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.
Lukasz Strozek serves as Chief Technology Officer at Hippo. He joined Hippo in December 2020 from ecommerce payments firm Bolt, where he was Vice President, Engineering. Prior to that, he co-founded Clara Lending, an online lender with a mission of making homeownership a reality, which was acquired by SoFi. At SoFi, he co-headed Engineering and was responsible for several of the company's new products. Earlier, at Bridgewater, he partnered directly with founder Ray Dalio, translating his vision into technology products. He is a Harvard graduate and holds a Stanford MBA. Lukasz calls Oakland home, together with his wife, daughter and two pandemic cats.
Mike Becker is CEO of the National Association of Professional Insurance Agents (PIA), one of the largest national trade organizations serving independent agents. As a forward-thinking insurance leader who embraces technology, he has more than 15 years of insurance industry experience. He leads PIA's strategic initiatives, advocacy efforts, and insurance carrier relations as well as oversees all growth initiatives and program launches.
Nola Morris is the VP of Strategy at Denim Social, leading the SaaS provider's strategy for the insurance industry. A social selling expert, Morris serves as a strategic resource for Denim Social's clients and guides the platform's future. Morris has worked in insurance and tech for more than a decade, and previously led key digital marketing programs for Nationwide and Sprinklr.
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.”