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.
Gary Coffey is the chief technology officer at Spectrum.Life and has over 15 years' experience in technology and has worked in many sectors ranging from Healthtech, Fintech, gaming, AdTech, media, digital advertising, manufacturing and banking. He returned to Ireland in 2022 after living in Berlin for eight years, working in companies such as Bombardier and most recently in the media & gaming sector for Media Games Invest and Gamigo, where he held a leadership position as group chief technical officer. Gary uses his expertise in all areas of technology and business – from product development, data, M&A, commercial transformation, content & design and has a passion for building motivated & energetic technology teams.
Harriet Christie is chief operating officer of Mirrorweb, a communications archiving solution based in Manchester, U.K.
After graduating from the University of Sheffield in 2010, she entered the tourism sector, starting as an accounts executive at LateRooms.com, earning the title of global accounts manager within three years. She occupied this role for a further five years before joining MirrorWeb.
Dr. Sangeeta Chhabra, co-founder and director of Ace Cloud Hosting, is an entrepreneur with more than 20 years of experience in the IT sector. She has positioned the company as a global provider of IT and managed cloud services, with its QuickBooks hosting tailored for the accounting sector, as well as its Managed Security Services and public cloud offerings for SMBs and enterprises.
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.”