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.
As chief financial officer at Certinia, Erin Sawyer brings over 20 years of financial and operational experience with 10 years in the software industry. Most recently, she was the CFO of Wowza and deputy CFO at Vertafore. She specializes as an executive strategist focusing on financial and operational discipline through business partnership, value creation and operational excellence. She graduated from North Carolina State University with her MBA and Arizona State University with a degree in accountancy.
Keely Wilkins is the Global Program Manager for Insurance Partnerships, and an Evangelist with the Office of the CTO at Check Point Software Technologies. She has nearly 30 years of experience in technology and cybersecurity. Keely is active in global initiatives like the World Economic Forum's Partnership Against Cybercrime and frequently speaks on AI, cyber insurance, and cyber risk management. She holds a MS in Cybersecurity and an MLS in Cybersecurity Law and Policy.
Jen Cressman is the chief commercial officer at Form Health, the national leader in science-based obesity care.
Jen is a veteran of the healthcare industry, building and leading exceptional sales teams at dynamic, innovative companies. Jen has been leading Form Health through rapid commercial growth since May 2023, focusing on leveraging the physician-led, science-based obesity care model to guide clients through the challenges and opportunities of GLP-1s.
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.”