The 3.8% Tax of Real Estate Under the Affordable Health Care Act

Beginning January 1, 2013, a new 3.8 percent tax on certain investment income will take effect. This new tax was passed by Congress to help fund President Barack Obama’s health care and Medicare overhaul plans. This tax will not be imposed on all real estate transactions. This legislation will impose a 3.8% tax on certain income and will fall only on individuals with an adjusted gross income (AGI) above $200,000 and couples filing a joint return with more than $250,000 AGI. The new tax applies to the LESSER of (1) the investment income amount and (2) the excess of Adjusted Gross Income above $200,000 (for individuals) and $250,000 (couples filing a joint return).

 

The Mortgage Forgiveness Debt Relief Act of 2007

This act is set to expire on December 31, 2012. If it is not extended, when a seller short sells their primary residence or if the property is foreclosed upon, the difference between the amount the lender received and the outstanding loan amount will be considered taxable income.

 

How will all of this affect our market? That remains to be seen. The debt forgiveness act will most certainly affect short sales and foreclosures in a non positive way. You may also see less of the proceeds when you do sell your home.

For now the desert is bustling with real estate deals taking place. Rentals, both seasonal and long term are in big demand. What will the future hold? We shall see! To get in while prices and interest rates are still  low or find your winter home away from home, please give me a call!

 

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