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The instructions for form 8960 state that.... 'amounts subject to NIIT should be identified with code "D" in box 7. If code "D" is shown in box 7 of form 1099R , include on form 8960, line 3."
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If it was a retirement annuity - No.
Any reason to believe the 1099R is incorrect? Payers usually get it right. The investment annuities have 4D or 7D in Box 7.
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