The new Net Investment Income Tax goes into effect starting in 2013. It is the part of the Affordable Care Act (Obamacare) which adds a 3.8% surtax on individuals, estates and trusts that have certaing investment income above threshold amounts. These amounts are set to be $200,000 for single filers and $250,000 for married, joint taxpayers. For trusts and estates, the 3.8% surtax will apply to the highest tax bracket, which will be reached at $7,500 in taxable income.

Another large proposal within the Regulation is the imposition of “mark to market” on non-traders. Put simply, this would cause most passive investors to lose the ability to ever accumulate capital gains. The mark to market rule would require recognition of gain or loss on all investment holdings at the end of each year.
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If you have more interest, or if you would like to comment on the Regulation, the website is https://www.federalregister.gov/articles/2012/12/05/2012-29238/net-investment-income-tax#h-20 for the Proposal.