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.
Jason D. Turner is the Founder, President, and Chief Executive Officer of Venbrook Group, LLC. He is responsible for corporate leadership of the risk management, insurance and reinsurance broking firms, as well as developing and implementing core strategy, building infrastructure, and establishing the Venbrook vision and values systems. From modest origins as the sole proprietor of a retail brokerage, Turner has led Venbrook through a series of successful transitions and acquisitions.
Samara Cohen, senior managing director, is BlackRock's chief investment officer of ETF and index investments and a member of the firm's global executive committee.
Pat O'Donnell is chief executive officer of iPipeline. He joined the organization in November 2023, bringing robust industry knowledge and expertise to the role, including extensive experience in leading and overseeing software company operations, sales, and engineering.
O'Donnell joined iPipeline from Ministry Brands, the leading provider of software and services for faith-based, non-profit, and other purpose-driven organizations, where he led the organization as chief executive officer. In this role, O'Donnell played a key role in the company's success and oversaw a period of transformation and growth.
His experience includes serving as senior vice president, and later as president, of FLEETCOR, an Atlanta-based leading global business payments company.
O'Donnell also held roles of increasing responsibility during his nearly 24 years with ADP, a member of the Fortune 500 and global technology company providing human capital management solutions, including as senior vice president and Division Vice President of Major Accounts.
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.”