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.
Persico leads the global assurance service line, which is composed of nearly 70,000 people worldwide, and has the overall responsibility for developing its strategy.
In addition to auditing, his competencies include transaction support, IPOs, IFRS conversion and SEC filings.
Persico joined EY in 1986 and has served in a wide range of roles in both Europe and the US, including assurance leader for EMEIA, assurance COO for EMEIA, assurance leader for Italy and the former continental western Europe area and sector leader for technology and communication. In addition to auditing, he has experience of transaction support, IPOs, IFRS conversion and SEC filings. He still serves as the global client service partner for several Global Fortune 500 companies.
During Persico's three-year tenure as EMEIA assurance leader, he worked extensively with European regulators, and successfully established the Assurance specialty practices including Fraud Investigation and Dispute Services, Financial Accounting Advisory Services and Climate Change and Sustainability Services.
Persico is on the board of several foundations and contributes his time to various education and not-for-profit organizations.
Felice has a master's degree in business economics from the University of Turin School of Business, where he has also been a professor of accounting and auditing. He is qualified and active as a U.S. CPA and as an Italian Chartered Accountant (Dottore Commercialista and Revisore Contabile).
Aaron Weitzman currently covers a myriad of municipal topics on the sell side for The Bond Buyer. He is primarily responsible for covering the sell-side of the muni market, and often contributes to the daily coverage of the primary and secondary markets. Aaron also focuses in on bond insurance and underwriting businesses. Previously, he wrote for the fantasy sports website Rotoballer and covered the flooring industry for Hearst Business Media. He holds a bachelor’s degree in English writing from the University of Pittsburgh.
Michael Graff is a risk analytics manager at Radial.
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.”