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.
Sammy is the founder and CEO of YuLife, a tech-driven insurance company on a mission to inspire life by providing group insurance, wellbeing, and rewards in one simple app. He originally built Policy Portfolio plc, the first market maker in traded endowments and led the flotation of the company on the full London Stock Exchange. He then went on to become the founding CEO of PruProtect (now VitalityLife), which was the first life insurance company in the UK to reward healthy living. Sammy holds a degree in computer science from Imperial College London.
A 37-year insurance industry veteran and a leader in the cyber insurance field, Keith Savino is the National Cyber Practice Leader with PCF Insurance Services, as well as a Principal and Managing Partner with Broadfield Insurance. Keith is an active member with various organizations, including a member of the Leaders Council for the Association of User Group Information Exchange (AUGIE), past President for the National Association of Professional Insurance Agents, former Board of Director for ACORD, former Chair for NetVU, Advisory Board member for Certificial, former Advisory Board for IVANs, plus many other organizations.
Peter McMurtrie is a partner of the insurance practice for West Monroe, a global business and technology consulting firm. Peter has C-suite experience across a variety of insurance disciplines including sales, marketing, claims, customer interactions, and subsidiary oversight—including extensive interaction with and presentations to boards of directors. His three decades of experience covers all types of insurance—from core product lines of personal and commercial Insurance to ancillary lines like accident and health, pet, travel, and medical stop loss products. Peter joined West Monroe from Nationwide Insurance, where he was president of Property & Casualty Commercial Insurance.
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.”