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.
Rama Sreenivasan is co-founder and CEO of Blitzz, a live, app-free remote video support and inspection platform. Sreenivasan has led the company through its initial inception, launch, and subsequent growth to several million video support minutes per month. Major customers include BMW, Sealy, Fedex, and Rogers telecommunications.
Before founding Blitzz in 2017, Rama spent several years working as a scientist and educator. His biggest joy comes from helping others solve their problems and he is passionate about finding effective ways to disseminate knowledge. Sreenivasan has a PhD and MS in chemical engineering from the University of Maryland, College Park. He also did his post doctoral research at MIT in Cambridge, Boston.
Steve is a partner in PwC's Risk Modeling Services practice. He leads PwC's US Climate Risk Modeling team and has more than 24 years of experience in actuarial risk and financial modeling. Steve's team is comprised of actuaries, financial analysts, PhD climate scientists, data scientists, geospatial engineers, and other climate risk specialists. His approach blends climate science with geospatial analysis and financial modeling to help clients identify, measure, and manage climate risk exposure. Projects include climate change risk assessments and quantification for both physical and transition risk, emissions optimization, and other financial and risk modeling projects. Steve has a degree in Mathematics from Saint Joseph's University in Philadelphia, Pennsylvania. He is a fellow of the Society of Actuaries and a Chartered Enterprise Risk Analyst.
Osho Jha is a co-founder of Arbol currently serving as its Chief Data Scientist. He is also a founding partner of dClimate, the first decentralized climate information ecosystem. As Chief Data Scientist at Arbol, he oversees the development of data-driven parametric products and climate risk solutions. Osho comes to Arbol with over a decade of experience as a product-focused data scientist. His experience ranges from cutting edge NLP research for DARPA resulting in a speech-to-speech translation system deployed by the U.S. military to using exhaust data for trading global equities.
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.”