Misinformation has been spreading around the Internet that the Obama Administration will finance the new health care legislation with a tax on real estate. C.A.R. would like to clarify. The new law imposes a 3.8% tax for households in the top tax brackets on “unearned income.” This includes capital gains. However, this will not impact the exclusion on capital gains earned from the sale of a primary residence up to $250,000 for individuals and up to $500,000 for married couples. The 3.8% tax will only apply to capital gains above the normal exclusion.