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.
Angelo Grecco is chief business development officer at CardConnect.
John Arensmeyer is an economics expert and former small- business owner who is the founder and chief executive of Small Business Majority.
Fatemeh Khatibloo is a principal analyst at Forrester Research. Fatemeh serves B2C marketing professionals, with a focus on the shifting global consumer data ecosystem. She helps marketers navigate the complex connections between privacy, trust, and ethical data use, including the practices and vendors that can help them bridge the privacy/personalization paradox. Her seminal research on personal identity management (PIDM) describes how consumers will soon manage the sharing of their personal data with each other and with businesses. Her report "Adaptive Intelligence" further defines a framework for privacy-compliant data sharing between organizations to gain insight, reduce risk, and increase profitability.
Fatemeh focuses on privacy, identity, customer insights (CI) services, CI strategy, data monetization, data sharing, adaptive intelligence and consumer preference.
Previous Work Experience
Prior to joining Forrester, Fatemeh was principal of Times Two Marketing, where she built social and multichannel marketing programs designed to engage consumers, drive brand loyalty, and deliver relevant, actionable data to her clients. Prior experience at Binger Catalog Marketing, Abacus, and HagginGroup (now Epsilon) provided her with a deep understanding of the challenges and opportunities facing multichannel organizations across a spectrum of channels, market verticals, and disciplines. She has also held multichannel marketing positions on the client side, with firms like The Flax Companies and The Sharper Image.
Fatemeh is a member of the International Associate of Privacy Professional (IAPP) and is a Certified Information Privacy Manager (CIPM). She has served as a judge for the Multichannel Merchant Awards and the ECHO Awards.
Education
Fatemeh studied journalism at The George Washington 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.”