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.
Kate Risch Choi is a senior product manager for treasury and payment solutions at BMO Harris Bank.
Tom Hutton is managing partner for XL Innovate, the venture capital arm of XL Catlin. After working as a Consultant at McKinsey and Company, Tom served for ten years as the first CEO of Risk Management Solutions, a pioneer and global leader in providing risk modeling software, data and analytic services related to catastrophic risks to the insurance industry. His insurance career continued as CEO of White Mountains Re and board director of several insurance and reinsurance companies including XL Group, Safeco, Montpelier Re, Centre Cat, and Palomar Specialty.
In 2011, Tom founded New Energy Risk in partnership with XL Group. Tom served as CEO until the founding of XL Innovate in 2015, and currently serves as chairman. New Energy Risk addresses opportunities to apply insurance to support the development and financing of clean technology and renewable energy solutions and infrastructure, through an innovative form of insured technology performance.
Tom currently serves as a board director at several private and venture-backed companies including SoFi, a leading fintech company redefining consumer lending and financial services; Lemonade, a revolutionary personal lines insurance carrier; and Slice Labs, a provider of on-demand insurance in the sharing economy. Tom’s investments at XL Innovate also include Embroker, a tech driven commercial distribution company that is radically improving how mid-sized businesses buy and manage insurance coverage. Tom earned his BA in Economics and MS in Mechanical Engineering from Stanford University and his MBA from Harvard Business School. Tom is involved in several non-profit organizations with an emphasis on secondary school education and environmental issues. He recently served for several years as the President of Trustees at Phillips Exeter Academy, in New Hampshire.
Jim Brandenburg, CPA, MST, is a tax partner at Sikich LLP, a professional services firm. Jim has more than 35 years of experience and knowledge in corporate and partnership tax law, mergers and acquisitions, and tax legislation. He earned a bachelor’s degree in accounting and a master’s degree in taxation from the University of Wisconsin – Milwaukee.
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.”