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.
Jason Hemsley is a wealth advisor at Gratus Capital and has been providing custom wealth and business succession plans for over 15 years. Before working at Gratus Capital, he was a senior wealth planning strategist at Wells Fargo Private Bank.
Isabella Aldrete is a summer reporter at Employee Benefit News. She is currently a senior at Barnard College and a former deputy editor at the Columbia Daily Spectator.
Jonathan Schiff, Ph.D, is a professor of accounting at Fairleigh Dickinson University in Teaneck, N.J. He is the author of over 70 articles and research studies on accounting, controls, performance management, CFO practice development, and financial and cost management. He also served as visiting professor of accounting at Columbia University's School of Business and taught in their MBA and executive MBA programs, and was the founder, in 1995, of the Finance Development & Training Institute (www.fdti.org) a 10-member company alliance, chaired by Dell Technologies. He also established several other best practices sharing alliances including the Activity-Based Costing Implementation Group, the Europe-Finance Leadership Institute, the Transit-Finance Learning Exchange and the China Finance Institute. He has served as chairman of a Nasdaq-listed company audit committee and is frequently quoted in the national business media, including Business Week, The Washington Post, USA Today and The New York Times. Schiff received his Ph.D. from New York University. Before completing his master's degree in accounting at NYU, he worked as a staff auditor with Price Waterhouse.
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.”