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.
Vijay Pahuja is the business head for Sutherland's Insurance business. Vijay leads a team committed to continued growth, value creation and service transformation for insurance clients across all insurance segments globally. Vijay’s Insurance career spans over twenty-two years, with a proven track record of building business units, accelerating performance and maximizing value for Insurers globally. An Operations and Strategy professional by trade, Vijay brings depth across all segments of retail, commercial and group insurance, in transforming target operating models, product / service portfolio planning, and full-stack digital technology and analytics enablement. He has advised insurers worldwide on their strategy to build competitive advantage in their transformational efforts to introduce new products & services, promote innovation, change business models and expand globally.
Michael E. Toth is a market leader in EY's Workforce Advisory Services Practice, focusing on companies in the financial services industry. Prior to joining EY’s Workforce Advisory Practice, he was a senior member of EY’s Tax Credits and Incentives Practice for financial services clients, where he provided advice on a variety of local and state incentive programs.
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.”