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.
Annie Donovan was director of the U.S. Department of the Treasury's CDFI Fund from 2014 to 2018. She is currently president and CEO of Raza Development Fund, a certified CDFI. Twitter: @ADonovanRDF.
Cody Dong leads MSCI's ESG and climate research for the insurance sector. He also sits on the committee that oversees MSCI ESG Ratings' methodology, quality and model integrity. Prior to joining MSCI, Cody was a strategy and business-development analyst at Alcoa. He also has experience as a sell-side analyst covering Chinese insurance and banking equities. Cody holds a bachelor's degree in business management from Ohio State University and a master's in finance from University of Cincinnati. He is a CFA® Charterholder and holds the designation of Financial Risk Manager (FRM).
Arne Philipp Klug is MSCI's biodiversity research director, overseeing thematic research on biodiversity and natural capital. He engages with investors and key stakeholders to help clients set and prioritize their investment objectives for biodiversity. Arne previously led MSCI'S ESG research on the transportation sector. Prior to joining MSCI, he worked as an ESG analyst and account manager at Sustainalytics in Frankfurt and Toronto. Arne holds a master's degree in communications science, political economics and Hispanic studies from the University of Münster in Germany.
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.”