Settling the Question of a Real Estate Tax in Obamacare

Kathryn Nix / October 22, 2010

By now, Americans have become well acquainted with the fact that the Patient Protection and Affordable Care Act (PPACA) will have a multitude of adverse effects. The new law is certain to add to the federal deficit. It increases taxes on all Americans in a number of different ways, encourages employers to dump coverage, and will cause many to lose their current health plan. However, a circulating claim that the PPACA includes a tax on real estate sales has misinformed the American public.

There is not a new specific tax on all real estate transactions in the PPACA. But that’s not the end of the story. There is a surtax on real estate transactions that are already taxed under current law. Capital gains in excess of $500,000 from the sale of primary residences already face the capital gains tax. The new tax in the PPACA will raise the rate on these gains.

The Tax Foundation clears the air by explaining how the new tax will work: (more…)