Friday, November 9, 2012

Explaining the Obamacare taxes on real estate transactions

The National Association of Realtors published this brochure on the new taxes coming down the turnpike under Obamacare. A new tax of 3.8% will be levied on some forms of investment income. The brochure states:


"Understand that this tax WILL NOT be imposed on all real estate transactions, a common misconception. Rather, when the legislation becomes effective in 2013, it may impose a 3.8% tax on some (but not all) income from interest, dividends, rents (less expenses) and capital gains (less capital losses). Th e tax 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."

Page five discusses rental income if used as investment income. The tax will be based on the net rental income. Thus if it is below the thresholds stated in the quote, the tax does not apply. If the rental income is derived from the person's main occupation, then the tax does not apply but one of .9% is imposed on the portion above the thresholds.

The big question is how does this affect people who own second homes and do not rent them out. The tax applies (p. 7) for the portion above the thresholds.

Suppose you sell a rental property and then quickly buy another one? There are no provisions for offsets:

"The statute provides no guidance as to whether Ethan can defer the 3.8% tax by
entering into a like-kind exchange when he sells the property. This question may be addressed in regulations at a later time, but for the present is not resolved."

                                                                                                  

14 comments:

Anonymous said...

my my.... I wonder why that 47% think that all of this won't effect them? That obama "tax us into a third world nation status" plan pertaining to rent income will be passed through to the tenants.. duh! higher rent..maybe they have guzzled so much cool-aid they think obama is going to pay their rent too!!!!

Anonymous said...

It will effect our local notables the Drinkwater, Mattiace, Speed, Parker, Peters, Black, Jordan, Watkins, Underwood, Hederman, & c landed families of realm

Anonymous said...

yes indeed it will 5:33pm! but not as much as those poor saps that rent from that rogues gallery! not to mention obama jock strap carriers like our local sandwich and pizza moguls..once obamacare kicks in and he get rips in massive new taxes (to give to those slugs who won't work) you will have to pay $72.00 for a crappy sandwich at Broadstreet..heck, they aren't even worth what they charge now...

Anonymous said...

like I said in my plan, avoid all liberally owned places of business. Let Fondren take care of Fondren. The SPQ-Jeff Good-vaginafest will go on with all the young liberals and pillowbiters.

Anonymous said...

Fondren IS now Ridgeland. See 2011 assignments in various deeds of trust in the courthouse here (start with Bk 7118, 817+)... As for Maggy Bean I thought they were all docs backing them. The local real estate partnerships are all going south if the friendly Arabs or Northeast Louisiana oilmen don't save them.

Anonymous said...

Most citizens might aspire to vast real estate holdings, but the RE taxes will fall on doctors not patients. The doctors will have more insured patients who can afford to buy their prescriptions. The Blue Cross patients will have a $3k annual family deductible so they will pay cash...bottom line is the providers will continue to enjoy their real estate holdings.

Anonymous said...

...and pass the costs down to the consumer.

Anonymous said...

Many prequisites are required to be met before this tax is triggered, and even then, it only applies to the excess over a certain high threshold. This allegedly diabolical tax means nothing to the vast majority of Americans because they will never have to pay it.


Go to snopes.com for an easy to understand explanation.

Anonymous said...

Taxation has been the social policy tool of choice in Washington for a couple of generations. Of course, tax policy can be anything, but what we need is revenue to pay down the national debt and remove the fiscal cliff. The House is the constitutional authority for taxation so the Speaker will declare his intentions to sacrifice himself for the good of the nation and propose a consumption tax. Social security and Medicare can be saved by removing the cap on taxable income as the easier way to rescue the program. This real estate transaction tax will raise how much as opposed to a consumption tax on gasoline which has remained in place since 1993?

Anonymous said...

" Social security and Medicare can be saved by removing the cap on taxable income as the easier way to rescue the program. "

The reason there is a cap on collections is because there is a cap on payments once one is eligible. That's how Roosevelt got it passed in the first place.

Kingfish said...

So remove the cap.

No limit on self employed. They are paying an extra 15% or so tax on the income above the current threshold. Nice. Real nice.

Also, what was wrong with what I posted above? I didn't say this applied to all real estate transactions.

Anonymous said...

The good news is that, for most of the clowns on this board, they'll never be in any of the scenarios that might lead to this tax. So, go on to the next thing.

Anonymous said...

Like you know anything about the people here.

Anonymous said...

Brilliant, anon at 4:39!



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