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.
Barry Zane is vice president of engineering at Cambridge Semantics. He brings substantial development experience and industry expertise in building large-scale products for data analysis.
Prior to Cambridge Semantics, Zane was co-founder and CEO of SPARQL City where he served as vice president of technology, whose high performance scalable graph database technology has been acquired by Cambridge Semantics and integrated within its Smart Data Lake and other offerings.
Previously, Zane was co-founder and CTO of Paraccel, a high performance scalable relational database system which provides the basis for Amazon Redshift. Paraccel was acquired by Actian Corporation as the Matrix product line. He was a co-founder and vice president of technology and architecture at Netezza, which after a successful IPO, was acquired by IBM. Before Netezza, Barry was CTO of Applix, Inc. Applix was also later acquired by IBM.
Barry began his career at Prime Computer, as a hardware engineer and ultimately various roles in software development and management. He holds a degree in Electrical Engineering from Carnegie Mellon University.
John Prisco is the chief executive officer and president of Quantum Xchange, provider of the first Quantum Key Distribution (QKD) dark fiber network in the U.S. His 30-year career and depth of experience in telecommunications, cybersecurity and quantum physics have led John to a pivotal moment in the emerging era of quantum computing and the future of encryption. Follow the company’s journey at quantumxc.com.
Anne Vandermey is a venture capital editor at Bloomberg News.
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.”