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.
Chris Click is senior healthcare solutions manager for Nuance Imaging.
Anna Mittag (LL.B., BCL) is VP of Operations of LifeSpeak, a digital platform that offers employees around-the-clock access to a wide range of topics related to total wellbeing.
William Glasgall is Director of Public Finance at The Volcker Alliance in New York. A four-decade veteran financial journalist, Bill brings to the nonpartisan, nonprofit organization a deep knowledge of state and local government finances and fiscal policies and leads the Truth in State Budgeting and Financial Reporting project that is building on recommendations made in 2013 by the State Budget Crisis Task Force headed by Volcker Alliance Chairman Paul Volcker and former New York Lieutenant Governor Richard Ravitch. Bill is also senior adviser to the Ravitch Fiscal Reporting Program at the CUNY Graduate School of Journalism in New York.Bill came to the Alliance from Bloomberg News, where he directed U.S. local-government coverage as Managing Editor for States and Municipalities that received awards from the National Press Club Foundation and other organizations. He also served as co-host of Bloomberg’s Global Week Ahead Podcast, as well as Editor-at-Large and Enterprise Editor, and has been a featured speaker at conferences held by Bloomberg, the Bond Buyer, Governing Magazine, Investment Advisor, and TD Ameritrade. Before joining Bloomberg, Bill spent almost 20 years at BusinessWeek Magazine as Senior Writer and Senior Editor, winning two Overseas Press Club prizes for international reporting and heading the magazine’s personal finance and lifestyle sections. He was also a regular commentator and host on the PBS-TV show “This Week in Business,” Editorial Director of the Investment Advisor Group, vice-president at Standard & Poor’s Corp., and a reporter and editor at the Associated Press and the Star-Ledger in Newark, New Jersey.Bill is a Trustee of the Overseas Press Club Foundation and former member of the Board of Overseers of the Knight-Bagehot Fellowship Program in Economics and Business Journalism at Columbia University, where he was a Fellow. He is a graduate of Boston University and lives in New Jersey.
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.”