Taxation of NUA

In Ed’s latest version of his Savings Time Bomb book, starting on page 73, he mentions that the 3.8% surcharge on net investment income does not apply to NUA stock. I can’t find a reference for this in the IRS code, and am wondering how this is handled on the 1040? In my case I have company stock distributed with a $7/share company cost basis, it was valued at $50/ share when I took distribution and is now worth $150/share. I’m in the 15% long term capital gains bracket, and expected to pay tax on $143/share, and the 3.8% surcharge to the extent my net investment income exceeded $250k. Do I avoid the 3.8% on all $143/share, or just the $43 NUA amount? What forms or schedules do I use?



Thank you.  Before I started RMDs I used this stock for charitable giving, but QCDs are slightly more tax effective.  Will put your note in my file for my kids when they inherit since the NUA portion doesn’t get a step up.

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