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.
Louisa Harbage-Edell is the director of market intelligence and strategy for Arity. She has spent her entire career in the insurance industry and most of that surrounded by telematics, first as an actuarial analyst at Progressive Insurance, before transitioning to business consulting, where she spent over a decade helping to build initial demand for telematics programs across the insurance industry, including launching the precursor product to DriveAbility.
Megan Klein is the Actuarial and Rating Services Director at Arity. Her team is responsible for the actuarial support of Arity’s telematics models, enabling insurance companies to execute on their goals around telematics. Leveraging over a decade of P&C insurance product and pricing experience, Megan ensures telematics risk models are actuarially sound, consumable by users, and supportable with regulators. Megan received her bachelor’s degree in Mathematics: Statistics and Actuarial Science from the University of Northern Iowa. She is a Fellow of the Casualty Actuarial Society.
Rob Nendorf is the Director of Data Science at Arity. He leads the data scientists, data engineers, and analysts across the company that turn our driving data into meaningful insights. He previously led data science as well as analytics deployment initiatives at Allstate. Rob received his Ph.D. in Mathematics from Northwestern 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.”