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.
Judy Bodenhamer is the managing director of the Client Experience Group and a co-founder of Power Up Professionals. She helps professional services firms with business development, marketing, leadership and team development by coaching and developing professionals to unleash deeper impact, purpose and value in their organizations, both with clients and in the marketplace.
Katie Tolin is president of CPA Growth Guides and a co-founder of Power Up Professionals. She helps firms establish growth strategies; connecting the dots between strategy and actions to boost ROI. As a consultant or fractional chief growth officer, her areas of focus include marketing, business development, product management/innovation and client experience.
Eduardo is the co-founder and COO at BetterUp where he brings a successful operational track record and personal passion for human potential to his role. As COO, he leads work in coaching, business operations, and is responsible for the delivery and impact of BetterUp’s products and programs to its rapidly growing customer base.
Prior to BetterUp, Eduardo served in various strategy, investing, and operational roles at Altamont Capital Partners and Bain & Company. Eduardo is a strong advocate for education, economic access, and equity in the workplace, areas where he actively mentors and advises emerging leaders.
Eduardo holds a B.S. in Business, summa cum laude, from the University of Southern California.
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.”