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.
Over his 35 years in the industry, Brent Kimball has earned a solid reputation as a specialist in pensions, retirement, and estate planning for business owners, as well as retirees. Brent has a BA from Dartmouth College and Masters in Education from Harvard University. He is also a Certified Financial Planner and Investment Advisor Representative of GWN Securities, Inc. Brent was a realLIFEstories honoree of the Life and Health Insurance Foundation for Education (LIFE), for his effort to raise awareness of the need for Americans to include insurance in their financial plans.
Brent is a past president of the MDRT Foundation and is also very active in local charities. As a 30-year MDRT member, Brent won the MDRT Foundation’s Top Quality of Life Award for Alex’s Team Foundation, an organization he helped create, which provides grief support and training for nurses working in the pediatric oncology unit of Boston Children’s Hospital.
Bimal Gandhi is CEO of Uniken.
Klaus Holse is the CEO of SimCorp, an investment management solutions provider.
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.”