What Government Shutdown Means for REALTORS®
LOUISIANA REALTORS • January 8, 2019
As produced and published by the National Association of REALTORS® as of January 8, 2019
As of midnight on December 21, 2018, the President and Congress were unable to agree on the provisions of a Continuing Resolution (CR) to fund the federal government. As a result, a partial shutdown of some government operations has occurred. This partial shutdown includes some federal housing, mortgage and other programs of interest to the real estate industry. A summary of the impact on selected agencies is provided below. While this is a very politically dynamic event, NAR staff continue to monitor federal agencies and work with Congress, the Administration and other groups to assess ongoing impacts to NAR members and their businesses.
ENVIRONMENTAL PROTECTION AGENCY
CONTACT US
Under EPA's shutdown plan, most employees are now furloughed. This will affect various regulatory programs and compliance activities, such as wetlands determinations under the 404 program and enforcement of the lead-based paint disclosure and renovation, repair and painting programs.
FEDERAL HOUSING ADMINISTRATION
HUD’s Contingency Plan states that FHA will endorse new loans in the Single Family Mortgage Loan Program except for HECM loans. It will not make new commitments in the Multi-family Program during the shutdown. FHA will maintain operational activities including paying claims and collecting premiums. FHA Contractors managing the REO/HUD Homes portfolio can continue to operate. Some delays with FHA processing may occur due to short staffing (click here
for more info).
GOVERNMENT SPONSORED ENTERPRISES (GSES)
During previous shutdowns, Fannie Mae and Freddie Mac have continued normal operations since they are not reliant on appropriated funds. On December 26th both GSEs updated or clarified their loan purchase requirements in case of a shutdown. Freddie Mac requires all borrowers to sign a 4506T request form prior to close, but the request does not have to be processed prior to close. Fannie Mae requires the same unless the borrower’s income can be verified though Fannie Mae’s proprietary Desktop Underwriter verification system in which case no 4506T is required.
INTERNAL REVENUE SERVICE
The IRS will close and suspend the processing of all forms, including requests for tax return transcripts (Form 4506T). While FHA and VA do not require these transcripts, they are required by many lenders for many kinds of loans, including FHA and VA. Delays can be expected if the shutdown continues. Some loan originators may adopt revised policies during the shutdown, such as allowing for processing and closings with income verification to follow, as long as the borrower has signed a Form 4506T requesting IRS tax transcripts. On loans requiring a Form 4506T, see the GSE section above for additional details.
NATIONAL FLOOD INSURANCE PROGRAM (NFIP)
After NFIP operations were initially suspended over questions raised by government attorneys, NAR worked with the White House and Congress to clarify that the government shutdown does not affect the sale or renewal of flood insurance policies or the payment of claims on existing policies. Disaster relief, airport screenings and other essential homeland security functions are unaffected. Click here for the FEMA release resuming the full and normal operations of the NFIP.
RURAL HOUSING PROGRAMS
The U.S. Department of Agriculture will not issue new rural housing Direct Loans or Guaranteed Loans. Scheduled closings of Direct Loans will not occur. Scheduled closings of Guaranteed Loans without the guarantee previously issued will be closed at the lender’s own risk.
VISA PROGRAMS - EB-5 AND H-2B
Until the shutdown ends and the Regional Center EB-5 program extension is signed into law, the EB-5 Immigrant Investor Regional Center Program is suspended and no new I-526 petitions can be filed. Investors must continue to file timely responses to USCIS Requests for Evidence (RFE) and Notices of Intent to Deny (NOID). In addition, investors may continue to prepare and file I-829 petitions. While the Department of Labor was funded for 2019, the Department of Homeland Security was not. Therefore, while the H-2B Temporary Worker Visa program is still operational for workers currently in the U.S., the DHS is unable to approve any new or returning workers under an H-2B visa.
FEDERAL GOVERNMENT SHUTDOWN SURVEY
An NAR survey
of 2,211 members found 75 percent had no impact to their contract signings or closings. However, 11 percent did report an impact on current clients and 11 percent on potential clients. If respondents reported an impact on current or potential clients, they were asked further details. Respondents were allowed to pick more than one response, as they may be working with more than one client. The most common impact, at 25 percent, was the buyer decided not to buy due to general economic uncertainty, though they were not a federal government employee. Among those impacted by the shutdown, 17 percent had a closing delay because of a USDA loan.
As previewed last week, NAR is pleased to share the latest consumer guide focused on assistance programs. This guide explains how to identify the right assistance program for your needs, the types of expenses these programs can help with, and what steps to take to access support. As a reminder, all guides in this series are available for download—in both English and Spanish—on facts.realtor . Please allow a few days for the Spanish version of the latest resource to be translated and uploaded. For ease of reference, below is a list of the most recent guides: NEW: Assistance Programs Buyer’s vs. Seller’s Markets Estate Planning Mortgage Interest Tax Deduction Understanding & Protecting Yourself from Title Fraud Thank you for continuing to engage with the “Consumer Guide” series and for sharing the resources with prospective clients so that they have the information they need to find success in their homebuying or selling journey. Please remember that these guides are for informational purposes only and are not meant to enact or change any existing NAR policy. Be on the lookout for next week’s guide on Wednesday, which will cover real estate auctions.
