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.
Brad Bolton is president and CEO of Community Spirit Bank in Red Bay, Alabama, and chairman of the Independent Community Bankers of America.
Christopher Ewing is the founder and Chief Strategy Officer of One Inc. A long time entrepreneur raised in Sacramento, CA, Christopher has a proven track-record building effective teams and partnerships to deliver innovative solutions to customers.
Christopher began his insurance industry career in 2003 as the President and CEO of Keenan Holdings. He also served as the CTO and General Counsel of Cost-U-Less Insurance Center, growing the company from 32 locations to more than 100. Chris was also the Co-Founder, President, and CEO of Stonewood Insurance Services, Co-Founder and CTO of ClearSide General Insurance Services, and Co-Founder, General Counsel, and Executive VP of GreenPath Insurance Company.
Christopher received his Bachelor's degree in Business Administration from the University of California, Riverside, and his Juris Doctor from University of the Pacific McGeorge School of Law.
Mark Snyder is the principal consultant and claims subject matter expert at Hi Marley.
He is a proven leader and P&C insurance claims optimization expert with significant experience in quality management program design, insurtech and digital strategy operationalization, operational transformation, project management and training development and delivery.
Mark also has deep claims technical handling, management and auditing knowledge and skills across all major lines of business and select specialty lines.He previously held leadership positions with Ohio Casualty, Liberty Mutual, Athenium Analytics and Aon Inpoint.
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.”