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.
Amy Vetter, CPA, CGMA, is the CEO of The B³ Method (Business + Balance = Bliss) Institute, where she empowers accounting professionals to transform their firms through connected leadership and client advisory excellence. With over 25 years of experience, including executive roles at global technology companies, she blends deep industry knowledge with mindfulness principles to help practitioners create sustainable success. Her Cherished Advisory Services programs guide firms in developing high-value client relationships that drive growth and profitability. A best-selling author, sought-after keynote speaker, and host of the Breaking Beliefs podcast, she has been repeatedly recognized as one of the Top 25 Most Powerful Women in Accounting and a Top 100 Most Influential Person in Accounting by industry publications.
Pat Connolly, CPA, is a tax partner at BlumShapiro, the largest regional business advisory firm based in New England, with offices in Connecticut, Massachusetts and Rhode Island.
Paul N. Iannone, JD, CPA, MST, is the founder of Tax Career Advisor LLC and author of “Extraordinary Tax Career.” Tax Career Advisor, LLC provides customized career coaching for tax and accounting professionals and consulting to CPA firms and corporations.
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.”