As previewed last week, NAR is pleased to share the latest consumer guide focused on Buyer’s vs. Seller’s Markets. This guide explains how knowing whether conditions favor buyers or sellers can help consumers make smarter, more confident decisions when buying or selling a home. As a reminder, all guides in this series are available for download—in both English and Spanish—on facts.realtor . Please allow a few days for the Spanish version of the latest resource to be translated and uploaded. For ease of reference, below is a list of the most recent guides: NEW: Buyer’s vs. Seller’s Markets Estate Planning Mortgage Interest Tax Deduction Understanding & Protecting Yourself from Title Fraud Buying Land and Building a New Home Deeds and Titles Thank you for continuing to engage with the “Consumer Guide” series and for sharing the resources with prospective clients so that they have the information they need to find success in their homebuying or selling journey. Please remember that these guides are for informational purposes only and are not meant to enact or change any existing NAR policy. Be on the lookout for next week’s guide on Wednesday, which will cover assistance programs.
The House of Representatives early this morning passed the One Big Beautiful Bill Act that delivers significant wins for the real estate sector, reinforcing tax provisions long championed by the National Association of REALTORS®. NAR’s advocacy team successfully secured its top five tax priorities in the bill, including an enhanced small business tax deduction, a strengthened state and local tax deduction, and protections for the mortgage interest deduction. The bill also makes the current lower individual tax rates permanent and increases the child tax credit, moves that could help increase homeownership access for more American families. In addition to NAR’s top tax priorities, the bill includes a broad range of other NAR-supported provisions—such as enhancements to the Low-Income Housing Tax Credit, estate tax certainty, renewed Opportunity Zone incentives, and the creation of tax-advantaged child investment accounts that can be used for qualified expenses of the beneficiary such as first-time home purchases—all of which strengthen housing affordability, investment, and generational wealth. “We appreciate House leaders for taking this important step with a bill that supports hardworking families and strengthens the real estate economy. With lower tax rates, SALT relief, and new incentives for small businesses and community development, this proposal brings real benefits to everyday Americans,” says Shannon McGahn, NAR executive vice president and chief advocacy officer. “While significant changes are possible as this bill moves to the Senate, NAR will stay closely engaged with lawmakers to ensure real estate remains a central focus,” McGahn says. “We are committed to advocating for provisions that expand opportunity, support homeownership, strengthen communities nationwide, and put the American Dream within reach for more families.” In a recent national survey commissioned by NAR, Americans expressed strong support for retaining provisions in the 2017 Tax Cuts and Jobs Act critical to the real estate economy and homeownership. Fully 76% of voters are aware of efforts to extend the Tax Cuts and Jobs Act. Among those familiar with the law, support grows significantly when specific provisions are highlighted—86% back lower income tax rates for individuals and married couples, 83% support a new 20% deduction for independent contractors and small businesses earning under $400,000, and 80% favor tax incentives aimed at spurring investment in underserved communities. The national survey of 1,000 registered voters was commissioned by NAR and conducted by Public Opinion Strategies and Hart Research April 3–6, 2025. It has a margin of error of 3.10%. Below is a summary of the provisions included in the current bill: Top Five NAR Tax Priorities 1. Qualified Business Income Deduction (Section 199A) The bill permanently increases the QBI deduction from 20% to 23%. This deduction benefits more than 90% of NAR members, who are classified as independent contractors or small business owners. 83% of voters said they supported the 20% tax deduction for independent contractors and small businesses making less than $400,000 a year, according to NAR’s national poll. 2. State and Local Tax Deduction (SALT) The SALT deduction cap is quadrupled from $10,000 to $40,000 for households earning under $500,000. However, the bill does not eliminate the marriage penalty. Thus, whether taxpayers are single filers or married couples filing a joint return, they can deduct a maximum of $40,000 in state and local taxes. The income cap and deduction both grow 1% every year over a 10-year window. 3. Individual Tax Rates Current individual tax rates, lowered as part of the TCJA, are made permanent and indexed for inflation, aiding taxpayers and improving affordability for prospective homebuyers. 86% of voters support the lowered income tax rates for individuals and married couples, according to NAR’s national poll. 4. Mortgage Interest Deduction (MID) The draft preserves and makes permanent the MID at its current level, maintaining a key tax benefit for homeowners and supporting housing market stability. There had been concern MID might be reduced or eliminated as a budget offset 91% of voters support maintaining tax incentives such as the mortgage interest deduction for homeowners, according to the NAR poll. 5. Business SALT and 1031 Like-Kind Exchanges The draft bill protects Section 1031 like-kind exchanges, which are often erroneously regarded as a tax loophole. It also includes no changes for most businesses deducting state and local taxes (sometimes referred to as “Business SALT"). While the bill does provide limits in state-level business SALT workarounds for certain high-income professionals (e.g., law firms, hedge funds, consulting businesses, and other services), the provisions do not appear to impact real estate professionals. Additional Positive Tax Provisions for Real Estate Economy Low-Income Housing Tax Credit (LIHTC) Key provisions from the LIHTC Improvement Act will be included to support affordable housing development. Child Tax Credit Increased to $2,500 (2025–2028) Temporarily raises the child tax credit through 2028 and then indexes it for inflation starting in 2029. The child tax credit supports families and could help with housing affordability. Creation of Tax-Advantaged Child Investment Accounts Can be used for qualified expenses of the beneficiary such as first-time home purchases. Permanent Estate and Gift Tax Threshold Set at $15 Million (Inflation-Adjusted) Prevents a significant drop in exemption levels and supports generational wealth transfer, aligning with NAR priorities. No Top Tax-Rate Increase The proposed 39.6% top rate was removed from the bill. Restoration of "Big 3" Business Tax Provisions Full expensing of research and development (R&D) Bonus depreciation Fixes to interest expense deduction limits Immediate Expensing for Certain Industrial Structures Applies to structures used in manufacturing, refining, agriculture and related industries. No Change to Carried Interest Treatment Opportunity Zones Renewed with revised incentives to encourage targeted investment, including in rural areas. 80% of voters expressed support for tax incentives for investors to encourage economic growth and development in underserved and poorer communities, according to NAR’s recent national poll.
