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McBrayer Blogs

Showing 2 posts tagged medicare tax.

Trusts Can "Materially Participate" in Businesses

Estate planning attorneys and financial planners now have much-needed guidance about "material participation" and "personal services" as they relate to trusts. The Tax Court recently ruled that a trust materially participated in its rental real estate business and therefore could deduct the losses it incurred in conducting those activities as losses from non-passive activities. The court rejected the IRS's argument that "personal services" performed in real estate activities must be performed by an individual, not a trust. This ruling is especially important considering the introduction of the "Medicare Tax" which imposes a 3.8% surtax on net investment income (the definition of net investment income includes income derived from a trade or business that is a passive activity to the investor). More >

Understanding the Additional Medicare Tax and Medicare Surtax on Net Investment Income

The IRS began accepting 2013 tax returns today. Over the past year, there has been a lot of debate about the impact of the 0.9% Additional Medicare Tax and the 3.8% Medicare surtax on net investment income ("surtax") , but taxpayers may not have paid much attention to the new taxes...until now. More >

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