Starting in 2013, all non-grantor trusts and estates with income of over $11,200 (indexed for inflation) (note the Wall Street Journal recently stated that $12,000 is the threshold) will be subject to a new net investment tax of 3.8%. Until recently, investors were waiting to see how the Supreme Court would rule on the new health care plan. Now that the plan has been upheld, the tax is sure to come into effect. The IRS has not yet issued guidance.