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.
Neal Pandozzi is a partner with the law firm Bowditch & Dewey, LLP in Boston, Massachusetts. He has over two decades of public finance experience. He is licensed to practice law in Massachusetts and Rhode Island.
Aaron J. Harding is Head of Financial Wellness for Morgan Stanley at Work. In this role, he is responsible for developing and implementing human and tech-powered financial coaching capabilities to support and improve the financial well-being of participants across the Morgan Stanley At Work ecosystem.
Prior to joining Morgan Stanley, Aaron led PwC's Financial Education and Wellness team, providing strategic leadership for the design, development, and delivery of employee-focused financial well-being programs, including the assessments, digital tools and thought leadership to support them.
Aaron earned his MBA cum laude from the F.W. Olin Graduate School of Business at Babson College where he was an Olin Fellow, and a B.A. Cum Laude in Psychology from the University of Massachusetts, Boston.
Nischal Nadhamuni is the CTO and co-founder of Klarity. Prior to Klarity, he worked on AI applications at Airware, Flipkart and Mass General Hospital. His team's work at MGH (Massachusetts General Hospital) to detect cancer causing genes using machine learning was published in the Journal of Clinical Oncology. He graduated from the Massachusetts Institute of Technology with a Bachelor of Science in Computer Science.
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.”