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.
Graham Gordon joined Sapiens in 2021 as Product & Strategy Director for P&C from LexisNexis Risk where he led several new vehicle data and connected car products. Prior to this Graham was part of the Senior Leadership team as Director of Marketing at telematics specialist, Masternaut (Michelin) where he led several key data and analytics initiatives, including forming much of the early analysis and commercial understanding of the value of driver-behavior in the commercial fleet and consumer car sector. Graham holds a bachelor's degree from Lancaster University, post-graduate qualifications from the Chartered Institute of Marketing and more recently completed his master's degree from the University of Cambridge, graduating from the Judge Business School's Executive MBA Program.
As a veteran in the insurance industry, Sean brings nearly 30 years of experience and expertise to Lemonade as Chief Claims Officer. In this role he's responsible for claim handling policies, procedures, and execution across all US and EU territories for Lemonade's full book of insurance products spanning renters, home, pet, car, and life.
Prior to joining Lemonade, Sean spent more than 25 years at USAA holding various leadership positions, the latest being Chief Claims Officer where he had oversight of claim handling for all personal and small commercial lines of business. During his tenure, the company doubled in size, becoming the third-largest homeowners and fifth-largest auto insurer in the US, all while delivering industry-leading loss adjustment expenses and being consistently recognized as the highest rated in claims service by JD Power.
Mike Shultz is a bestselling author of Rainmaking Conversations, Insight Selling, Virtual Selling, and Not Today: The 9 Habits of Extreme Productivity. He is the director of the RAIN Group Center for Sales Research, and president of RAIN Group, a global sales training company that delivers results through in-person and virtual sales training, coaching, and reinforcement.
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.
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.