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.
James joined Vertafore in 2017 to lead Corporate Development and Strategy, shepherding the company through major acquisitions and a transition in ownership to Roper Technologies. After 3+ years of steering our growth in that role, he now oversees the Product Management organization as Chief Product Officer. With extensive experience in strategy, technology, and insurance, James and his team are driving Vertafore’s leadership position in Insurance Technology.
Previously, James was a strategy consultant at McKinsey & Company in its Seattle, New York, and San Francisco offices, supporting companies in developing their strategic visions and executing commercial strategies, with a focus on financial services. James also served in a variety of finance and strategy roles in the telecommunications industry with Telus Communications, a leading Canadian telecommunications company.
Sarah E. Adkisson, Esq., is a senior tax law analyst at Corvee, a software and solutions company serving tax and accounting firms. At Corvee, she works as part of the team that develops and maintains the Corvee tax planning software.
Nathan McCauley is the CEO and co-founder of Anchorage Digital in San Francisco.
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.”