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.
Matthew Posner is Clean Energy Advisor to City First Enterprises and Principal at Court Street Group.
Dawn Wagenaar is a brand strategist and principal of Ingenuity Marketing Group, LLC, serving accounting firms across the U.S. Since 1992, Ingenuity Marketing has been helping CPAs, attorneys, financial service professionals, engineers, consultants and other professionals develop their practices. Wagenaar has worked in professional service marketing since 1993 when she began coordinating marketing programs for a regional office of a large national insurance and financial services company. Since then she has directed the marketing efforts of a small local and a large regional CPA firm. Wagenaar has a Bachelor of Arts degree from Augsburg College in Minneapolis as well as a Master of Arts in Educational Leadership from the University of St. Thomas in St. Paul, Minnesota. She is a member of the Edina Chamber of Commerce, member of the Legal Marketing Association, past chair of the AAM Conference Committee of the Association for Accounting Marketing, member-at-large for AAM National Board of Directors, and president for AAM Minnesota. Reach her at dawn@ingenuitymarketing.com.
Camilo Atala is the chairman of Grupo Ficohsa.
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.”