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.
Joey Pizzolato is a reporter at American Banker, covering all things payments, including stablecoins, agentic AI, buy now, pay later and earned wage access. He is based in New York.
Prior to reporting on payments, Joey spent nearly six years covering auto finance as the editor of Auto Finance News, and has also covered the mortgage and housing industry, bank technology and marketing, state and federal regulation, fraud and the asset-backed securities market.
His work has earned him two Azbee Awards: One for investigative journalism examining the ease at which bad actors can obtain fraudulent employment verification needed to finance automobiles on social networks such as Facebook and Instagram; and one for enterprise news reporting that examined the lasting effects of inflation and COVID-19 pandemic on the subprime auto finance industry. In 2023, he was named a Goldschmidt FRED Fellow by the Society for Advancing Business Editing and Writing.
Joey holds a Master of Fine Arts from the Naslund-Mann Graduate School of Writing at Spalding University and a Bachelor of Arts degree from DePaul University.
Email Joey at joey.pizzolato@americanbanker.com. Reach him on Signal at @joeypizzolato.25
Tunua Thrash-Ntuk is president and CEO of The Center by Lendistry, a nonprofit organization dedicated to closing the racial wealth gap by anchoring small businesses and the communities where they do business.
John Alchemy, M.D., is founder and CEO of Rate-Fast.
He has been practicing occupational and family medicine since 1997 and is a diplomate of the American Board of Family Practice. Dr. Alchemy has performed and reviewed over 10,000 cases (and counting).
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.”