No, it wouldn't be subject to it in one year and not the other unless there was a tax law change. The instructions seem to indicate the the sale of your financial planning business, because it was involved as Section 1411 trade or business is not exempt from the net investment tax credit (NIIT).
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.
- Trade or business income subject to net investment income tax (NIIT). Line 4a of Form 8960 was amended to bring attention to certain income reported on Schedule C (Form 1040) and Schedule E (Form 1040) that is subject to NIIT. This change was made to the instructions for Form 8960 in tax year 2022 to better reflect section 1411(c)(2).
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