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.
Dan Healey is the head of HR at SAP North America.
James Katz is the founder and CEO of Humankind Investments. He is an experienced quantitative equity analyst and data scientist, having worked as an analyst at Vanguard prior to founding Humankind, and holds a PhD from Stanford University's Graduate School of Business.
For more than 20 years, Kenneth Saldanha has served the world’s leading P&C, life and reinsurance companies as a trusted advisor and strategy expert. He has helped clients improve their core operations, grow revenue and adopt innovative strategies, even in the most challenging market and economic conditions.
Kenneth now leads Accenture’s global insurance practice, guiding integration of digital, analytics, experience design and workforce solutions, and driving large-scale transformations that help clients reduce structural costs and grow revenue. With his deep understanding of insurance industry economics and market dynamics, he is uniquely positioned to help insurers navigate the challenges of both disruption and convergence with adjacent industries, such as travel, health and freight & logistics.
Kenneth previously led Accenture’s strategy practice in North America. He joined Accenture in 2013 from McKinsey, where he headed the global and North America practices for insurance claims and operations.
Kenneth earned a Ph.D. from the University of Chicago in 1998. He lives in Minneapolis with his wife and the youngest of their three children.
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.”