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.
Robert Lewis is senior vice president of innovation and development at Verisk, where he uses data, analytics, and technology to drive efficiencies and automation in the claims handling process.
Rob was president of Verisk's Casualty Solutions from 2011 until 2022. He joined Verisk when it acquired Crowe Paradis Services Corporation (CPSC), a company he co-founded in 2006. Rob was vice president of sales and marketing from its founding until the acquisition, when he was promoted to president.
Prior to joining Verisk, Rob practiced insurance defense litigation in New Jersey and North Carolina and was a partner in the New Jersey law firm of Capehart & Scatchard. In 2004, he was selected by the New Jersey Law Journal as one of the "Top 40 lawyers under the age of 40."
Ilya Filipov has over 15 years of experience leading growth strategies across life, property, and casualty insurance. As Total Expert's General Manager of Insurance, he leads vertical growth and works directly with customers and prospects to address industry pain points and promote enhanced customer experiences across the entire financial enterprise.
Josephine Stone is Director, Digital Payouts at Fiserv, a leading global provider of payments and financial services technology solutions.
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.”