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.
Brad Calhoun is president and CEO of Teachers Federal Credit Union.
Mike Cagney is the co-founder and chief executive officer of Figure.
As chief product & technology officer, Jess will lead Duck Creek's product vision to drive value for customers, partners and system integrators.
Jess is a champion of improving the customer experience and leads with a forward-thinking attitude toward deepening the connection between products. Prior to joining Duck Creek, Jess worked at ZoomInfo Technologies Inc. (NASDAQ GS: ZI), a leading go-to-market intelligence platform, and UKG, a multinational technology company providing workforce and human resource management services, where she led product and engineering teams that delivered innovative multi-channel solutions and thought leadership to customers.
Jess joined Duck Creek on April 11, 2022 with more than 15 years of experience delivering B2B products at an enterprise scale across multiple industries. Jess has been featured in multiple publications and spoken at events within the software community on the topics of creating product vision, fostering a culture of innovation, improving the employee experience, women in technology, and authenticity in the workplace. Jess earned her Bachelor of Business Administration degree from the University of Massachusetts – Amherst, as well as her Juris Doctorate from the Washington College of Law at American University.
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.”