PolicyBrief
H.R. 917
119th CongressFeb 4th 2025
Mortgage Debt Tax Forgiveness Act of 2025
IN COMMITTEE

Makes permanent the exclusion of forgiven mortgage debt on a primary residence from being counted as gross income for tax purposes, applying to debt discharged after December 31, 2025.

Julia Brownley
D

Julia Brownley

Representative

CA-26

LEGISLATION

Mortgage Debt Tax Break Made Permanent: Homeowners Get Long-Term Relief

The "Mortgage Debt Tax Forgiveness Act of 2025" makes a crucial tax break permanent for homeowners. The core change? It ensures that any forgiven mortgage debt on your primary home won't be counted as taxable income. This is a big deal because, normally, when a debt is forgiven, the IRS treats it like income you have to pay taxes on. This bill, however, keeps that from happening with mortgage debt.

Tax Relief in the Real World

This bill permanently extends a rule that was set to expire. It applies to any qualified principal residence indebtedness discharged after December 31, 2025 (SEC. 2). The new law solidifies financial protection for homeowners who find themselves underwater on their mortgages. Basically, if you and your lender agree to a loan modification or a short sale where part of your mortgage is forgiven, you won't get hit with a surprise tax bill on that forgiven amount.

  • Real-World Impact: Imagine a family facing job loss who can no longer afford their original mortgage payments. Their lender agrees to reduce the principal balance to make the payments manageable. Under the old rules, that forgiven chunk of debt could be taxed. With this bill, that family gets to keep their home and avoid a hefty tax bill they probably couldn't afford anyway. Or consider a homeowner who has to sell for less than they owe (a "short sale"). The bank forgives the difference, but without this law, that forgiven amount becomes taxable income. This bill removes that burden.

Potential Downsides: A Look at the Fine Print

While this bill offers significant relief, there are a couple of points to consider. By making mortgage debt forgiveness permanently tax-free, it could create a situation where some borrowers are less cautious. Knowing that forgiven debt won't be taxed might make strategic defaults slightly more tempting. Similarly, lenders might be a bit too willing to forgive debt, knowing the borrower won't face tax consequences. This is known as potential for "moral hazard" – where people take on more risk because they're shielded from the full consequences. However, it's crucial to remember that most people facing foreclosure or financial hardship aren't trying to game the system; they're simply trying to stay afloat.