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.
Rosie Faulkner is vice president and money laundering reporting officer at Earthport.
Gienna Shaw is a freelance writer. She previously served as editor at FierceMarkets.
Jinan Budge is a principal analyst at Forrester Research serving security and risk professionals. She is an experienced leader serving security and risk professionals who specializes in transformational change and building sustainable cybersecurity, digital, and information risk management capabilities. Jinan has delivered outstanding results using strategic and innovative thinking in the cybersecurity field — building, standing up, and delivering significant cyber transformation strategies across the public and private sectors. Jinan’s research centers on building transformational and effective security programs by focusing and communicating the business issues and value of security to organizations and executives.
Previous Work Experience
Jinan has recently returned to Forrester after several years as director of cyber strategy, Engagement Governance Transport for NSW and a similar role with Qantas Airlines. Jinan also has significant financial services and consulting expertise as well as multiple security certifications, such as CISSP and CISM.
Education
Jinan holds two bachelor’s degrees in science and commerce from the Australian National University.
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.”