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.
Eileen O. Pincay, R.Ph., is vice president and national pharmacy practice leader at Segal.
Jonathan Boylan is a 30-year veteran of insurance and financial technology. He is the Chief Technology Officer of FINEOS, a leading provider of Life, Accident and Health insurance solutions to over 60 insurers in North America, EMEA and APAC. In the last 20 years, Jonathan has played a leading role company's growth from a startup to becoming a publicly traded company with over €120m in annual revenue. While leading technology throughout the period, Jonathan took on additional responsibilities to support growth including establishing product management and leading marketing. As such, Jonathan has spent much of his time supporting the acquisition of new customers in new and existing markets, both directly in the sales process and in broader thought leadership. More recently, he worked to select acquisition targets which led to the successful acquisition of Limelight Health and Spraoi by FINEOS. In his spare time Jonathan has volunteered his time to support the Irish Software Association, Tech Ireland, Alexandra College and SciFest.
Tim Urbanowicz, CFA, is the head of research and investment strategy for Innovator Capital Management.
Prior to joining Innovator, he was a senior investment strategist for Northern Trust, serving as a subject matter expert on global markets and portfolio construction. Prior to joining Northern Trust, he served as the director of fixed income ETFs and head capital markets strategist for Invesco.
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.”