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.
Karen Hsu is the chief marketing officer at Appdome.
John Grevas is director of product marking at Ohio National Financial Services. A 15-year veteran of the industry, Grevas specializes in life insurance and annuity products and finding ways to make the benefits they offer easier for clients to understand. He holds a master’s degree in journalism and communication.
Ramanan Seshadri manages the professional services business unit for Orion Innovation, where he is responsible for accelerating business growth, client delight, and competency development. He is a global software services leader with an impressive and diverse 25-year track record from individual contributor to leading teams, turning markets and doing business in tough scenarios. He spent more than 12 years in Hexaware Technologies where he held various roles and became a member of the Management Council. As well as managing one of the largest relationships for Hexaware, he also acted as head of the Europe region, and led the health care and insurance verticals. Prior to joining Orion, he held leadership roles in Citiustech and Iris Software. He has a degree in Electronics and Communication Engineering from Madras University and a certificate from the Harvard T.H. Chan School of Public Health.
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.”