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.
William G. (Bill) Stuart is the director of planning and business analysis at Voya Financial. He has been involved with Health Savings Accounts since their introduction in 2004 and writes frequently on compliance and strategy issues. He is the author of "HSAs: The Tax-Perfect Retirement Account." He chairs the American Bankers Association HSA Council's compliance committee, is president of the Massachusetts statewide chapter of the National Association of health Underwriters, and serves on the board and several committees at the Employers Council on Flexible Compensation.
Eileen Potter is Head of Insurance at intelligent automation company ABBYY. She has more than 25 years of insurance and insurance technology experience with extensive knowledge of commercial, personal, and specialty lines, including insurance operations on both the agency and company levels. She has worked in independent agencies and MGA operations in a variety of roles, including commercial marketing and underwriting. Her software background includes systems marketing, sales support, and implementation roles with organizations such as Appian, One, Inc., Duck Creek Technologies, and Fiserv, among others.
Yousef Abushanab is an ESG Analyst in RBC Global Asset Management's Corporate Governance and Responsible Investment group. Prior to joining RBC GAM in 2017, he worked for a global ESG research and ratings institution in Amsterdam, where he conducted research on governance practices of publicly listed companies and assisted with ratings analysis.
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.”