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.
Robert Lajdziak is the Insurance Business Consultant for the Insurance Practice at J.D. Power. He is responsible for the company’s syndicated research studies on both personal Home and Auto insurance in North America as well as Life insurance. He is also responsible for developing research-based solutions that drive measurable results for clients within the insurance industry in North America. His primary focus is on improving product quality, while building client relationships and delivering actionable insights.
Lajdziak joined J.D. Power in 2012 and has served in several positions in the Services Industries-Americas Practices, in both Financial Services and Insurance, including Senior Wealth Management Analyst, Research Supervisor, Research Specialist and Research Associate prior to joining the Insurance Practice team.
During his tenure at J.D. Power, Lajdziak has contributed to several thought leadership pieces—which were covered by trade publications and at industry seminars—regarding such topics as shopping with online chat; self-service and the future role of agents; transparency of commissions and fees; goals-based investing; and women in the wealth management sector.
Mr. Lajdziak earned a bachelor’s degree in marketing-management from Hillsdale College in Hillsdale, Michigan.
Greg Rivera is a senior vice president at Accruent, a global software company that helps companies optimize all stages of real estate, facilities and asset management. He has responsibility for the company’s retail industry, and also leads its big data and lease accounting initiatives.
Jason Grantz, AIFA, QPA, is the director of institutional retirement consulting at Unified Trust Company, based in Lexington, KY.
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.”