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.
Peter Rodes is vice president of innovation and advisory services, for RGAX, the transformation engine of Reinsurance Group of America, Incorporated (RGA). Based in Chicago, Peter is a member of RGAX’s Emerging Solutions team, with a global role in developing novel and/or disruptive approaches to engaging with life and health insurance consumers to enable them to live healthier, longer, and more financially secure lives. Peter joins RGAX with more than 25 years of experience in health care, marketing and insurance.
As Program Manager, Global Product Portfolio Management for RGAX, the transformation engine of RGA Reinsurance Company, Eva Goldstein has global responsibility for RGA’s product framework, helping RGA and RGAX launch and scale industry-leading products and services. Based in Toronto, Eva brings more than 20 years of industry experience and a deep knowledge of both traditional and non-traditional parts of the business to her role, including local and global business development, alternative distribution, group healthcare, and most recently, strategic partnership management for RGAX.
Keith Ash is a senior vice president for client development with Strategic Resource Management.
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.”