
Form 8960: Who Pays the 3.8% Net Investment Income Tax (2026)
Form 8960 figures the 3.8% Net Investment Income Tax when MAGI tops $200,000 single or $250,000 joint. What counts as NII, line by line, worked examples.
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Last reviewed: August 11, 2026

The foreign tax credit reduces your US income tax dollar for dollar by the income taxes you paid to another country, and you claim it on Form 1116 unless your total foreign taxes were $300 or less ($600 married filing jointly), all on passive income reported on a 1099. In that small-investor case you skip Form 1116 entirely and enter the credit straight on Schedule 3, Line 1. Everyone else files Form 1116, where the credit is capped by a formula: your US tax multiplied by the share of your taxable income that came from foreign sources.
Key takeaways:

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The foreign tax credit is the mechanism in IRC §901 that prevents the same dollar of income from being taxed twice, once by a foreign country and once by the United States. Because the US taxes citizens and residents on worldwide income, a freelancer in Berlin or an investor holding an international index fund would otherwise pay tax on the same income to two governments. The credit offsets US tax with the foreign income tax already paid.
A foreign tax has to pass four IRS tests to be creditable: it was imposed on you, you paid or accrued it, it was a legal and actual liability (not refundable to you), and it is an income tax or a tax in lieu of one. Taxes paid to any foreign country or US territory count, including taxes charged by a province, state, or city abroad.
The credit is claimed on Form 1116, Foreign Tax Credit, which attaches to your Form 1040, and the result lands on Schedule 3, Line 1. If your foreign income is wages or freelance earnings and you live abroad, the other big lever is the foreign earned income exclusion; our companion guide to Form 2555 and the FEIE covers that side, and a comparison table below shows when each one wins.
Take the credit. Foreign income taxes can alternatively be deducted as an itemized deduction on Schedule A, but a deduction only reduces the income being taxed, while the credit reduces the tax itself. Pay $1,000 of foreign tax in the 22% bracket and the deduction saves you $220, and only if you itemize at all. The credit saves the full $1,000, on top of the standard deduction.
The choice is annual and all-or-nothing: for any one tax year you must treat every foreign income tax the same way, all credit or all deduction, though you can switch from year to year. The deduction occasionally wins in edge cases, such as taxes that fail a credit rule (boycott-tainted taxes, certain denied-country taxes) or years with no US tax for the credit to offset and no carryover value. For a typical filer with foreign dividends or foreign earnings, the credit wins by a wide margin.
You can claim the foreign tax credit without filing Form 1116 at all if you meet all three conditions of the election under IRC §904(j):
Meet all three and you enter the smaller of your total foreign tax or your regular US tax directly on Schedule 3 (Form 1040), Line 1. No limitation math applies. The trade-off: in an election year you cannot carry unused foreign tax to or from any other year, which rarely matters at these amounts. The election is not available to estates or trusts.
Daniel's 1099-DIV. Daniel is a single W-2 engineer earning $140,000 with a taxable brokerage account holding international index funds. His 1099-DIV shows $240 of foreign tax paid in box 7, passed through by the funds under IRC §853, with the country reported as "RIC" because regulated investment companies report in aggregate. All his foreign income is fund dividends on a 1099, and $240 is under the $300 ceiling, so he types $240 onto Schedule 3, Line 1 and is done. This is the single most common foreign tax credit in America, and box 7 is the most commonly ignored box on a brokerage statement. At Anna Money, serving 60,000+ small businesses, we watched cross-border paperwork go unfiled constantly; an unclaimed box 7 is the US retail version of the same leak.
If Daniel's box 7 had shown $450, he would file Form 1116 for the passive category. The cliff is real: one dollar over the threshold brings the whole form, including its qualified-dividend adjustment rules. How his dividends themselves get taxed is a separate question, covered in our guide to dividend taxation.
Form 1116 exists mostly to compute one number, the limitation of IRC §904(a):
Credit limit = US tax before credits × (foreign-source taxable income ÷ total taxable income)
The logic: the credit may wipe out the US tax attributable to your foreign income, but never the US tax on your US income. If 75% of your taxable income is foreign-source, at most 75% of your US tax can be absorbed by the credit. If everything you earned is foreign-source, the ratio is 1 and the limit equals your entire US tax. The ratio is capped at 1, and your credit is always the smaller of the limit or the foreign tax you actually paid.
