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.
Juan Correa is an associate vice president at BCA Research's Global Asset Allocation service.
He has been a guest lecturer at McGill and Concordia University, and he holds a BCom in Finance and Economics from McGill University, as well as the CFA designation.
Jill Cetina is an executive professor of finance at Texas A&M University. She is a former associate managing director of U.S. bank ratings at Moody's, and the former vice president of supervision at the Federal Reserve Bank of Dallas.
Kathleen Biggins is the founder and president of C-Change Conversations, a nonprofit organization dedicated to promoting productive, non-partisan discussions about the science and effects of climate change. The organization, comprised of volunteers who span the political spectrum, sponsors the C-Change Conversations Primer, which invites business and community leaders to learn about climate change from a wide range of nationally-recognized scientists and business and military leaders. Kathleen also developed the C-Change Primer with input from Climate Central and the Yale Program on Climate Change Communication. Team members have presented the Primer to over 20,000 people in 32 states, and it is widely hailed as an intelligent, dispassionate introduction to and illumination of climate change. The Primer has been endorsed by business, political and social leaders and enthusiastically received by many conservative audiences across the country. Learn more at www.c-changeconversations.org
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.”