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.
Christine Pratt is a senior analyst at Aite Group specializing in lending and credit risk and spanning Aite Groups Retail and Wholesale Banking segments. She brings to Aite Group a strong research and consulting background as well as hands-on experience developed working within financial institutions.Ms. Pratt has been widely quoted in national media and industry publications such as Wall Street Journal, Forbes, American Banker, Bank Technology News, Bank Systems & Technology, and Credit Union News. She has presented at major industry events (CBA, MBA) and client conferences for top technology providers.Before joining Aite Group, Ms. Pratt served as president and CEO of Pratt Associates, a firm dedicated to providing marketing and competitive intelligence, including research advisory and consulting services, to the financial services and healthcare industries. Prior to this she was a research director within Financial Insights Consumer Banking and Credit practice, and senior research analyst with TowerGroups Consumer Credit practice. In these capacities she authored research and advised senior management of financial services clients on system selection and best practices in business processing.Ms. Pratt adds strong domain expertise to her list of industry experience, including COO duties for both the consumer lending and mortgage subsidiaries of a large regional lender, and CAO duties for two investment advisory firms. Ms. Pratt managed multiple core banking systems conversions for RBS Citizens Bank, a top 10 U.S. bank, and was a senior vice president at BayBanks, where she had oversight of all credit operations (including credit cards, mortgages, and auto finance) and managed a staff of more than 500. At Shawmut Bank, Pratt drove the centralization of corporate customer call centers and managed all corporate services operations. Additionally, as a senior manager for a New York-based consulting firm, she supported Top 10 financial institutions and Internet startups.Ms. Pratt holds a B.A. in both English Literature and Mathematics from Boston University.
Tracy Walsh is a senior consultant for Population Health Advisor of Advisory Board, a consulting firm specializing in healthcare and technology.
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.”