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.
Ron possesses over three decades of experience in the global financial services and technology industries. He currently serves as Chairman and Chief Executive Officer of the Wall Street Blockchain Alliance, the world's leading non-profit trade association promoting the comprehensive adoption of blockchain technology and cryptoassets across global markets.
Prior to this, Ron served as Chief Executive Officer of DerivaTrust Technologies, a pioneering software and technology firm for financial market participants.
Ron is the editor and contributing author of the book "Blockchain in Financial Markets and Beyond: Challenges and Applications", published Risk Books, as well as contributing author to "Blockchain & Cryptocurrency Regulation 2019-2022", published annually by Global Legal Insights. He was named to the Top 100 Most Influential People in the Accounting Industry by Accounting Today in 2018 and is the Lead Author for the ISACA Blockchain Framework as well as a member of the ISACA Emerging Technology Advisory Group.
He is a frequent guest of major media outlets, including Bloomberg Radio, and is a sought-after speaker and writer regarding financial technology and innovation. Ron also serves as an advisor to multiple startups and corporations focused on fintech innovation and blockchain technology.
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.”