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.
Paul Mang is Chief Innovation Officer at Guidewire, a provider of predictive analytics and business intelligence solutions for the P&C insurance industry. He is the former Global CEO of Analytics at Aon plc.
André is responsible for the strategy and execution of direct venture and fund investment, in addition to establishing partnerships in the reinsurance business space that generate accretive value for RGA.
With an insurance industry career spanning over 20 years, André has spent the last 17 with RGA in various roles from marketing, business and product development, venture investment and senior leadership. Since first joining RGA in South Africa in 2005, he has worked in local, regional, and international positions, most recently transitioning to venture investments in 2015. His team currently oversees a portfolio of more than 35 venture and 8 fund investments spanning the globe.
André holds a post graduate degree in Actuarial Science from the University of Witwatersrand, Johannesburg, and Fellowships with the Institute of Actuaries (FIA), the Actuarial Society of South Africa (FASSA) and the New Zealand Society of Actuaries, while being an affiliate member of the Actuaries Institute of Australia.
He regularly presents at industry and professional conferences and is an active thought leader on many current matters affecting life and health insurance industry.
Ted Moynihan is partner and global head of financial services at Oliver Wyman.
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.”