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.
Michael Rosenberg is president of ai2hr.com.
Maiclaire Bolton Smith holds the position of senior leader, research and content strategy at CoreLogic. In this role, she leads the thought leadership team for the insurance division and works with the enterprise thought leadership team to reveal new insights about climate to the broader property ecosystem.
Prior to CoreLogic, Bolton Smith held previous positions at RMS, Emergency Management British Columbia, the International Seismological Centre and the Geological Survey of Canada. She is a seismologist by trade. She earned her bachelor’s in geophysics from the University of Western Ontario and her master’s in geophysics, specializing in earthquake seismology, from the University of Victoria.
Sameer leads a team dedicated to continuous growth and delivering a portfolio of services to leading insurance companies around the world. Sameer brings to this role particular expertise in the insurance industry, operations excellence, data analytics, and digital transformation. Sameer is also a certified Six Sigma Black Belt.
Sameer has been in leadership roles of increasing responsibility at Genpact for 15 years and was instrumental in setting up the insurance business at Genpact. His holistic approach to serving clients, and his expert grasp of digital technologies and deep domain expertise, have helped him lead large, successful engagements over the years.
Prior to Genpact, Sameer worked for seven years in the insurance business at General Electric, earning a Master Black Belt designation and serving as an operations leader in GE’s insurance vertical focused on claims and underwriting operations.
Sameer earned dual masters’ degrees in management and economics from the Birla Institute of Technology and Science in Pilani, India.
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.”