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.
Beth Haddock is chief legal officer for wealthtech leader AdvisorEngine and an independent board director and advisor for emerging tech leaders.
With over 25 years of experience leading the design and successful implementation of modern governance programs, she fosters a culture of risk ownership, partnership and creative problem-solving, repositioning governance and compliance as powerful business drivers. She is the author of "Triple Bottom-line Compliance: How to Deliver Protection, Productivity and Impact" and is an active industry leader, serving as co-chair for the Web3 subcommittee of the Digital Tech Taskforce for the New York City Bar Association, the Regulatory Advisory Committee for the National Society of Compliance Professionals and on the Advisory Board for ADVISE AI.
Raymond Leclercq is CFO of Board International, a provider of intelligent planning solutions for analytics and reporting to ensure companies are tracking and sustaining their ESG promises.
Kellie Johnson is SVP for the Americas at payments modernization specialists RedCompass Labs. Kellie previously worked at Payments Canada, Citi, Finastra and National Bank of Canada and has over 20 years of experience in payments with a focus on business development, strategy and product management.
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.”