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.
Matthew McKelvey is president of the McKelvey Group with over 25 years of experience in finance, accounting, government contracting, business valuations, process optimization and training. Matt is well known for his expertise in working with organizations as they seek to enter or grow their footprint in the Federal Government marketplace. In addition to direct client consulting in price and proposal strategies, compliance, and accounting, Matt speaks regularly and teaches courses to the Government contracting community. The subject matter of the speaking engagements and training include price/cost proposal strategies, DCAA audit preparation, compliant accounting systems, indirect cost structures, incurred cost submissions and negotiating with the federal government. The McKelvey Group is a National Association of State Boards of Accountancy-recognized continuing professional education program sponsor providing CPE credits in accordance with nationally recognized standards. Matt holds an MBA in Finance and Marketing and a BS in Finance. He is a Six Sigma Certified Black Belt, a member of the National Contract Management Association and the Association of Proposal Management Professionals, and is an Accredited Senior Appraiser with the American Society of Appraisers. For more information, visit www.themckelveygroup.com.
Rick Metsger is a member and former chairman of the National Credit Union Administration board.
Jennifer Jordan is the director of mom & baby at Aeroflow Healthcare, a medical equipment provider that has provided breast pumps through insurance to hundreds of thousands of women. A working and once-breastfeeding mom, Jennifer — along with her team — aims to support all moms on their breastfeeding journey through support, education and exceptional customer service.
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.”