Businesses get $100B tax write-off windfall in aid bill

Small business owners who got Paycheck Protection Program loans could qualify for big write-offs from their rescue money, amounting to what Treasury Secretary Steven Mnuchin has called a tax-break “double dip.”

Small business owners who got Paycheck Protection Program loans could qualify for big write-offs from their rescue money, amounting to what Treasury Secretary Steven Mnuchin has called a tax-break “double dip.”

The COVID-19 relief package set for a vote in Congress would clarify that business owners can deduct expenses paid for with PPP loans, which can be forgiven by the government without incurring a tax. The deduction benefit could generate more than $100 billion in tax savings for business owners, according to Brookings Institution estimates.

CORONAVIRUS IMPACT: ADDITIONAL COVERAGE

Chase Huey is Vice President, Innovation Pipeline for RGAX.  As a key member of the RGAX Global Accelerator team,  Chase is responsible for leading concept validation and  executing business concepts as they progress through the  pipeline. 

Chase has worked in a variety of industries, beginning his  career in the non-profit sector managing mobile clinics  throughout the state of Iowa focused on serving migrant  farm workers. He then moved to St. Louis after being  accepted into the Coro Fellows Program in Public Affairs,  during which time he led a number of initiatives for  corporate and political organizations. 

After completing the fellowship, Chase started a small  project management consulting practice before taking  a role as a director in clinical outreach and public health/ at-risk population research with the Saint Louis University sponsored clinic, Casa de Salud. 

Chase has a Bachelor of Arts (B.A.) degree from Carleton  College, and later received his MBA from Washington  University in St. Louis, studying Marketing and  Entrepreneurship. During his graduate studies, he  completed consulting practicums for start-ups in the U.S.  and Israel. After graduating, he worked in technology  business development and early-concept validation  consulting before joining RGAX as an Entrepreneur in  Residence and then becoming a full-time employee in 2016.

Brian Bartosh, CIC, LUTCF, is president of Top O' Michigan Solutions and a board member of SignOn Once by ID Federation. He can be reached at bbartosh@tomia247.com 

Alvito Vaz, with more than 30 years of experience in leading insurance digital transformation, is business manager of SignOn Once by ID Federation, the nonprofit coalition of insurance industry leaders committed to improving the security and efficiency of insurance transactions. He can be reached at alvito@idfederation.com.

The legislation would override Mnuchin and the IRS, who have blocked businesses from writing off rent, utilities and other business expenses paid for with tax-free money. The agency says the Tax Code prohibits that sort of doubling up of tax benefits.

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Pedestrians wearing protective masks walk on Main Street in Park City, Utah.
Kim Raff/Bloomberg

Lawmakers from both parties, including the top-ranking Democrats and Republicans on both the House and Senate tax committees, said they intended for business owners to qualify for those write-offs when they created PPP loans. The IRS said the law didn’t specify that. Congress could pass the new legislation as soon as Monday.

The provision amounts to a huge win for small business owners, with some firms potentially ending up with a negative tax rate on their PPP money — meaning the tax benefits outweigh the amount of the loan. For business owners paying the top tax rate, it generally means they can save as much as $37 on their taxes for every $100 of tax-free PPP money they received.

Second round

The $2.3 trillion bill providing COVID-19 relief and government funding for the fiscal year into 2021 includes $284 billion in additional funding for PPP loans, which were designed to limit a wave of small-business failures that could cripple the economy. The plan lets some businesses apply for a second round of funding if they can show losses during the pandemic. Deductions are allowed on second-round loans as well.

Kevin Kuhlman, vice president of federal government relations at the National Federation of Independent Businesses, said the move by Congress to make the break explicit will help PPP recipients cope with “significant cash flow problems” when tax filings are due in April.

Many small business owners may by then be scrambling to establish reopening plans as the COVID-19 vaccine distribution expands. Trying to determine what can and cannot be deducted from income with regard to PPP loans is “the last thing they need,” Kuhlman said.

Steve Rosenthal, a senior fellow at the Urban-Brookings Tax Policy Center, said that the IRS made the right policy decision, and that Congress is off base. It makes “no sense” to allow a deduction for a reimbursed expense, because the business ends up in a better position tax-wise than if it had never incurred the cost, he said.

‘Huge giveaway’

Allowing the deduction is a “huge giveaway to the richest Americans and there is no one pushing back on this — it’s really quite absurd,” he said. He calculated about $120 billion in extra tax write-offs.

That amount isn’t reflected in the COVID-19 relief and U.S. government funding legislation currently under consideration. That’s because, for budget counting purposes, it’s considered to be a fix to old legislation, rather than the establishment of a new tax break.

Rosenthal said there are some sympathetic cases of small businesses, but the best way to help them is through more direct aid, rather than an “artificial incentive through an extra deduction.”

Tax consultants said the move will help clients stay in business.

Brian Newman, a partner and practice leader of CohnReznick’s Federal Tax Services, said those include a restaurant-equipment manufacturer. Without PPP money, many “may have either been shut down for a period of time, or shut down completely,” he said.

For small farmers in Iowa that Kent Vickre, state coordinator for the Iowa Farm Business Association works with, the provision will help lower their tax liability.

“Every dollar helps. I think people with adjusted cash flow, this would be a wonderful, wonderful gift,” Vickre said.