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.
Patty Starr is president and CEO of Health Action Council and is responsible for driving the strategic direction of the organization--build stronger, healthier communities where business can thrive.
Since joining the Health Action Council staff in 2013, she has transformed the organization yielding broad national expansion and seven consecutive years of
growth. Patty is a member of the Advisory Board at the Heritage College of Osteopathic Medicine and the Board of Directors for Health Policy Institute of Ohio (HPIO). She has also served on the Board of Directors for the Better Health Partnership, Ohio Patient-Centered Primary Care Collaborative and Health Action Council before becoming executive director in 2013.
Craig Kurtzweil is the chief data & analytics officer for UnitedHealthcare's commercial business. In this role, he leverages the nation's largest health care data set to identify and share insights that can help people and care providers make more informed health care decisions, make health care more affordable for everyone and improve outcomes. This includes exploring new ways to apply data through machine learning and artificial intelligence, creating the next generation of health care analytics and making data a differentiator in the marketplace for the company.
Craig joined UnitedHealthcare in 2005. Since then, he has focused on enhancing how data and analytics support UnitedHealthcare's largest employer customers. His team works with large and complex clients that require a broad view of data, ranging from cost and utilization to productivity and disability exposure. As part of this work, Craig formed the Center for Advanced Analytics to focus on analytic innovations that change the way we evaluate health care value.
Prior to joining UnitedHealthcare, Craig served as an actuarial consultant at Deloitte.
Trinity Davis, managing director at 360 Privacy, spent 18 years in protective services, focused in the UHNW private family office and tech sector.
He built and led cross-functional teams in executive protection, residential security, travel security management and protective intelligence, spending the last six years in Silicon Valley working in social media and fintech. He moved to 360 Privacy in 2022 to focus on educating the industry on digital executive protection and how physical threats begin in the digital landscape.
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.”