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.
Christina Lee is a Researcher at ACTUAL, where she focuses on comprehensive policy and industry-related research. With a keen interest in energy and sustainability, Christina delves into topics ranging from renewables and green hydrogen to supply chain dynamics and electric vehicles (EVs). Her research involves synthesizing complex data and trends to provide actionable insights for decision-makers in both public and private sectors. Christina earned her BA in Urban Studies and Planning from the University of California, Berkeley, from the College of Environmental Design.
Karthik Balakrishnan, Ph.D, is the President and Co-founder of ACTUAL, the Capital Planning Software that allows enterprise CFOs to greenlight the investments which allow them to meet their sustainability goals. With over a decade of experience working at the intersection of asset transformation and supply chain, Karthik has established himself as a sought-after leader, speaking at various events on sustainable development, government policy and global implementation. Karthik holds a PhD and MS from Stanford and a BS from UC San Diego all in Aerospace Engineering.
The program honors outstanding achievements in developing technology and implementing solutions that improve the growth and scalability of wealth firms, and enhance client engagement and experiences.
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.”