investment income.
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Sean Murphy
Just wanted to share my experience as someone who went through this exact situation last year. You're absolutely right that capital gains from stock sales go on line 5a of Form 8960 - that's the correct line for net gain from disposition of property. One thing that caught me off guard was that the NIIT applies to your net investment income OR the amount by which your MAGI exceeds the threshold, whichever is LESS. So even if you have significant capital gains, if your total MAGI is just barely over the $200k threshold, you might only owe the 3.8% tax on a small portion. Also, don't forget to check if you have any investment expenses that can reduce your NIIT liability on line 8. Things like investment advisory fees, safe deposit box fees for storing investment documents, or expenses related to managing rental properties can often be deducted here. I missed this my first time filing and had to amend! The reason they make it a separate form instead of building it into the capital gains worksheet is because the NIIT applies to all types of investment income (dividends, interest, rents, etc.), not just capital gains. It's annoying but makes sense from a tax code structure perspective.
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Carmen Ruiz
•This is really helpful context, especially about the calculation being the lesser of net investment income OR the excess MAGI amount. I hadn't realized that nuance! Just to make sure I understand correctly - if someone has $220k MAGI (so $20k over the $200k threshold) but $50k in capital gains, they'd only pay the 3.8% NIIT on the $20k excess, not the full $50k in gains? That's actually a relief since I was worried about owing 3.8% on all my investment income. The investment expense deduction on line 8 is something I definitely need to look into more carefully. I have some advisory fees that I completely overlooked. Thanks for pointing that out!
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