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.
Mark Corcoran is CFA, OCIO at tru Independence
Charles Maniace is vice president of regulatory analysis and design at Sovos, a global provider of software that safeguards businesses from the burden and risk of modern tax. An attorney by trade, he leads a team of attorneys and tax professionals responsible for all the tax and regulatory content that keeps Sovos customers compliant. Over his 15-year career in tax and regulatory automation, he has provided analysis to The Wall Street Journal, NBC and other outlets.
Désirée is Ginger’s Chief People Officer. Prior to Ginger, she was CPO at Carrot, where she built and led the company’s human resources function across the employee lifecycle. Prior to this, she led human resources functions at The Permanente Medical Group in San Francisco and BaroSense, a medical device company. Informed by human-centered design principles and data-driven inquiry, Désirée is committed to curating joyful and resilient workplace cultures where employees are empowered to do their best work. Born and raised in Europe, Désirée speaks three languages fluently, and she draws on her culturally diverse background to champion diversity, equity, and inclusion. She is trained in economics and legal studies, and holds a BA in Humanities and a master's degree in Clinical Psychology both from the California Institute of Integral Studies 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.”