The top Republican and Democrat on the Senate Finance Committee said the Treasury Department “missed the mark” in new guidance that limits tax breaks for businesses that get their Paycheck Protection Program loans forgiven.
In a joint statement Thursday, Senate Finance Chairman Chuck Grassley and Democrat Ron Wyden said the Treasury is depriving some small businesses of much-needed economic relief by forcing them to choose between getting their PPP loans forgiven or claiming write-offs on expenses they covered with the loan money. The IRS published guidance on the issue Wednesday.
“Regrettably, Treasury has now doubled down on its position in new guidance that increases the tax burden on small businesses by accelerating their tax liability, all at a time when many businesses continue to struggle and some are again beginning to close,” Grassley and Wyden said.
The congressional reaction to the guidance puts additional pressure on the Treasury and Internal Revenue Service to allow taxpayers to claim the expense deductions. Grassley and Wyden encouraged the IRS to reverse its position.
The lawmakers said they are working to include language in year-end legislation clarifying that taxpayers qualify for expense deductions even if their loans are forgiven. That could be included in government spending legislation that Congress must pass by Dec. 11 before federal funding runs out.
Chris Moran, a tax attorney for law firm Venable LLP, said, “the IRS guidance seems to be inconsistent with congressional intent” in the CARES Act, which created PPP loans for businesses struggling from the pandemic. The law stated that the forgiven loan won’t be taxed, but didn’t specify whether companies could still write off the expenses they covered with that money.
Kate Mitchell is the chief executive officer at Edge Intelligence. Prior to that she was CEO of CopperEye. She possesses nearly three decades of wide-ranging, customer-facing executive success with such database leaders as Oracle and IBM. Prior to joining CopperEye, Mitchell was senior vice president of marketing and business development for SeeBeyond Technology Corporation, where she worked with such customers as Target, barnes&noble.com, JP Morgan Chase and General Motors to grow revenues 400 percent in her four-year tenure and establish SeeBeyond as the global leader in business integration. Contact her at kate.mitchell@edgeintelligence.com.
Andrew Hewitt is an analyst at Forrester Research serving infrastructure and operations professionals. Andrew’s research focuses on enterprise mobility and how organizations can create better mobile experiences for employees that, in turn, improve customer outcomes. He is a contributor to Forrester's employee experience research, and his key coverage areas include enterprise mobility, unified endpoint management, enterprise mobility management, and bring-your-own-device (BYOD). He also looks at how companies can employ IoT technologies in the workplace to improve employee experience and productivity.
Previous Work Experience
Prior to his role as analyst, Andrew served as a researcher on Forrester's infrastructure research team, focusing on enterprise mobility and IoT-connected smart buildings. Before that, he was a senior research associate; he spent his time researching the cloud and hyperconverged infrastructure market. Before joining Forrester, Andrew worked as a help desk assistant for the Aspen Institute in Aspen, Colorado.
Education
Andrew graduated summa cum laude from The George Washington University in Washington, D.C. with a B.A. in international relations.
Dave Dyell is president and CEO of Jellyfish Health.
Excluding the forgiven loan from tax “is essentially meaningless if the expenses funded by the loan are nondeductible,” Moran said.
Still, many taxpayers aren’t expecting to get permission to claim the deductions, from the IRS or Congress, in the short term.
“I think most of them are, at least for now, resigned” to not getting the write-offs, Joe Kristan, a partner at the accounting firm Eide Bailly LLP in Des Moines, Iowa. “They’d certainly like to be allowed by Congress to step in and allow their deductions, but they’re not counting on it.”