Recently a neighbor of mine, Barry, told me that life must be hard with the new tax that was being instituted under the Obama health care reform bill. Puzzled, I asked him what he was referring to. He said, to pay for the health care, the government would be instituting a 3.8% tax on all real estate. Thinking that this sounded out of the norm, I popped over the snopes and to the NAR (National Association of Realtors) website and here's what I found:

An article has been circulating around the internet claiming the recently passed health care legislation imposes a 3.8% tax on homes sales. The article fundamentally mis-characterizes and overstates what is actually contained in the legislation. The $250,000/$500,000 exclusion for the sale of a principal residence remains unchanged. Some individuals and families may be subject to a 3.8% tax on a portion of their unearned income. Unearned income includes interest, dividends, capital gains and net rents. The new tax will apply ONLY to for single filers with more than $200,000 of Adjusted Gross Income (AGI) and joint filers with more than AGI of $250,000.
The new Medicare tax would apply only to any gain realized that is more than the $250K/$500K existing primary home exclusion, and only if the seller has AGI above the $200K/$250K AGI thresholds. So, for example, if the taxable portion of a gain was $30,000 and a married couple had AGI (which would include the taxable gain) of $180,000, the 3.8% tax would not apply because AGI is less than $250,000. If that same couple had AGI of $290,000, then the application of the 3.8% tax would be subject to the same formula described above. The $30,000 gain on the sale would be less than the $40,000 excess above $250,000 AGI, so the $30,000 gain would be subject to the new 3.8% tax.