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.
Rachel Miner is founder and owner of Thrive Benefits, based in Charlotte, N.C.
Hardy Manges is Head of Municipal Dealer Sales at MarketAxess, responsible for new business development and strategy, training, and relationship management with dealers in the institutional municipal market. Mr. Manges joined MarketAxess in February 2016 from Cantor Fitzgerald & Co. where he was Co-Head of the Municipal Debt Capital Markets Group. Prior to that he was Head of Municipal Sales and Trading at Mitsubishi Securities. He has extensive experience in secondary municipal market liquidity and trading and has held a variety of senior positions in the municipal divisions of Alex. Brown & Sons, BankersTrust and Deutsche Bank. Mr. Manges received an M.B.A. in Finance from Loyola University Maryland and a B.A. in Economics and Spanish from Denison University.
Mitch Wein is Vice President of Research and Consulting at Novarica with international expertise in IT leadership and transformation as well as technology strategy for life, annuities, health, personal lines, commercial lines, wealth management and banking. Prior to joining Novarica he served in a series of senior technology management positions at major insurance and banking firms including AXA from 2004-2014 where he was the Interim CIO of AXA Ireland in Dublin, the Chief Architect and Head Of CTO for AXA UK in London and the CTO of AXA Equitable in the US. Prior to AXA, Mitch was with AIG from 1996-2004 where he was the CTO for the Domestic Brokerage Group and Domestic Personal Lines as well as holding other senior technology roles. Prior to 1996, Mitch held a variety of technology positions in large financial service firms. Mitch holds a BS in Finance and a MBA in Information Systems both from Fordham 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.”