New House Bill Could Kill the Net Investment Income Tax

News December 19, 2024 at 11:24 AM
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A House member is continuing his fight to kill the 3.8% net investment income tax now imposed on some people's investment gains.

Rep. Bruce Westerman, R-Ark., kept the net investment income tax repeal provision in the new version of his Fair Care Act bill.

Westerman introduced the bill Dec. 12. At press time, Congress.gov had not yet posted the bill text, but a copy provided by Westerman's office was similar to earlier versions of the bill and included a similar net investment income tax repeal bill.

Westerman serves on the House Republican Study Committee, a group that helps shape policy for Republicans in Congress who take a conservative approach to policymaking. Westerman's views and Republican Study Committee proposals may become more influential during the 119th Congress, which starts Jan. 3, and after President-elect Donald Trump takes office.

What it means: Big federal budget deficits may create pressure on Congress to keep the net investment income tax in place, or even increase it, but some in Congress still hope to eliminate it.

If opponents had already eliminated the tax, that would have saved taxpayers about $49 billion this year, or about 2% of total individual federal income tax payments, according to Congressional Budget Office federal revenue data.

The Fair Care Act bill: Westerman's bill includes dozens of health care and health insurance provisions with strong, relatively broad, bipartisan support, such as a provision that would continue to forbid health insurers from considering applicants' health problems when selling and pricing coverage.

Another provision would make Affordable Care Act premium tax credit subsidies available to people with income up to 600% of the federal poverty limit.

That's less generous than the current rules, which were adopted during the middle of the COVID-19 emergency and make subsidies available at any income level if the cost of mid-level coverage would eat up more than about 10% of an individual's income.

But the 600% of federal poverty level limit is up from the limit of 400% of the federal poverty law included in the original law.

Westerman put "repeal of net investment provision" toward the bottom of the bill. The provision is two sentences long and would simply eliminate the tax.

The net investment income tax backdrop: The drafters of the Affordable Care Act added the tax in an effort to offset the cost of new ACA spending.

The tax can apply to certain types of investment income over a minimum threshold for single filers reporting as little as $200,000 in "modified adjusted gross income," or total income used for ACA benefits calculations, and for married, joint filers earning as little as $250,000.

Drafters called the tax a Medicare surtax, but advocates for Medicare funding reform, including the Senior Citizens League, have noted that Congress has put the revenue from the tax in general revenue, not in the trust fund that's supposed to support the Medicare Part A hospitalization insurance program.

Westerman has introduced similar Fair Care Act bills in the past, and the earlier versions have also included net investment income tax repeal provisions.

In addition to participating on the Republican Study Committee, he is chairman of the House Natural Resources Committee.

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