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.
Chase Huey is Vice President, Innovation Pipeline for RGAX. As a key member of the RGAX Global Accelerator team, Chase is responsible for leading concept validation and executing business concepts as they progress through the pipeline.
Chase has worked in a variety of industries, beginning his career in the non-profit sector managing mobile clinics throughout the state of Iowa focused on serving migrant farm workers. He then moved to St. Louis after being accepted into the Coro Fellows Program in Public Affairs, during which time he led a number of initiatives for corporate and political organizations.
After completing the fellowship, Chase started a small project management consulting practice before taking a role as a director in clinical outreach and public health/ at-risk population research with the Saint Louis University sponsored clinic, Casa de Salud.
Chase has a Bachelor of Arts (B.A.) degree from Carleton College, and later received his MBA from Washington University in St. Louis, studying Marketing and Entrepreneurship. During his graduate studies, he completed consulting practicums for start-ups in the U.S. and Israel. After graduating, he worked in technology business development and early-concept validation consulting before joining RGAX as an Entrepreneur in Residence and then becoming a full-time employee in 2016.
Brian Bartosh, CIC, LUTCF, is president of Top O' Michigan Solutions and a board member of SignOn Once by ID Federation. He can be reached at bbartosh@tomia247.com
Alvito Vaz, with more than 30 years of experience in leading insurance digital transformation, is business manager of SignOn Once by ID Federation, the nonprofit coalition of insurance industry leaders committed to improving the security and efficiency of insurance transactions. He can be reached at alvito@idfederation.com.
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.”