The 2010 health reform legislation introduced a new 3.8% tax on the net investment income of high-income taxpayers. That tax, which I suspect you will hear more about in coming months, goes into effect on January 1, 2013.
This tax raises important policy issues, not least of which is whether Congress should give the name “Unearned Income Medicare Contribution” to an investment tax whose proceeds have nothing to do with Medicare.
The most pernicious myth, however, is that this new tax will apply to home sales. This meme appears regularly in the blogosphere. I even encountered out at the Kauffman bloggers conference. But it’s completely untrue.
As Howard Gleckman explains over at TaxVox:
Yes, the health law will impose a 3.8 percent tax on investment profits and other non-wage income starting in 2013. But that tax applies only to couples with adjusted gross income of $250,000 (or individuals with AGI [adjusted gross income] of $200,000). About 95 percent of households make less than that, and will be exempt from the law no matter what.
In addition, couples who sell a personal residence can exclude the first $500,000 in profit from tax ($250,000 for singles). That would be profit from a home sale, not proceeds. So a couple that bought a house for $100,000 and sold it for $599,000 would owe no tax, even under the health law.
If that couple had AGI in excess of $250,000 and made a profit of $500,010, it would owe the new tax. On ten bucks. That would be an extra 38 cents.
The Tax Policy Center figures that in 2013 about 0.2 percent of households with cash income of $100,000-$200,000 would pay any additional tax under this provision. And they’d pay, on average, an extra $235. Keep in mind that is added tax on all sources of non-wage income, not just home sales.
In short, the tax applies to capital gains, not home sales. Most capital gains on primary residences are exempt from tax. And it only hits high-income taxpayers. That doesn’t mean you have to like it. But opponents really need to get their facts straight.
P.S. For more information about the tax, please see my recent Tax Notes article: “Health Reform’s Tax on Investment Income: Facts and Myths“.