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.
Kerry L. Myers is a clinical professor of forensic accounting and law at the Lynn Pippenger School of Accountancy at the University of South Florida. He is also assigned to the Florida Center for Cybersecurity at the University of South Florida. He earned his Juris Doctorate, with Distinction, from the University of Missouri – Kansas City School of Law and a Bachelor of Science in Business Administration-Accounting, Summa Cum Laude, from Central Missouri University. He is a licensed attorney in Missouri where he practiced law and was a federal prosecutor for many years. He recently retired from the Federal Bureau of Investigation where he served as the supervisory special agent of the Technical Operations Squad.
Christine Andrews is a clinical professor in the Lynn Pippenger School of Accountancy at the University of South Florida, teaching courses in managerial and cost accounting, and business strategy. She has more than 30 years of experience teaching accounting, in addition to a previous career as a CPA. She holds a Doctor of Business Administration degree from Cleveland State University, and an MBA and bachelor's degree from the University of Buffalo. Andrews has published more than 20 times, including in the Journal of Accountancy and the CPA Journal. Her research interests include fraud hotline effectiveness, accounting for environmental liabilities, and other pedagogical issues.
Scott is passionate about developing and unlocking the potential in people, creating a diverse and inclusive culture where everyone can thrive and succeed, and bringing this same passion to solving complex problems. He spent 15+ years at eBay where he was most recently Vice President of Customer Service Technology Solutions. He played a key role in expanding their operations in Utah and co-led the transformation of eBay’s global customer service with a focus on improving the customer experience while decreasing costs annually. Scott attended the University of New Mexico where he studied Business Administration.
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.”