Investors & landlords

don't know if this applies to you but there is a special rule for traders in financial instruments. income including interest, dividends, and capital gains from the trade or business of trading financial instruments such as stocks, bonds, options, forward or futures contracts or commodities is included in NII regardless of whether the business is a passive activity Reg 1.411-5(a)(2). the determination of this is made at the entity level.

(c) Trading in financial instruments or commodities -

(1) Definition of financial instruments. For purposes of section 1411 and the regulations thereunder, the term financial instruments includes stocks and other equity interests, evidences of indebtedness, options, forward or futures contracts, notional principal contracts, any other derivatives, or any evidence of an interest in any of the items described in this paragraph (c)(1). An evidence of an interest in any of the items described in this paragraph (c)(1) includes, but is not limited to, short positions or partial units in any of the items described in this paragraph (c)(1).

(2) Definition of commodities. For purposes of section 1411 and the regulations thereunder, the term commodities refers to items described in section 475(e)(2).

 

 

if this is not your situation and your dividends are exempt from the NIIT the adjustment is made through the 8960 on line 7