Questions and misinformation continue regarding the “3.8% federal tax on real estate sales” built into the 2010 Healthcare Reform Bill. Most sales are not subject to the tax. The Health Care legislation did create a new tax that would, starting in 2013, apply to a portion of the gain on the sale of any capital asset (including real estate) and benefit the Medicare fund. That tax will apply ONLY to individuals with more than $200,000 Adjusted Gross Income (AGI) (or $250,000 AGI on a joint return). The tax does not apply to any amount excluded from taxation under the $250,000/$500,000 principal residence rules. The tax is never imposed directly on the full amount of any capital gain.The tax is computed under a multi-step formula that captures only a portion of any gain and will only affect those with total AGI above the amounts noted above.
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