Two things the credit never offsets, because line 20 of Form 1116 counts only regular income tax under IRC §26(b)(1): self-employment tax and the 3.8% net investment income tax. A freelancer abroad can zero out income tax with the FTC and still owe SE tax, and an investor over the NIIT threshold owes the 3.8% with no foreign offset. You can size the US-tax side of the formula with our income tax calculator.
Interactive
Your foreign tax credit limit
Enter the four numbers behind Form 1116, Part III and see how much of your foreign tax comes back this year, and how much carries over.
Form 1116, line 17: foreign income minus the deductions allocated to it.
Form 1116, line 18: taxable income from your Form 1040.
Form 1116, line 20: your regular income tax, not SE tax or NIIT.
Form 1116, line 14: creditable foreign taxes, in US dollars.
Foreign tax credit this year
$13,170
The limitation caps your credit at $13,170 even though you paid $28,000. The unused $14,830 carries back 1 year, then forward 10.
Models the §904 limitation for one income category: US tax × (foreign-source taxable income ÷ total taxable income), ratio capped at 1. Assumes no line 16 adjustments, no qualified-dividend rate adjustment, and no prior-year carryovers. Defaults are Sofia's 2026 example from this article.
Estimate your US tax before creditsSofia is a single US citizen freelancing as a UX designer from Berlin. In 2026 she bills $115,000 to her clients, deducts $15,000 of business expenses, and nets $100,000, all earned while physically working in Germany, which makes every dollar foreign-source general category income. She pays $28,000 of German income tax (converted to US dollars). Under the US–Germany totalization agreement her social security contributions go to Germany, so she owes no US self-employment tax and gets no SE deduction. One expert detail: because IRC §199A limits the QBI deduction to income effectively connected with a US trade or business, her German-performed work produces no QBI deduction either. She takes the $16,100 standard deduction, leaving taxable income of $83,900 and US tax of $13,170 from the 2026 single brackets. Line references below are from the 2025 revision of Form 1116, the latest available; the IRS shifts line numbers between revisions, so check the current form before filing.
Part I builds the numerator of the limitation ratio: foreign income minus the deductions allocated against it. Line 3 exists because deductions that aren't tied to any specific income, like the standard deduction, get spread across US and foreign income by the ratio of gross foreign income to total gross income. Sofia's income is 100% foreign, so 100% of her standard deduction allocates against it.
| Form 1116, Part I (general category, Germany) | Amount |
|---|---|
| Line 1a: gross receipts from German clients | $115,000 |
| Line 2: business expenses definitely related to line 1a | $15,000 |
| Line 3a: standard deduction | $16,100 |
| Line 3f: gross foreign income ÷ gross income from all sources | 1.0000 |
| Line 3g: standard deduction allocated to foreign income | $16,100 |
| Line 6: total deductions and losses | $31,100 |
| Line 7: net foreign-source taxable income (to line 15) | $83,900 |
Part II lists the foreign taxes by country, in the foreign currency and in US dollars. Cash-basis filers (almost everyone) report taxes in the year paid, translated at the exchange rate on the date of payment; you can instead elect the accrual method, but the choice is binding for future years. Sofia enters her $28,000 of German income tax, and the column total flows to line 9.
Part III runs the limitation. Watch how the two candidate numbers, taxes paid ($28,000) and the ceiling ($13,170), meet at line 24.
