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.
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Tom Neill was managing shareholder of Finney, Neill & Co. His 40-plus years in public accounting primarily focused on assurance and attest services as well as financial statement preparation and business consulting experience in a large variety of industries. His experience also includes working with business and individual tax matters. He also teaches continuing education courses in regulatory ethics.
He is a member of the AICPA's National Pipeline Advisory Group; current chair of the AICPA Uniform Accountancy Act Committee; and a member of the NASBA Peer Review Compliance Committee. He spent nine years on the Washington State Board of Accountancy (including two years as board chair); and is a past-member of the NASBA Ethics and Professional Issues Committee, a past member of the AICPA Professional Ethics Executive Committee, and past president of the Washington Society of CPAs. He graduated from the University of Washington in 1980 and received his CPA license in 1983.
Denise M. Tyson is the CEO and founder of Schaefer City Technologies. Tyson is a financial and operational management executive with extensive experience in the insurance industry, including insurtech startups, mergers/acquisitions, reorganizations, and financially challenging situations. She has held C-level positions with multiple insurance companies since 2000. She was the founder of Simplicity, Inc. an insurtech startup focused on pay-as-you-go personal auto insurance; the president of Go Insurance Company, part of a fully integrated insurtech organization; and the first EVP and CFO of Doma (fka States Title, Inc.) an insurtech company transforming the title industry.
Tyson started her finance and accounting career in public accounting in New York City working for KPMG and went on to work with PwC in Los Angeles as a Senior Manager leading their Financial Services team before launching into the insurance and insurtech industries. Tyson is a Certified Public Accountant. She holds a Bachelor of Science in Accountancy from Villanova University and an MBA from the UCLA Anderson School of Management.
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.”