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.
Andrew Hogan is a senior analyst serving customer experience professionals. He focuses on experience design — specifically user interface (UI) and user experience (UX) design for websites, apps, messaging, and digital-physical interactions. He researches the future of experience design, identifies trends and patterns, analyzes best practices, and examines which experience design services firms and agencies are best suited to help and how.
Previous Work Experience
Prior to joining Forrester, Andrew was associate director of digital strategy at agency R2C Group, working with clients on site, social, CRM, and paid acquisition efforts.
Before R2C Group, Andrew was a senior strategist at digital and innovation agency T3. There, he guided strategy on apps, social efforts, CRM programs, and site and product prototypes. He also led the agency’s research into mobile's effect on consumer expectations and its connection to customer experience.
Education
Andrew holds a BBA in marketing from Texas State University.
Matt Loeb is chief executive officer with the ISACA.
Cheryl Ajluni is the IoT solutions lead at Keysight Technologies. Prior to that, she worked as a technical editor and editor-in-chief for magazines such as Electronic Design and Wireless Systems Design, and as an engineer in various positions in the aerospace industry. Cheryl is a patented engineer with a B.Sc. in physics and mathematics from the U.C. Davis and has co-authored multiple books on topics such as RF circuit design and wireless systems design.
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.”