| Form 1116, Part III | Amount |
|---|---|
| Line 9: foreign taxes from Part II | $28,000 |
| Line 10: carryover from Schedule B (none, first year) | $0 |
| Line 12: reduction for taxes on excluded income (no Form 2555) | $0 |
| Line 13: taxes reclassified under high tax kickout | $0 |
| Line 14: total foreign taxes available for credit | $28,000 |
| Line 15: foreign-source income from line 7 | $83,900 |
| Line 17: net foreign-source taxable income after adjustments | $83,900 |
| Line 18: taxable income from Form 1040 | $83,900 |
| Line 19: line 17 ÷ line 18 (capped at 1) | 1.0000 |
| Line 20: US tax before credits | $13,170 |
| Line 21: limitation (line 20 × line 19) | $13,170 |
| Line 24: smaller of line 14 or the limitation | $13,170 |
For 2025-revision returns, line 18 is taxable income with an add-back the instructions spell out: the new $6,000-per-person senior deduction from Schedule 1-A (Form 1040), Line 37 goes back in before you divide. Sofia is under 65, so her line 18 is plain taxable income. Filers with foreign qualified dividends or capital gains also scale those down on line 1a (multiply by 0.4054 at the 15% rate, 0.5405 at 20%) unless they fit the adjustment exception, roughly: taxable income below the 32% bracket and under $20,000 of foreign qualified dividends plus gains.
Part IV collects the line 24 credits from every category Form 1116 you filed, and since the 2025 revision it must be completed even with a single form. Sofia enters $13,170 on the general category line, totals it on line 32, takes the smaller of that or her line 20 tax on line 33, and carries $13,170 to Schedule 3 (Form 1040), Line 1.
The result: Sofia's US income tax falls from $13,170 to $0. Germany's higher tax fully absorbs the US bill, and her unused $14,830 of foreign tax ($28,000 − $13,170) is banked as a carryover. Her German bank account triggers one more filing: the FBAR (FinCEN Form 114), which is separate from the tax return entirely.
Form 1116 is filed per income category, and each basket runs its own limitation, so high foreign tax in one basket cannot shelter income in another. You check exactly one box per form.
| Box | Category | What lands in it |
|---|---|---|
| a | Section 951A (GILTI) | US shareholders of controlled foreign corporations |
| b | Foreign branch | Profits of a foreign branch of a US business |
| c | Passive | Dividends, interest, capital gains, most rents and royalties |
| d | General | Wages, self-employment profit, active business income |
| e | Section 901(j) | Sanctioned countries; the credit is generally denied |
| f | Re-sourced by treaty | US income treated as foreign under a tax treaty |
| g | Lump-sum distributions | Foreign pension lump sums |
For freelancers, employees, and investors, only two baskets usually matter: passive (box c) for investment income and general (box d) for earnings. Someone with both a foreign salary and foreign dividends files two Forms 1116 and summarizes them in one Part IV.
Passive income taxed abroad at a rate higher than the top US rate gets "kicked out" of the passive basket into the general category, entered with HTKO notations on line 13 of both forms. The point is to stop heavily taxed passive income from generating excess credit that shelters lightly taxed passive income. Most small filers never touch it, but it is why the passive basket instructions keep referencing rates.
Qualifying means passing the four tests, and the fourth test, "is it an income tax," does most of the rejecting. A tax on what you earn qualifies; a tax on what you buy or own does not.
Creditable:
Never creditable:
The treaty-rate line deserves attention: if a country withholds 25% on your dividends but the treaty caps it at 15%, only the 15% is a legal and actual liability. The other 10% is creditable nowhere; you claim it back from the foreign government. Cross-border withholding paperwork runs in both directions, and our W-8BEN vs W-9 guide covers which certificate controls the rate.
If a foreign country later refunds part of a tax you credited, that is a foreign tax redetermination: you generally amend with Form 1040-X and report the change on Schedule C (Form 1116).
Unused foreign tax credit is not lost. Whatever exceeds your limitation carries back one year first, then forward up to ten years, but only within the same income category. Sofia's $14,830 of excess general-category tax can offset a prior-year US tax bill on foreign earnings, or wait for a future year when her limitation exceeds her foreign tax, for example a year with a large US-source income slice or a move to a lower-tax country. Carryovers are reconciled on Schedule B (Form 1116), which attaches every year you have one. Two exceptions: section 951A (GILTI) taxes get no carryback or carryforward at all, and a $300/$600 election year is walled off, with nothing carried into or out of it.
