My client has sold a rental real estate property and I cannot figure out how to get Pro-Series Basic to not have the sale subject to Net Investment Income Tax

[tcook3509]

The taxpayer actively participates in the rental activity. There was no where to mark not subject to net investment tax on the disposition form.  

[itonewbie · Accepted solution]

Active participation does not preclude the application of NIIT.  Did the rental rise to the level of §162 or meet the exception for not being a passive activity and was reported as such while it was in service?  If not, NIIT should be assessable.