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.
Lena is a startup veteran with demonstrated expertise in propelling business growth for growth-stage fintech companies. In her role as Chief Revenue Officer at leading life insurance technology company Bestow, Lena Chukhno oversees B2B partnership growth for advisor, embedded and enterprise partners. Companies of every size — from startups to public companies — leverage Bestow's software to launch and sell digital life insurance and improve efficiency and profitability by managing the business online.
Prior to joining Bestow, Lena had a combined role as the General Manager of Student Loan Refinancing and Head of Strategy at Earnest, a mission-driven fintech in San Francisco. Under her leadership, Earnest grew to become the market leader in the education financing space.
Previously, she led business development and growth strategy for the Multi-Asset Solutions division at JPMorgan and spent time at McKinsey & Company in management consulting.
A native of Ukraine, Lena earned bachelor's and master's degrees in finance from Kyiv National Economic University, and an MBA from INSEAD.
Amana Lilley, CPA, SHRM-CP, PHR, is a consultant at Rosenberg Associates. She began her career in public accounting working in both audit and tax. She spent over five years working with a variety of clients ranging from real estate partnerships to ultra-high net-worth individuals. In 2019, she pivoted her career to assist the profession as a human resource professional focusing on a wide range of areas including talent management, learning and development and general compliance. Today she works with progressive CPA firm leaders and teams on projects such as partner compensation, partner agreements, workshops, strategic retreat facilitation and HR consulting. She is a graduate of Portland State University.
Cheryl DeMars is the president and CEO of The Alliance.
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.”