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.
Deb Seidman has over 25 years' experience working to enhance the effectiveness of leaders and their organizations, enabling them to execute their business strategy. She has worked with clients across a range of industries including financial services, pharmaceuticals, technology, government, and non-profit. Throughout her career, both in corporate operating roles and as an external consultant and coach, she has partnered with clients to gain insight into business challenges and opportunities, foster collaboration within and between teams, and facilitate organizational transformation. She holds a Bachelor of Science degree in Industrial and Labor Relations from Cornell University and a Master of Arts degree in Politics from New York University. She is an IAF Certified Professional Facilitator. Deb lives in New York City where she can be found at her printmaking workshop creating lithographs and woodcut prints.
Guillermo Rodriguez has occupied diverse roles over the past 20 years, from in-house corporate positions to being a self-employed consultant, and is currently serving as a virtual CFO at Summit Virtual CFO by Anders. His journey began with a major corporate job, where he had the opportunity to explore various functional departments, gaining insights into different aspects of the business, including forecasting around a significant acquisition. He later became a virtual CFO within the cannabis industry, helping guide cannabis operators down the path of profitability.
Shane Hamby is the vice president of products at Stampli, the leader in AI-powered accounts payable automation and payment services.
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.”