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.
Wayne Rushton served more than four decades at the Office of the Comptroller of the Currency, culminating in his role as senior deputy comptroller and chief national bank examiner. In that capacity, he chaired the agency's Committee on Bank Supervision and represented the OCC on the Federal Financial Institutions Examination Council's Task Force on Supervision.
Earlier in his career, Wayne led the OCC's Multinational Banking Division and held several senior examination and supervisory positions. He gained extensive experience managing troubled institutions during the late 1980s and early 1990s, including service as the comptroller's deputy at the Resolution Trust Corporation and as director of the OCC's Special Resolutions Unit. He also completed a special assignment with the U.S. Department of Justice as a legislative fellow in the 97th Congress.
Following his government service, Wayne was a senior advisor at Promontory Financial Group, where he helped clients navigate complex regulatory examinations and enforcement issues and strengthen relationships with supervisory agencies.
Jimmy Nesbitt is a reporter at Employee Benefit News, where he covers the evolving landscape of workplace benefits, healthcare, retirement, financial wellness and related policy issues. His career has spanned more than two decades and taken him all over the world. He started out as a public safety reporter at a regional newspaper in western Kentucky in 2002, and has since held writing and editing positions at publications in Indiana, Beijing, South Dakota, Massachusetts and South Carolina. Nesbitt most recently served as editor of The Post and Courier Columbia in South Carolina before joining Employee Benefit News in October 2025.
Nesbitt has been recognized for excellence in journalism with multiple awards, including honors in headline writing from the South Dakota Newspaper Association and the Associated Press Great Plains Newspaper Contest, and accolades for community affairs and public service reporting, feature writing, and news coverage from the Indiana Associated Press Managing Editors, Hoosier State Press Association, Kentucky State Press Association, and The E.W. Scripps Company. Most recently, he was awarded the Most Impactful Reporting Award for 2025 from Employee Benefit News.
Alex D. Pappas is an associate in Hunton's Insurance Coverage group in the firm's Washington, DC office. He counsels clients on all aspects of insurance coverage, guiding them in obtaining appropriate coverage and resolving disputes over coverage, including in litigation and arbitration.
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.”