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.
Tim Mattke is CEO of MGIC Investment Corporation and Mortgage Guaranty Insurance Corporation. He also serves as chair of U.S. Mortgage Insurers.
Shareen Minor is chief revenue officer, U.S., at Vitesse, financial infrastructure connecting the global insurance ecosystem. With more than 20 years of experience across carriers, TPA operations and PE-backed insurtechs, she leads Vitesse's commercial growth in the United States, bringing deep knowledge of the operational and financial pressures facing the U.S. insurance market.
Most recently, Shareen served as chief revenue officer at Ontellus, a leading provider of health records retrieval and claims intelligence, where she delivered sustained double-digit revenue growth, expanded enterprise client relationships across carriers and law firms, and helped position the business for a successful private equity exit. Before that, she held senior leadership roles including chief commercial officer at Charles Taylor Adjusting and Technical Services, SVP of Casualty Operations at Engle Martin and Associates, and regional vice president at NatGen Premier, where she helped launch and scale a new business unit from zero to $50 million in revenue in 15 months.
Michael Topol is co-founder and co-CEO of MGT Insurance (MGT), an insurer modernizing commercial P&C insurance for businesses and their agents.
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.”