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.
Craig Hinkley joined WhiteHat Security as chief executive officer in early 2015, bringing more than 20 years of executive leadership in the technology sector to this role. Craig is driving a customer-centric focus throughout the company, and has broadened WhiteHat’s global brand and visibility beyond the application security space and security buyer, to the world of the development organization and a DevSecOps approach to application development.
Prior to joining WhiteHat Security, Craig served as vice president and general manager of the LogLogic business unit for TIBCO Software. In that role, he was responsible for global field sales and operations, client technical services, engineering, research and development, product design, and product management. Before TIBCO, he served as the general manager at Hewlett-Packard for the HP Networking Business in the Americas. Earlier in his career, Craig held positions at Cisco Systems Inc. and Bank of America. He earned a bachelor’s degree in Information Technology from the Swinburne University of Technology in Australia.
Annette Wright is a senior director at Paradigm Technology. She has over 20 years of experience in data architecture, data management, business intelligence and regulatory / financial reporting. Prior to joining Paradigm, Annette has worked as a lead technical architect, data governance manager, lead business systems analyst and an IBM managing consultant.
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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.”