Wednesday, August 11, 2010
by Kimberly Schmidt
I’ve heard rumors about how Obama will be implementing a sales tax on all home sales as part of the new taxes written into the Healthcare Bill. However, this is not exactly true. While there is a tax that has the potential to affect real estate sales, there is no real estate “sales tax” or a real estate transfer tax in the bill. This tax, commonly referred to as one of the “Medicare” taxes, is a 3.8% tax on “unearned income” for “High Income” tax payers. This would apply to someone filing as “single” if their Adjusted Gross Income (AGI) is over $200,000. For those who are married and filing a joint return, this tax would apply if their AGI was over $250,000.
Here is how this tax would apply to a home sale. For single filers, if the gain on a home sale is less than $250,000, that gain is excluded from the income tax and the 3.8% tax does not apply. If the seller is filing a joint return, for gains less than $500,000, the 3.8% tax does not apply. The only time a seller will have to pay the 3.8% tax is if he has a gain of more than $250,000 (for single filers) or $500,000 (for joint filers) AND if he has AGI above the $200,000 (single filer) or $250,000 (joint filer) AGI thresholds, as explained above. The new Medicare tax on unearned income goes into effect January 1, 2013.
For further information, check out these FAQs from the National Association of Realtors.