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.
Eric J. Ellman is the President of the National Consumer Reporting Association (NCRA), a trade association of highly-regulated mortgage reporting and tenant screening companies that provide consumer reports and credit reports to lenders and landlords.
Rachel Farris, CPA, is the founder of TaxStackAI.com, a company dedicated to helping small accounting firms modernize through AI-powered tools. She also leads her own accounting practice, where she focuses on strategic tax planning and advisory services. She is a recognized thought leader in the accounting profession, frequently presenting at national conferences, contributing to podcasts, and leading continuing education sessions for accounting professionals. She has been recognized as one of America's Top 200 CPAs and named among the 40 Under 40 Top Accounting and Tax Professionals. She is passionate about inspiring the next generation to pursue careers in accounting and driving innovation to modernize the profession.
Alex Mechling, JD, serves as Director of Go-To-Market Strategy and Carrier Management at Paychex Insurance Agency. A benefits consulting leader with over 12 years in the field, he holds deep expertise in employee benefits, strategic planning, and digital health solutions. His professional background spans startups, private firms, and publicly traded companies, where he is recognized for driving growth through cross-functional alignment and talent development.
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.”