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.
Rina Wulfing is the senior policy lead for North America, Wise.
Steve Lockshin, an entrepreneur and financial advisor, is a principal of AdvicePeriod and a co-founder of estate planning software firm Vanilla.
Prior to co-founding AdvicePeriod, he was chairman of Convergent Wealth Advisors, a company he founded in 1994. Lockshin is widely known for his contemporary approach to wealth advisory as well as his estate-planning knowledge and is a frequent speaker on both topics. He memorialized his concerns about conflicts of interest in the industry in his guide for consumers, "Get Wise to Your Advisor."
Janthana Kaenprakhamroy, the author of Navigating Insurtech and CEO of Tapoly. Forbes listed her as number 6 among the Top 100 Women Founders to watch and recognized her as one of the Top Ten Insurtech Female Influencers by The Insurance Institute. Recently, she was named one of the Most Influential Women in Tech 2023 and received the Innovator of the Year award at the UK FinTech Awards 2023. Furthermore, she was honoured as the winner of the Insurance Leader of the Year by the Women In Finance Awards 2021. Prior to her current roles, she served as a chartered accountant and internal audit director at top-tier investment banks.
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.”