The FTC and the FEIE attack double taxation from opposite ends: the credit offsets US tax with foreign tax paid, while the exclusion removes up to $132,900 (2026) of foreign earned income from US tax entirely. Our Form 2555 guide walks the exclusion in depth; here is the decision at a glance.
| Foreign tax credit (Form 1116) | Foreign earned income exclusion (Form 2555) | |
|---|---|---|
| Mechanism | Cuts US tax dollar for dollar | Excludes up to $132,900 (2026) of earned income |
| Income covered | Any foreign-source income, earned or passive | Earned income only; never dividends or interest |
| Qualifying test | Paid a creditable foreign income tax | Bona fide residence or 330-day physical presence |
| Wins in | High-tax countries (Germany, UK, Japan) | Low- or no-tax countries (UAE, Cayman) |
| Unused benefit | Carries back 1 year, forward 10 | Nothing carries over |
| IRA eligibility | Income remains compensation; you can contribute | Fully excluded income can block IRA contributions |
| Additional child tax credit | Allowed | The refundable portion is barred in a Form 2555 year |
| Flexibility | Fresh choice every year | Revoking the election locks you out for 5 years without IRS consent |
Sofia is the textbook FTC case. Germany taxes her at more than the US does, so the credit zeroes her US income tax, banks a carryover, keeps her income counting as compensation for a Roth IRA, and commits her to nothing for future years. Had she used the FEIE instead, she would have excluded her income but wasted the German tax paid on it, since taxes on excluded income are not creditable. The two can also combine, earned income above the exclusion cap can still absorb credit, but Form 1116's line 12 then strips out the taxes allocable to the excluded slice, which is exactly the trap that section exists for.
Our open-source skill library at github.com/jupid-tax/jupid-skills includes a dedicated forms/form-1116 skill that walks an AI agent through the form the way this article does. It starts with the de-minimis test to check whether you can skip Form 1116 under the $300/$600 election, sorts your foreign income into the right baskets, converts foreign amounts to US dollars, and builds Parts I through IV including the §904 limitation. It also runs the credit-versus-deduction comparison, tracks unused credit for Schedule B carryovers, and hands off the final number to Schedule 3. Load it into Claude or another agent and review the draft against your foreign tax documents before filing.
Claiming taxes that are not income taxes. German VAT on your laptop and Grundsteuer on your apartment fail the fourth test. Only the Einkommensteuer, the income tax, belongs on line 8.
Crediting withholding above the treaty rate. If the treaty says 15% and the broker withheld 25%, the extra 10% is reclaimable from the foreign government and not a legal and actual liability, so it never enters Part II.
Mixing baskets on one form. Foreign wages (general) and foreign dividends (passive) require two Forms 1116 with separate limitations, summarized in a single Part IV.
Expecting the credit to cover SE tax or NIIT. Line 20 counts only regular income tax under §26(b)(1). Sofia's US income tax went to zero; a freelancer without a totalization agreement would still owe the full 15.3% SE tax.
Skipping the line 12 reduction when combining with the FEIE. Taxes allocable to income excluded on Form 2555 must come out of the credit pool. Leaving them in overstates the credit and invites a notice.
Losing carryovers by not filing Schedule B. The $14,830 Sofia banked only survives on paper. Schedule B (Form 1116) reconciles the running balance every year it exists.
Form 1116 punishes messy records: the limitation needs your foreign income separated from US income, and Part II needs every foreign tax in both currencies. Jupid is an AI accountant in WhatsApp and iMessage that connects to your bank accounts and categorizes every transaction at 95.9% accuracy, so foreign client payments and tax remittances stay labeled all year instead of being reconstructed in April. Ask "how much did I pay Germany this year?" in chat and the answer comes from your real transactions, with real-time insight into what the credit can absorb. When filing season arrives, the numbers Form 1116 wants already exist. Try Jupid.
This guide is for general educational purposes and does not constitute tax, legal, or accounting advice. The foreign tax credit interacts with treaties, totalization agreements, and your specific mix of income in ways this overview cannot capture. For advice specific to your situation, consult a qualified tax professional.

CEO & Co-Founder
Fintech CEO with 10+ years building accounting and financial technology products. Previously co-founded and scaled an AI-powered accounting platform to $30M revenue and 100K+ business users, achieving 30,000 customers per accountant through automation — recognized by CNBC as a top fintech company. Holds a Master's in Management Information Systems. At Jupid, he leads the development of AI-native bookkeeping, tax, and compliance tools designed for freelancers and small business owners.

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