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.
Drew Fekete is Underwriting Manager, Miscellaneous Medical, at Beazley. He joined Beazley's Miscellaneous Medical & Life Sciences team in 2018 as the sole west coast Allied Health underwriter with a focus on growing their presence in the region. Using Beazley's Medical Professional product as well as its pioneering Virtual Care form, Drew developed relationships and marketed throughout Southern California, growing his book of business with creative coverage solutions on some of the industry's most complex and difficult-to-place insureds. In 2019, Drew relocated to Denver to assist in the buildout of Beazley's newest office.
Anna is a Managing Director in Accenture's Insurance practice, based in Milan, and the Executive Sponsor for the Qorus-Accenture Innovation in Insurance Awards. She leads transformation programs for major insurance companies, focusing on data and AI, adoption of digital platforms for managing new risks and the regulatory challenges of the Italian market. Anna has a master's degree in Management Engineering and Financial Management from the Polytechnic University of Turin and a specialization in Financial Innovation Management from SDA Bocconi.
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Prior to joining Aptus, Brad was a research analyst at Driehaus Capital and a research analyst and equity trader at Opus Capital Management. Brad is a member of the CFA Institute and the CFA Society of Alabama. He graduated from Xavier University with a BSBA in finance.
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.”