Sooooo...this appears to be the "facts"?...all joint return
1) 3.8% tax (medicare equivalent) on investment income...GAIN on sale of a house after $500K exclusion...note the the $500K is not Sales Price...but Gain on the sale...so you would need a pretty pricey house to get too far over the $500K Gain exclusion
Once you actually reach the Gain in excess $500K exclusion...
2) the tax only applies to the extent you are OVER $250K in earning...which has some adjustments to it.
Sooooo...as often there is a kernel of truth in the base rumor that "the health law imposes a 3.8% sales tax on the sale of your residence"...but it is a SMALL kernel of truth and the tax will likely only apply to well under 1% of taxpayers (my uneducated estimate)...not sure how many both earn over $250K AND still have a $500K GAIN on their house after the housing market price carnage...and who also happen to sell their home...after 2012 when it begins to apply.
Example of Rumor vs Fact:
Rumor...sold house that cost $500K for $1,000,000...NEW tax = $38K
Fact...sold house that cost $500K for $1,000,000...cost $500,000...new tax = $ZERO
At least I think we now have defined the huge error in the rumor...which had major circulation...AND we have also defined that there was just a BIT of truth to it.
Maybe we should take on the dreaded death panels that are going to pull the plug on Granny
TMR