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.
Dr. Dave Rengachary is Senior Vice President and Head of Underwriting for U.S. Mortality Markets at RGA Reinsurance Company, where he has served instrumental roles in setting the risk philosophy for the department, oversight of US Manual development, leadership roles across numerous USMM underwriting initiatives and regulatory engagements. He previously served as Chief Medical Director for RGA
Prior to joining RGA in 2013, he was a general neurologist in practice at Missouri Baptist Medical Center where he also served as medical director for their Primary Stroke Center. Dr. Rengachary attended the Honors Program in Medical Education at Northwestern University. He then completed an adult neurology residency at Washington University followed by a fellowship in Clinical Neurophysiology. He serves on the board of directors of Memory Home Care Solutions and Oasis, non-profit organizations respectively dedicated to Alzheimer's caregiver support and healthy aging. He has obtained board certification in neurology, insurance medicine, FALU, and FLMI. Dr. Rengachary recently received his executive M.B.A. through the program at the Olin Business School at Washington University.
In 2021 Dr. Rengachary accepted a position as chair of ACLI's Risk Classification Committee. He is Past-President of the Midwestern Medical Directors Association; current Deputy Director of the Longer Life Foundation; Medical Consultant for the Academy of Life Underwriting; and a past member
Mary Dent is senior advisor at Klaros.
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.”