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 Woodward is the senior advisor to Socure.
Socure provides digital identity verification and identity fraud prevention. Founded in 2012, the company's mission is to verify 100% of good identities in real time for customers including financial institutions, government agencies and enterprises across all industries.
Prior to Socure, Woodward was engaged in more than a dozen advisory roles — from advising public and private CEOs to senior executives to private equity firms — for digital identity, payments risk and data infrastructure opportunities. Before these advisory positions, Woodward was the group president of Early Warning, a financial institution data consortium, and the parent company of Zelle. During his time at Early Warning, he led the risk services business and initiated the build-out of Zelle's real-time fraud and risk capabilities. Prior to that role, he led the strategy and M&A group at Early Warning.
Peter Pezaris is New Relic's Chief Design and Strategy Officer, leading user experience vision and design and design system and quality. Prior to New Relic, Pezaris was the Founder & CEO of CodeStream, a service that helps development teams discuss, review, and understand code. Before CodeStream, Pezaris was Founder & CEO of Glip, a team collaboration platform acquired by RingCentral in 2015, and Multiply.com, a social commerce platform acquired by Naspers in 2010. He also founded Commissioner.com, one of the first online fantasy sports platforms, which was acquired by CBS in 1999. A seasoned entrepreneur and tech executive, Pezaris is a recognized expert in the collaboration and social networking space, pioneering several of today's most commonly used features in real-time messaging. Pezaris holds BS degrees in Computer Science and Applied Mathematics from Carnegie Mellon University.
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.”