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.
Taylor C. Nelms is vice president of research and insights at the Financial Health Network.
Mike DePrisco is president and CEO of the Institute of Management Accountants. Since joining the IMA in April 2023, DePrisco has led the development and implementation of a new vision and strategy designed to broaden the organization's relevance and reach, enhance member experiences, and strengthen IMA's role as a catalyst for professional growth and leadership. Prior to the IMA, DePrisco spent a decade at the Project Management Institute where he served as chief operating officer and interim president and CEO. DePrisco serves on the AAA Foundation Board and is co-chair of the Future Accountant Stakeholder Organization. He is also a member of the CEO Update executive roundtable program, advocating for the future of accounting and management professions. His leadership has been recognized through inclusion on Accounting Today's Top 100 Most Influential People in Accounting and NJBIZ's Power 50 in Accounting lists.
Emily McGinn is the general manager of the MGA business unit at Vertafore. McGinn is a seasoned business and technology leader and has driven growth and transformation across finance, operations and digital initiatives. Previously, McGinn held senior roles at Windstream, Lumen Technologies and Zayo Group, where she led large teams, improved efficiency and fostered innovation.
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.”