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.
Leslie C. Egiziano, MBA, SHRM-SCP, SPHR, is a human resources consultant at Paychex HR Services. She has over 15 years of experience working with Paychex clients in HR Solutions. She came to the company with a diverse work history which helps her connect with a variety of clients. She’s done everything from sales and marketing to establishing an HR department and hiring over 400 staff in a year and a half for a tech startup company — all while continuing her education and certification programs.
Mitch Ocampo is Managing Director and Head of Innovation for RGAX Americas. As the transformation engine of Reinsurance Group of America, Incorporated (RGA) he is focused both on the innovation strategy of RGAX Americas and expanding its capabilities in emerging solutions to better serve clients and solve large-scale industry challenges.
An experienced technology executive, Mitch’s work over the past two decades has taken him to the cutting edge of reinsurance and financial services innovation technology. Since 2015, his primary focus has been insurtech: starting in 2015, he was Chief Technology Officer for reinsurance technology specialist TAI (Tindall Associates), and then, after TAI’s acquisition by LOGiQ3, was Group Chief Technology Officer for LOGiQ3’s companies, which include TAI, APEXA, and Cookhouse Lab. LOGiQ3 was acquired by RGAX in 2017.
Previously, Mitch spent four years as Managing Director, Strategic Industries, Americas, for msg global solutions, a global strategic consulting and intelligent IT solutions specialist. Before then, he was Partner and Managing Director of Kogent Corporation, which builds custom business intelligence, data warehousing and analytics solutions for clients. He has also worked in data solutions and software development/engineering roles for a variety of companies including IBM, EMC, and Thomson Reuters.
Mitch’s Bachelor of Arts (B.A.) is from the University of New Hampshire in Durham, N.H. (U.S.), and holds a dual-degree joint M.B.A. in international business from Brown University, Providence, R.I. (U.S.) and IE Business School, Madrid, Spain.
An active member of the global innovation community, he serves on the advisory board of numerous startups and is a mentor, coach, and advisor to Brown University’s B-Lab accelerator, supporting entrepreneurs developing high impact ventures.
Marc Laliberte is senior security analyst at WatchGuard Technologies.
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.”