The facts: 

Effective January 1, 2013, net investment income for high-income households (over $200,000 individuals/$250,000 married couples) will be subject to the 3.8% Medicare Tax (part of the health care bill).  Capital gains are included in the definition of net investment income, so this additional tax could apply to the sale of real property.

Primary homes will continue to benefit from the first $250,000/$500,000 exclusion before the tax applies.  Second home sales do not have this exclusion, so the 3.8% tax would apply to “the portion of the gain realized on the sale of a second home or investment property that with bring the filer’s AGI (adjusted gross income) over the $200,000/$250,000 limit”.

Source: New Jersey Association of Realtors- legislative update.  The National Association of Realtors posted a Q&A on the provisions of the new health care bill on www.realtor.org/healthreform