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.
Erich S. Huang, M.D., Ph.D., is the head of clinical informatics at Verily Life Sciences.
Ken Moss is chief technology officer of Bill. He brings more than 30 years of experience in global technology teams at a variety of companies and industries including online commerce, search and interactive entertainment. Before joining Bill, he was chief technology officer for eight years at Electronic Arts, where he led the company through a cloud-based transition and pioneered broad uses of data and AI to improve the game creator and player experience. Prior to that, he was vice president of marketplaces technology, science and data at eBay. He was also general manager, director of development, and founder of internet search at Microsoft, where he oversaw the development and engineering with key product teams working on Bing and MSN Search.
Flora Coleman heads up the global policy and government relations team at Klarna. Before that, she developed the global government relations and social impact team at international money fintech Wise. This follows a decade of senior political advisory work, including three years as a senior legislative advisor to the U.K. Government.
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.”