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.
Roger Arnemann serves as the General Manager and Senior Vice President of Analytics at Guidewire Software, where he brings over 20 years of expertise in technology solutions to the table. His experience spans across catastrophe modeling, insurance analytics, cyber risk, and FinTech, making him a valuable asset to the company. Arnemann holds Bachelor of Arts (B.A.), Bachelor of Science (B.S.), and Master of Science (M.S.) degrees from Stanford University.
Luis F. Rosa, certified financial planner and enrolled agent, is the founder of Pasadena, California-based financial planning firm Build a Better Financial Future.
He is host of the "On My Way to Wealth" podcast, co-founder of the BlatinX (BLX) Internship Program and co-founder of the SER Latino Advisor Summit. Among his many industry accolades, Rosa has been named to Financial Planning's list of people who will transform wealth management, to the InvestmentNews 40 Under 40 list, to Financial Advisor magazine's 10 Young Advisors to Watch, and four times to the Investopedia Top 100 Financial Advisors list. In 2023 NerdWallet named him one of eight Hispanic personal finance influencers to follow for money advice.
Rosa came to the U.S. at age 11 from the Dominican Republic. Growing up in New York City, Rosa noticed the lack of financial literacy in his community and was inspired by his parents to work hard and pursue an education. Rosa uses his platform to help spread financial literacy via media outreach as well as encourage younger and diverse planners to join and thrive in the industry.
James Gerber is the CFO of SimSpace Corp. and a former financial regulator at the Pension Benefit Guaranty Corp.
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.”