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    Posted: July 30, 2010 | Posted by CBPA | No Comments

    The rumor you have heard that the new federal healthcare law imposes a tax on real estate transactions is true.  However it might not be as bad as first reported. Our friends at Marcus & Millichap looked into the issue and report that the bill does NOT call for tax on all real estate transactions as many had feared.  Instead, the bill imposes a 3.8% tax on the lesser of 1) your capital gain on a transaction, or 2) your net income above AGI on your 1040 (in that tax year), and the tax would be paid with your income tax filing.  The bill is silent on exchanges.  This all goes into effect on January 1, 2013.  This information comes from HR 4872 Title 1, Subtitle E, Chapter 2, Section A.  But tax law is complicated, so please check with your financial advisors.

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