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.
Jonathan Mondillo, Head of Municipals, abrdn
Amar Patel is director of cost segregation at KBKG. Previously, he spent 15 years at a Big Four accounting firm and one year at Centiv LLC, focusing on various specialty tax products including cost recovery solutions and research and development tax credits. In the past 16 years of practice, he has specialized in cost segregation and large fixed asset depreciation reviews for purposes of identifying federal, state and property tax benefits.
Serhat Guven is Willis Towers Watson’s Insurance Consulting & Technology Global Leader for P&C Pricing, Product, Claims, and Underwriting propostion. He and his team are responsible for the delivery of consulting services and technology solutions that are uniquely designed to help insurers respond to significant industry trends; as well as provide carriers support in core areas that are fundamental for effective business management and profitability.
Prior to his current role, Serhat Guven was Willis Towers Watson’s Regional Line of Business Leader for the Americas. In this capacity he was responsible for go to market strategy and development of the full range of consulting services and software solutions to insurance companies. Before joining Willis Towers Watson, Serhat spent nine years in a variety of positions at United Services Automobile Association (USAA), where he was the technical expert on multivariate pricing, demand modeling, classification and tiering analysis, territorial ratemaking, and data management.
Serhat’s primary area of expertise is developing advanced analytics solutions for a wide variety of insurance applications.
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.”