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.
Jane Possell is senior vice president and chief information officer for CNA, responsible for all aspects of the company’s technology portfolio. Jane joined CNA in 2019 from Liberty Mutual where she served in a variety of roles, both in business and technology areas. She was most recently responsible for all Small Commercial and Personal Lines Digital Technology.
Prior to that, Jane spent more than 20 years at Accenture working with 20 of the top 25 U.S. Property & Casualty insurers. As a Managing Director for Accenture, Jane led account teams of up to 750 responsible for identifying, shaping and delivering client solutions, while building internal capabilities for Accenture.
Jane has extensive experience leading global teams and building and executing Diversity & Inclusion strategies. She is passionate about developing leaders and teams that co-create high-quality organizational cultures and use the power of diversity to drive business results.
Jane holds dual degrees in Finance and Communications from University of Wisconsin-Whitewater. She is also a graduate of the Leadership Development Program from the IMD Business School in Lausanne, Switzerland.
Dayna Chucta is a consumer financial services litigation attorney with McCarter & English
Jim Richards is founder and principal of RegTech Consulting.
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.”