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Once again, I am beginning to see confusion related to the 3.8% real estate tax enacted with the Health Care Reform Act in 2010.   This is a complex tax with many misconceptions. Below is a general summary of key points of the tax:

  • It is important to note that this tax will not be imposed on all sales, there are conditions that must be met.
  • This is NOT a transfer tax.
  • When the legislation becomes effective, it may impose a 3.8% tax on some income from interest, dividends, rents, and capital gains.
  • As is, the tax will fall 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 does NOT eliminate the benefits of the $250,000/$500,000 exclusion on the sale of a principal residence. Thus, ONLY that portion of a profit above $250,000 / $500.000 on a principal residence may be subject to the tax.
  • The National Association of Realtors has prepared a Worksheet to help you better understand the implications of this tax.

Additional information can be found courtesy of the National Association of Realtors at: The 3.8% Tax & Health Care - or - The NAR's www.houselogic.com

* Again this is a complex tax AND many other tax related factors may affect your situation!  Please consult your CPA or Tax Professional for how this may affect you & your family! 

 

IRS's Top 10 Tax Tips for Home Sellers

by Christie Cannon

IRS's Top 10 Tax Tips for Home Sellers

As published in Inman News, August 15, 2011

1. In general, you are eligible to exclude the gain from income if you have owned and used your home as your main home for two years out of the five years prior to the date of its sale.

2. If you have a gain from the sale of your main home, you may be able to exclude up to $250,000 of the gain from your income ($500,000 on a joint return in most cases).

3. You are not eligible for the exclusion if you excluded the gain from the sale of another home during the two-year period prior to the sale of your home.

4. If you can exclude all of the gain, you do not need to report the sale on your tax return.

5. If you have a gain that cannot be excluded, it is taxable. You must report it on Form 1040, Schedule D, Capital Gains and Losses.

6. You cannot deduct a loss from the sale of your main home.

7. Worksheets are included in Publication 523, Selling Your Home, to help you figure the adjusted basis of the home you sold, the gain (or loss) on the sale, and the gain that you can ex-clude.

8. If you have more than one home, you can exclude a gain only from the sale of your main home. You must pay tax on the gain from selling any other home. If you have two homes and live in both of them, your main home is ordinarily the one you live in most of the time.

9. If you received the first-time homebuyer credit and within 36 months of the date of purchase, the property is no longer used as your principal residence, you are required to repay the credit. Repayment of the full credit is due with the income tax return for the year the home ceased to be your principal residence, using Form 5405, First-Time Homebuyer Credit and Repayment of the Credit. The full amount of the credit is reflected as additional tax on that year's tax re-turn.

10. When you move, be sure to update your address with the IRS and the U.S. Postal Service to ensure you receive refunds or correspondence from the IRS. Use Form 8822, Change of Ad-dress, to notify the IRS of your address change.

These Tips & More can be found at the IRS Website!

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Photo of Christie Cannon Real Estate
Christie Cannon
Keller Williams Realty
5933 Preston Road #300
Frisco TX 75034
972-215-7747
Fax: 972-215-7748
Keller Williams Frisco - The Christie Cannon Team - http://www.christiecannon.com