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.
Michael Podgortsev is a Director of Data & AI Strategy at a technology advisory firm, and a former CTO with 15 years of building data and AI systems that assess and serve customers. He writes about how systems optimized for an 'average' quietly fail the people who don't fit it.
Norm Hudson is CEO and co-founder at Staff Boom. Norm Hudson is an accomplished insurance executive with over two decades of industry expertise, has a proven record in leadership and management. Previously, as principal owner and CEO of Inszone Insurance Services, Norm Hudson led a team across 40 locations, propelling Inszone into the top 100 national insurance agencies. His commitment to an open, transparent, and accountable company culture played a pivotal role in Inszone's success.
With roles such as COO of Confie Seguros and president/CEO of Cost U Less Insurance, Norm demonstrated expertise in strategic leadership, sales optimization, and achieving significant revenue growth. Norm's legacy in the insurance industry is defined by innovation, leadership, and success, notably exemplified in creating Staff Boom to meet industry-specific needs.
Lilia is SVP of Product Management for the Property & Casualty and Reinsurance division at Sapiens International. With close to 25 years at IDIT/Sapiens, she has shaped the product direction of one of the insurance industry's most established core platforms — from policy administration and claims through to digital transformation and AI-driven automation.
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.”