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.
Larry Harding, president of TMF Group's Consultancy Solutions practice, launched the practice in 2017. His earlier career roles include senior audit manager and M&A consultant at Ernst & Young; CFO at numerous high-tech companies; VP of international finance for CIENA Corporation; and founder and CEO of High Street Partners, where in 2013 he was awarded EY’s Entrepreneur of the Year for the Maryland region. At CIENA, Larry was responsible for the HQ-based leadership of all finance, HR and legal requirements of more than 30 overseas subsidiaries. Larry has a BS in economics from the Wharton School of the University of Pennsylvania with a dual major in finance and accounting.
Matt Zokai, AIF, is a senior advisor of retirement services at 1st Global. He helps drive growth and retention by educating and assisting advisors with qualified plan opportunities and serves as a subject-matter expert to various teams within the company by providing technical expertise consistent with ERISA, DOL, regulatory and tax requirements for the proper design and administration of qualified and nonqualified retirement plans.
Andy Higginbotham is the senior vice president of strategic delivery in Freddie Mac's single-family business.
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.”