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.
John Mackowiak is chief business development officer at Advyzon, a cloud-based platform that combines portfolio management, customizable performance reporting, trading and rebalancing, client web portals, client relationship management (CRM), client billing, and document storage.
John leads the sales and service effort and contributes to development of the Advyzon platform. Prior to working at Advyzon, he spent 12 years at Morningstar, most recently as product manager for Morningstar Office.
Ben Siewert joined International Planning Alliance in November 2019 after a 12-year career as an audit and accounting professional with KPMG, The Siegfried Group and JP Morgan Chase. He holds his CPA as well as his Bachelor of Science in Accounting from Penn State University.
Siewert focuses his practice on working with families, as well as fellow mid-career professionals. He enjoys explaining financial concepts and decisions to his clients using the athletic principles he has learned over the course of 30 years as an amateur athlete. Every athlete works with a coach to enhance their strengths and improve their weaknesses — finances deserve the same care.
Greg Zolkos is president and CEO of Atlas Professional Services, a Tampa, Florida-based IT support services provider. Reach him at gzolkos@atlasps.com and (813) 999-4499.
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.”