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.
V. Allen Smith is chief information officer at Baker Tilly Virchow Krause, LLP, in Madison, Wis. Since 2001, he has managed all technology strategy and initiatives across the firm. Smith has served as a senior IT executive for a number of corporations, start-ups and growth firms. He is vice chair of the Information Technology Alliance (ITA) board of directors.
George Sutton is an attorney at Jones Waldo Holbrook & McDonough. He served as the Utah commissioner of financial institutions from 1987 to 1993.
Morten is Huddle’s CEO. Based in San Francisco, Morten brings more than 20 years of experience in the technology industry and extensive go-to market and SaaS experience, spanning the U.S. and European markets, to Huddle.
Prior to joining Huddle, Morten was CEO at MACH, a provider of hub-based mobile communication solutions. In this role, Brøgger led MACH’s growth and acquisition by Syniverse in 2013 for $715 million, and subsequently served as Chief Sales Officer for the combined business globally. At MACH, Brøgger brought new cloud services to market, accelerated business into adjacent markets and achieved the highest customer and employee satisfaction in the history of the company.
Brøgger’s previous experience includes leadership roles at Sunrise Switzerland, TDC Denmark and ATEA. He holds an MA from Aarhus University’s business school in international marketing management.
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.”