Unearned Income

Unearned income is income from sources other than personal services, including interest, dividends, capital gains, rental income, royalties, pensions, and Social Security. It is subject to the 3.8% NIIT above certain thresholds and kiddie tax rules apply to children.

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Exam Tip

Unearned = not from services. NIIT 3.8% above $200K/$250K. Kiddie tax on children's unearned income > $2,500. SS and pensions = unearned but NOT subject to NIIT.

What is Unearned Income?

Unearned income (also called investment or passive income for NIIT purposes) is income not derived from active work or services.

Types of Unearned Income

TypeExamples
InterestBank accounts, bonds, CDs
DividendsQualified and ordinary dividends
Capital gainsStocks, real estate, other assets
Rental incomeNet rental income
RoyaltiesPatents, copyrights, minerals
Pensions/annuitiesRetirement distributions
Social SecurityBenefits (0-85% taxable)

Net Investment Income Tax (NIIT)

3.8% surtax on unearned income for taxpayers with MAGI above $200,000 (single) or $250,000 (MFJ). Tax applies to lesser of NII or excess MAGI over threshold.

Kiddie Tax

Children under 19 (or under 24 if full-time student) with unearned income above $2,500 (2025) are taxed at the parent's marginal rate on the excess.

Exam Alert

Unearned income includes interest, dividends, capital gains, rent, royalties. Subject to 3.8% NIIT above $200K/$250K. Kiddie tax applies to children's unearned income above $2,500 at parent's rate. Social Security and pensions are unearned but NOT subject to NIIT.

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