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.
Vladimir Gorbunov is COO and co-founder of Crypterium.
ProtectWise CTO and co-founder Gene Stevens drives the company’s technology vision and architecture. He is a serial entrepreneur with more than 20 years of experience in software development, cloud computing, security-as-a-service, and distributed systems. Prior to founding ProtectWise, Gene was the Founder and CTO at TagLabs, a mobile tagging company. He was previously a Principal Software Engineer at McAfee, Cloud & Content Security, developing the company’s email, web security and data loss prevention products. He joined McAfee upon its acquisition of MX Logic where he was Senior Software Engineer. Gene also held a lead engineering role with GDX, developing secure email and file transfer services based in Tokyo. Early in his career, Gene developed financial forecasting, market analysis and service capacity planning software for Hewitt Associates (Aon). Gene is an expert and a leader on scalability, high throughput and low latency services, and distributed systems design. He is a frequent speaker at security and technology conferences and is covered by the media. Gene is also a member of the Board of Directors for the Open Information Security Foundation in support of open-source security technologies.
Charlene Glidden is vice president of planning and technology strategy at Colonial Life, a leading insurance provider. Glidden is responsible for ensuring the company business strategy is realized through sound business and technology investments made through effective planning and technology execution. She is also accountable for providing data and analytics services within the company. She joined Colonial Life in 2016 after a 20-year career with Unum serving in information technology, shared services and business leadership roles at the company’s Portland, Maine and Chattanooga, Tenn., locations.
Glidden previously served on the board of the Susan Curtis Foundation in Maine, which serves economically disadvantaged children to increase college graduation rates; and Maine Robotics, which provides Maine youth and teachers with mentored activities within the science, technology, engineering and math fields. Glidden holds a master of business administration degree from Boston 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.”