Does a taxpayer include capital gains from the sale of a business in which they materially participate when calculating net investment income tax

[eph147]

Guidance on form 8960 suggests that capital gains on a business in which the taxpayer is a material participant should be excluded from the net investment income tax provided the gain does not exceed the fair market value immediately prior to the sale. Turbo Tax does not seem to account for this and includes the gain even when material particpation in the LLC is selected.

[DianeW777]

You can make an adjustment for this tax by using the steps here in TurboTax Online.

• Search (upper right) > type net investment income tax > click the Jump to... link > Continue to adjust this based on the screen when you see Form 8960.