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.
Brian Uhlig is a senior partner of employee benefits at Alera Group, a leading independent, national insurance and financial services firm created through the merger of like- minded, high- performing, entrepreneurial firms across the United States. It is the 7th largest privately held employee benefits company in the nation and was founded in 2017.
Bernhard is a principal in EY’s Financial Services Office and is the Global Leader of EY’s Customer and Growth Solution for the insurance industry. This practice assists insurance carriers world-wide in transforming their sales, service and marketing operations. Previously, Bernhard was Chief Marketing Officer for a $100B division of a global financial institution, and oversaw commercial initiatives across 31 countries. For 25 years, Bernhard has led analytics and customer driven transformation programs in the financial services industry, delivering results in terms of customer acquisition, retention, product cross-sales and the efficacy of sales, service and marketing. Typical programs include digital channels, customer experience improvement and adopting distribution management and CRM practices and technologies. Bernhard holds an MBA from Wharton and a MS Finance from Erasmus University.
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.”