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.
Pierre E. Debbas is managing partner of Romer Debbas.
Adam Vander Weerdt is agribusiness region leader, for Westfield Insurance.
Jennifer Lee is the President and Co-CEO of Intradiem, a company transforming customer service operations through dynamic workforce orchestration and people-first innovation.
Jennifer's career began on the frontlines of the contact center, where she learned firsthand the challenges and potential of customer service work. Over two decades later, she now leads a company she once supported from the inside, proof that empathy and accountability can coexist at scale. Jennifer joined Intradiem in 2015 as Director of Customer Success. Since then, she has held positions as Chief Strategy Officer, Chief Operating Officer and President, before assuming her current role as Co-CEO.
A passionate advocate for human-centric leadership, Jennifer believes that technology should empower, not replace, people. Under her guidance, Intradiem has grown into a market leader known for combining operational excellence with a deeply human culture—one that values wellbeing, learning, and bold curiosity as much as results.
Recognized for her "frontline to CEO" journey, Jennifer frequently speaks about the future of work, leadership in the age of AI, and building resilient organizations rooted in purpose and compassion. She is driven by a simple belief: when you invest in people, performance follows.
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.”