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.
Bob Legters is the chief product officer of banking and payments for FIS. For the past two decades he has focused his career on products and services support for clients. He has spent 17 of those years in a leadership role with groups ranging from five to 200 employees. Before joining FIS, Legters worked with the AAA Automobile Club and various privately held organizations in the community market.
Nick Campbell is head of product strategy and innovation at Fraedom.
Srinivasa Vegi serves as president of data analytics and artificial intelligence at DMI, where he is responsible for business strategy, practice building and global project delivery. With 25-plus years of experience in information systems and 18-plus years of experience specific to data analytics, Dr. Vegi provides strategic guidance for customers to tame big data and achieve success using business intelligence, predictive analytics, AI and machine learning.
Prior to joining DMI, Dr. Vegi was at Wipro, in various capacities as head of analytics practice, APAC , head of analytics for global media and telecommunications, VP and head of the Integrated Solutions Group for Analytics Service Line and subsequently for the healthcare and lifesciences business unit.
As an accomplished business leader in strategic planning and execution, he excels at building niche competencies, delivering large transformational programs supporting growth and leveraging digital, big data, and cloud technologies impacting business outcomes. Dr. Vegi has helped many companies across varied business domains in their efforts to deploy data and analytics solutions.
Dr. Vegi earned his Ph.D. in computer science from Andhra University and his Bachelors in civil engineering from the National Institute of Technology, both in India. He has had several articles featured in trade journals.
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.”