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.
Kartik Ramakrishnan is the CEO of the financial services strategic business unit at Capgemini.
Jay Titus is an established thought leader in corporate education strategy and workforce development. He is a trusted advisor to C-Suite level decision makers at Fortune 1000 organizations looking to transform their workforce and retain top talent through creative education benefit solutions. Jay has been featured in Forbes, HR Exec Online, Yahoo Education, and numerous other print and online mediums discussing topics around upskilling, reskilling, and strategic talent management.
Smadar Rinat, CPA, CFE, is a principal in the international and audit and accounting departments of Prager Metis CPAs, a member of Prager Metis International Group. She has over 25 years of experience in the accounting industry. She specializes in providing audit, review, compilation, and accounting services to clients in a wide range of industries, including media and entertainment, technology, not-for-profit, professional services, manufacturing and distribution, and real estate. She is also the leader of the firm's Israel group. In this role, she offers financial and business strategy consultancy to Israeli companies working in or looking to develop operations in the U.S., as well as domestic companies interested in expanding their businesses into Israel.
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.”